Beyond fragmentation : cross-fertilization, cooperation and competition among international courts and tribunals / edited by Chiara Giorgetti, University of Richmond, Mark Pollack, Temple University.

Format:

Book

Contributor:

Giorgetti, Chiara, editor.

Pollack, Mark A., 1966- editor.

Series:

Studies on international courts and tribunals.

Studies on international courts and tribunals

Language:

English

Subjects (All):

International courts--Congresses.

International courts.

Physical Description:

1 online resource (xiv, 279 pages) : digital, PDF file(s).

Place of Publication:

Cambridge, United Kingdom ; New York, NY : Cambridge University Press, 2022.

Summary:

Beyond Fragmentation assembles a unique team of expert practitioners and leading scholars to explore and advance the study of cross-fertilization among international courts and tribunals. Using an inter-disciplinary and multi-method approach, contributors analyse how international courts and tribunals interact and why it matters in practice. After a thorough review of prior assessments of cross-fertilization and fragmentation, the editors offer a new take on competition and cooperation across courts and tribunals, exploring both substantive and procedural elements as well as the diverse agents of cross fertilization. Contributors engage with procedural issues, identifying a "procedural cross-fertilization pull" and why and how procedure is converging in international courts and tribunals. Case studies on the convergence in the law of the sea and at the European Court of Human Rights provide contrasting experiences of substantive cross-fertilization. The volume also identifies a variety of agents of cross-fertilization, including judges, litigants, counsel, and international organizations.

Contents:

Beyond fragmentation : cross-fertilization, cooperation, and competition among international courts and tribunals / Chiara Giorgetti and Mark Pollack

The procedural cross-fertilization pull / Helene Ruiz Fabri and Joshua Paine

Procedural convergence in international courts and tribunals / John R. Crook

New media evidence across international courts and tribunals / Rebecca Hamilton

The acquis judiciaire, a tool for harmonization in a decentralized system of litigation? A case study in the law of the sea / Alina Miron

Why cite external legal sources? Theory and evidence from the European court of human rights / Erik Voeten

Of gardeners and bees : theorizing the actors of cross-fertilization / Chiara Giorgetti and Mark Pollac

The PCA as an epicentre of cross-fertilization / Fedelma C. Smith

Agents of cross-fertilization : abusive forum shopping or legitimate forum choice? / Freya Baetens.

Notes:

Title from publisher's bibliographic system (viewed on 07 Apr 2022).

Includes bibliographical references and index.

ISBN:

1-009-12133-2

1-009-12221-5

1-009-11800-5