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- Title
KEEP CALM AND CARRY ON: MARTTI KOSKENNIEMI AND THE FRAGMENTATION OF INTERNATIONAL LAW.
- Authors
Broude, Tomer
- Abstract
As fragmentation in international law and institutions increases unabated, the associated theoretical debate has virtually gone silent. Koskenniemi's contributions to the fragmentation debate, primarily the 2006 International Law Commission (ILC) Study Group Report and several academic articles, played a central role in this "normalization of fragmentation." They demonstrated that fragmentation is politically inevitable and legally manageable through formal rules of interpretation. Adopting an analogy between states and functional regimes, Koskenniemi views fragmentation through the same lenses he applies to international law more generally, by acknowledging and identifying its political undercurrents, while advocating an applied ethics of formalism. Although, generally, one might "keep calm and carry on" in the face of fragmentation, Koskenniemi nevertheless flags one concern--fragmentation's propensity to promote anti-formalist managerialism in international affairs.
- Subjects
KOSKENNIEMI, Martti; INTERNATIONAL law; UNITED Nations. International Law Commission; INTERNATIONAL relations; WORLD Trade Organization; WORLD Health Organization
- Publication
Temple International & Comparative Law Journal, 2013, Vol 27, Issue 2, p279
- ISSN
0889-1915
- Publication type
Article