Regime Interaction in International Law : Facing Fragmentation
This major extension of existing scholarship on the fragmentation of international law utilises the concept of 'regimes' from international law and international relations literature to define functional areas such as human rights or trade law. Responding to existing approaches, which focus on the resolution of conflicting norms between regimes, it contains a variety of critical, sociological and doctrinal perspectives on regime interaction. Leading international law scholars and practitioners reflect on how, in situations of diversity and concurrent activity, such interaction shapes and controls knowledge and norms in often hegemonic ways. The contributors draw on topical examples of interacting regimes, including climate, trade and investment regimes, to argue for new methods of regime interaction. Together, the essays combine approaches from international, transnational and comparative constitutional law to provide important insights into an issue that continues to challenge international legal theory and practice.
- Electronic book text | 352 pages
- 06 Feb 2012
- CAMBRIDGE UNIVERSITY PRESS
- Cambridge University Press (Virtual Publishing)
- Cambridge, United Kingdom
- 1 table
Table of contents
Introduction: the productive friction between regimes Margaret Young; Part I. Contexts: 1. Two kinds of legal pluralism: collision of transnational regimes in the double fragmentation of world society Gunther Teubner and Peter Korth; 2. International regimes and domestic arrangements: a view from inside out Cheryl Saunders; 3. Regime interaction in creating, implementing and enforcing international law Margaret Young; Part II. Communities: 4. Legal regimes and professional knowledges: the internal politics of regime definition Andrew Lang; 5. A new approach to regime interaction Jeffrey Dunoff; 6. Structural ambiguity: technology transfer in three regimes Stephen Humphreys; Part III. Control: 7. Norm interpretation across international regimes: competences and legitimacy Nele Matz-Luck; 8. Relations between international courts and tribunals: the 'regime problem' James Crawford and Penelope Nevill; 9. Importing other international regimes into World Trade Organisation litigation James Flett; 10. Hegemonic regimes Martti Koskenniemi.
'Regime Interaction in International Law provides substantial food for thought on emerging practical and conceptual issues in the inter-relationship between multilateral actors. Well-thumbed copies ... should reside on the shelves of any serious scholar concerned with the present and future development of the international system and the ongoing evolution of the fragmentation debate.' Richard Caddell, Transnational Environmental Law
About Margaret A. Young
Dr Margaret Young is an Associate Professor at Melbourne Law School, University of Melbourne, Australia. She was the inaugural Research Fellow in Public International Law at Pembroke College and the Lauterpacht Centre for International Law, University of Cambridge, from 2006 to 2008.