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Vol 22 No 10 Oct/Nov 2017

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Fragmentation vs. the Constitutionalisation of International Law: A Practical Inquiry

Edited by: Andrzej Jakubowski, Karolina Wierczynska

ISBN13: 9781138119727
Published: June 2016
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £110.00
Paperback edition not yet published, ISBN13 9780815355298



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The current system of international law is experiencing profound transformations. Indeed, the simultaneous processes of globalization combined with the disintegration of international systems of governance and law-making pose complex challenges for legal scholarship. The doctrinal response to these challenges has been theorized within two seemingly contradictory discourses in international law: fragmentation and constitutionalisation.

This book takes an innovative approach to international law, viewing the processes of the fragmentation and constitutionalisation as being profoundly interconnected and reflective of each other. This volume brings together a select group of contributors, including both established and emerging scholars and practitioners in order to explore the ways in which the problems of fragmentation and constitutionalisation are viscerally linked one to the other and thus mutually conditioning and stimulating.

The book considers the theory and practice of international law looking at the two phenomena in relation to the various fields of international law such as international criminal law, cultural heritage law and international environmental law.

Subjects:
Constitutional and Administrative Law, Public International Law
Contents:
1. Introduction, Andrzej Jakubowski and Karolina Wierczynska

Part 1: Between the Unity and Constitutionalisation
2. Constitutionalisation: A New Philosophy of International Law?, Jerzy Zajadlo and Tomasz Widlak
3. Justifying 'Fragmentation' and Constitutional Reforms of International Law in Terms of Justice, Human Rights and 'Cosmopolitan Constitutionalism', Ernst-Ulrich Petersmann
4. International Constitutionalism, Language in Legal Discourse, and the Functions of International Law Scholarship, Roman Kwiecien

Part 2: International Law and Justice
5. The Revival of Sovereignty via the Complementarity Regime and the 'Doctrinal' Idea of the Responsibility to Protect?,Maria Varaki
6. The Rome Statute - The Debate around the Constitutionalization, Fragmentation and Pluralisation of International Criminal Law, Karolina Wierczynska
7. Fragmentation of the Law of Targeting - Comfortable Excuse or Dangerous Trap, Patrycja Grzebyk (University of Warsaw)

Part 3: Constitutionalisation and Regional Perspectives.
8. The Paradoxes of Fragmentation - Does Regional Constitutionalisation Constitute a Fragmentation Threat to the International Legal Order?, Francois Finck
9. The Conundrum of Regional Associations for Global Constitutionalism and International Law, Dabiru Sridhar Patnaik
10. Access to Environmental Justice for NGOs: Interplay Between the Aarhus Convention, the EU Lisbon Treaty and the European Convention on Human Rights, Marjolein Schaap

Part 4: Practices of Constitutionalisation and Fragmentation
10. Constitutionalisation through Fragmented Adjudication, Monika Ambrus
11. Custom as a Matrix and Custom as a Norm: The Role of the Interpreter in Custom-Law Making and its Fragmentation, Vassilis Tzevelekos and Lucas Lixinski
12. Introducing the 'Reconciliatory Approach' -An Interpretative Response to Harmonize International Environmental Law with other Specialised Areas of International Law, Britta Sjostedt
13. Facets and Dilemmas of a Constitutionalised Legal Order - Exploring the Role of the World Heritage Convention (1972), Andrzej Jakubowski
14. From Fragmentation to Coherence: a Constitutional Construction of the Legal Relationship between the WTO and the WHO, Chien-Huei WU
15. International Constitutionalisation of Protection of Privacy in the Internet - the Google case example, Krystyna Kowalik Banczyk
16. The Climate and Clean Air Coalition (CCAC): Increasing Integration in the International Legal Order by Boosting Actions for the Mitigation of SLCPs, Birgit Lode

