Defragmentation of International Law through Constitutional Interpretation: A Methodological Proposal
Journal
Indiana Journal of Global Legal Studies
ISSN
1080-0727
Type
journal article
Date Issued
2009-01-01
Author(s)
Abstract
Fragmentation of public international law (PIL) is perceived as a growing problem and answers to it are proliferating. International courts and tribunals are adjudicating ever more on issues that would be considered-were they not transnational or international in nature-constitutional problems. In national law, countervailing values, or intra-constitutional conflicts, are reconciled through a balancing of those values that is usually embedded in the application of the proportionality principle. A similar mechanism in PIL remains underdeveloped from a methodological point of view. This article aims to develop a methodological proposal for defragmentation through interpretation, drawing on legal theory, to be more precise on a theory of balancing.
Available at: http://www.repository.law.indiana.edu/ijgls/vol16/iss2/5
Available at: http://www.repository.law.indiana.edu/ijgls/vol16/iss2/5
Language
English
HSG Classification
not classified
Refereed
No
Publisher
Indiana University School of Law
Publisher place
Bloomington, Ind.
Volume
16
Number
2
Start page
483
End page
512
Pages
30
Subject(s)
Division(s)
Eprints ID
47201