The Refinement of International Law: From Fragmentation to Regime Interaction and Politicization

Peters, Anne

doi:10.2139/ssrn.2823512

Cited by 14 publications

(12 citation statements)

References 18 publications

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“…If compliance depends – as is widely thought – on the precision of the respective norm, it is bound to be negatively affected if norms compete and call each other into question. Actors may then shift from a norm-oriented to an interest-oriented stance, and the international rule of law stands to suffer from such fragmentation as a consequence (Drezner 2013; Peters 2017: 678–80).…”

Section: Fragmentation and Frictionmentioning

confidence: 99%

“…The practical effects of such irresolution may be mitigated by a shift to new tools of interpretation – tools that focus on ‘communicative compatibility’ rather than consistent interpretation (Pulkowski 2014), or that provide bridging mechanisms on the part of dispute settlers (Delmas-Marty 2009; Young 2012; Andenas and Bjorge 2015; Peters 2017). These do indeed reduce the potential for friction in individual cases as they eschew hard choices in favour of one or the other of two colliding norms.…”

Section: Fragmentation and Frictionmentioning

confidence: 99%

“…Formal rules of legal interpretation may suggest the need for binary choices, but we can observe a much wider range of creative efforts at navigating between the competing norms on the part of actors who avoid taking clear sides in a contest. For judicial bodies searching for common ground, these efforts may involve a turn towards bridging mechanisms, such as ways of taking different norms ‘into account’ or interpreting them in consistency with one another (Krisch 2010: 285–96; Peters 2017). Observed diachronically, the use of such tools often appears as part of judicial dialogues geared towards a greater approximation over time (Tzanakopoulos 2012), and the ‘common language of international law’ may help to smooth interactions (Birkenkötter, this issue).…”

Section: Varied Pursuits: Rivalry Irritation Navigationmentioning

confidence: 99%

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Order at the margins: The legal construction of interface conflicts over time

2020

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Legal multiplicity in the global realm, and the interface conflicts that ensue from it, are widely thought to have a destabilising effect, blocking the path towards a more integrated and perhaps constitutionalised global order. While this diagnosis may appear plausible if interface conflicts are seen as snapshots and rivalrous institutions as the main actors, it is less convincing if we regard these conflicts as part of social processes of contestation that define the relations between different norms over time. It is also less plausible if actors with other orientations – norm irritation or navigation – are taken into view. This article works towards a more encompassing account, both temporally and as regards actor orientations. It uses two case studies of conflicts at the interface between economic governance and human rights to probe the plausibility of its conjectures. Both cases appear as instances of prolonged norm contestation which, despite continued irresolution of the underlying conflicts as a matter of law, have resulted in a significant reorientation and (partial) consolidation around new interpretations. This suggests that interface conflicts, rather than destabilising the rule of law, may also open a pathway for change in the otherwise rigid structure of the international legal order

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Section: Fragmentation and Frictionmentioning

confidence: 99%

Section: Fragmentation and Frictionmentioning

confidence: 99%

Section: Varied Pursuits: Rivalry Irritation Navigationmentioning

confidence: 99%

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Order at the margins: The legal construction of interface conflicts over time

2020

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“…6 Although the particular term, fragmentation, has connotations that are hotly contested, scholars generally accept the field of international law has diversified since the late 1980s. 7 International law is patterned with relatively distinct subfields, separating investment law from humanitarian law from trade law and so on. My proposal that there is an emergent community of international climate lawyers relies on the premise that there is an emergent subfield of international climate law, which is relatively differentiated from international law at large.…”

Section: International Law As a Professional Practicementioning

confidence: 99%

Professional Practice in International Climate Change Law

Mason-Case

2018

Proc. annu. meet.

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Over the last few years, two international organizations launched global networks to connect legal professionals specializing in law as it pertains to climate change. The first textbook on international climate change law was published during this time and a second is was released in 2018. Such developments no doubt reflect the growing prominence of the subject in public discourse and regulatory efforts. More subtly, they point to an emergent community of lawyers working with and generating international climate law as a matter of professional practice.

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“…However, scholars of both disciplines have also pointed out that the process of constitutionalisation is inherently contested, implying that contestation across legal spheres 'does not (necessarily) descend into conflict but can productively produce new institutions at the domestic and global level' (Lang and Wiener 2017: 4; see also Tehan et al 2017). In our view, the consequences of the growing institutional density for global order are thus far from established (see also Peters 2017;Meggido 2019). As we argue in this Special Issue, the question of how the existence of multiple, non-hierarchically ordered sites of political and judicial authority affects the constitutional quality 2 of the global order depends on a) whether and when overlaps or norm collisions lead to actual conflicts between actors, and b) whether and how such conflicts are managed.…”

Section: Introductionmentioning

confidence: 96%

After fragmentation: Norm collisions, interface conflicts, and conflict management

Kreuder-Sonnen

Zürn

2020

Glob. Con.

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Fragmentation, institutional overlaps, and norm collisions are often seen as fundamental problems for the global (legal) order. Supposedly, they incite conflict and disorder. However, some scholars have also emphasised functional and normative advantages of the resulting institutional pluralism. We argue that the consequences of the increasing international institutional density are conditional on whether and how different norms, institutions, and authorities are coordinated. In distinction from the fragmentation framework in international law and the regime complexity framework in international relations, this introduction outlines an interface conflict framework that enables important insights into this question and guides the contributions assembled in this issue. It zooms in on the micro-level of conflict between actors that justify incompatible positional differences with reference to different international norms. In particular, the concept of interface conflicts allows studying the conditions under which overlaps and norm collisions become activated in conflicts as well as the ways in which such conflicts are handled. Foreshadowing the main findings of the contributions to this Special Issue, we hold that interface conflicts are neither inevitable nor unmanageable. Most importantly, it seems that, more often than not, conflicts stimulate cooperative forms of management and contribute to the building of inter-institutional order.

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The Refinement of International Law: From Fragmentation to Regime Interaction and Politicization

Cited by 14 publications

References 18 publications

Order at the margins: The legal construction of interface conflicts over time

Order at the margins: The legal construction of interface conflicts over time

Professional Practice in International Climate Change Law

After fragmentation: Norm collisions, interface conflicts, and conflict management

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