Series: Routledge Research in International Law

International Law and the Rights of those Displaced by Armed Conflict ISBN 9781138643338
To be published April 2018
Routledge
£105.00
China, Cultural Heritage, and International Law ISBN 9781138093249
To be published December 2017
Routledge
£115.00
Human Security Discourse and International Law ISBN 9781138243910
To be published December 2017
Routledge
£105.00
The UN Security Council and Domestic Actors: Distance in international law ISBN 9781138858589
To be published December 2017
Routledge
£105.00
Fighting and Victimhood in International Criminal Law (eBook) ISBN 9781317210542
Published October 2017
Routledge
£29.99 + £6.00 VAT
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Fighting and Victimhood in International Criminal Law ISBN 9781138669062
Published October 2017
Routledge
£115.00
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£105.00
£105.00
£29.16 + £5.83 VAT
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A Framework for the Rule of Law at the UN Security Council ISBN 9781138220249
Published March 2017
Routledge
£90.00
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International Law and Boundary Disputes in Africa ISBN 9781138713093
Published December 2016
Routledge
£37.99
The International Criminal Court in Search of its Purpose and Identity ISBN 9781138280588
Published November 2016
Routledge
£37.99
Incitement in International Law ISBN 9781138202009
Published June 2016
Routledge
£32.99
Legal Accountability and Britain's Wars 2000-2015 ISBN 9781138846241
Published May 2016
Routledge
£110.00
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Resisting United Nations Security Council Resolutions ISBN 9781138670518
Published March 2016
Routledge
£32.99
The United Nations and Collective Security ISBN 9781138665521
Published March 2016
Routledge
£32.99
Justice for Victims before the International Criminal Court ISBN 9781138647404
Published January 2016
Routledge
£32.99
Reciprocity in International Law: Its Impact and Function ISBN 9781138119765
Published December 2015
Routledge
£110.00
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£110.00
International Law-making: Essays in Honour of Jan Klabbers ISBN 9781138937611
Published August 2015
Routledge
£32.99
The Changing Role of Nationality in International Law ISBN 9781138843370
Published August 2015
Routledge
£32.99
International Law and Boundary Disputes in Africa ISBN 9780415838924
Published July 2015
Routledge
£110.00
International Law and Boundary Disputes in Africa (eBook) ISBN 9781135039547
Published July 2015
Routledge
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The International Criminal Court in Search of its Purpose and Identity ISBN 9780415747776
Published December 2014
Routledge
£110.00
The International Criminal Court in Search of its Purpose and Identity (eBook) ISBN 9781317703082
Published December 2014
Routledge
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The Cuban Embargo Under International Law: El Bloqueo (eBook) ISBN 9781134451241
Published October 2014
Routledge
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The Cuban Embargo Under International Law: El Bloqueo ISBN 9780415668170
Published October 2014
Routledge
£110.00
Threats of Force: International Law and Strategy ISBN 9781138843394
Published September 2014
Routledge
£37.99
Incitement in International Law (eBook) ISBN 9781317669661
Published August 2014
Routledge
£33.32 + £6.66 VAT
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Incitement in International Law ISBN 9781138020801
Published August 2014
Routledge
£110.00
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Justice for Victims before the International Criminal Court ISBN 9780415722391
Published July 2014
Routledge
£110.00
Resisting United Nations Security Council Resolutions ISBN 9780415710435
Published April 2014
Routledge
£110.00
Resisting United Nations Security Council Resolutions (eBook) ISBN 9781317964278
Published April 2014
Routledge
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The United Nations and Collective Security ISBN 9780415505895
Published January 2014
Routledge
£110.00
The United Nations and Collective Security (eBook) ISBN 9781136028243
Published January 2014
Routledge
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UNHCR and International Refugee Law: From Treaties to Innovation ISBN 9781138016873
Published January 2014
Routledge
£26.95
International Law-making: Essays in Honour of Jan Klabbers ISBN 9780415659567
Published December 2013
Routledge
£110.00
International Law-making: Essays in Honour of Jan Klabbers (eBook) ISBN 9781135116057
Published December 2013
Routledge
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Criminal Responsibility for the Crime of Aggression ISBN 9780415856782
Published September 2013
Routledge
£110.00
Criminal Responsibility for the Crime of Aggression (eBook) ISBN 9781136001208
Published September 2013
Routledge
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The Changing Role of Nationality in International Law (eBook) ISBN 9781136752193
Published March 2013
Routledge
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The Changing Role of Nationality in International Law ISBN 9780415535458
Published March 2013
Routledge
£110.00
Threats of Force: International Law and Strategy ISBN 9780415609852
Published November 2012
Routledge
£110.00
Threats of Force: International Law and Strategy (eBook) ISBN 9781135132033
Published November 2012
Routledge
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The Law on the Use of Force: A Feminist Analysis (eBook) ISBN 9781136628009
Published September 2011
Routledge
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The Law on the Use of Force: A Feminist Analysis ISBN 9780415492874
Published September 2011
Routledge
£110.00
Self Determination in the Post 9/11 Era (eBook) ISBN 9781136735844
Published May 2011
Routledge
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Self Determination in the Post 9/11 Era ISBN 9780415550048
Published May 2011
Routledge
£110.00
International Economic Actors and Human Rights ISBN 9780415486705
Published September 2009
Routledge
£110.00
International Economic Actors and Human Rights (eBook) ISBN 9781135245221
Published September 2009
Routledge
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