Beyond Fragmentation: Cross-Fertilization, Cooperation and Competition among International Courts and Tribunals

by Chiara Giorgetti (Editor), Mark Pollack (Editor)

Overview

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.

Product Details

ISBN-13:	9781009100496
Publisher:	Cambridge University Press
Publication date:	05/12/2022
Series:	Studies on International Courts and Tribunals
Pages:	256
Product dimensions:	6.18(w) x 9.25(h) x 0.75(d)

About the Author

Chiara Giorgetti is Professor of Law at Richmond Law School. Prior to joining academia fulltime, she was a clerk at the International Court of Justice and acted as counsel in numerous international arbitrations in law firms in Geneva and Washington DC. In her practice, she has represented States and private actors. She also served with the United Nations in New York and Nairobi, Kenya.

Mark Pollack is Professor of Political Science and Law and Jean Monnet Chair at Temple University, in Philadelphia, having previously taught at the University of Wisconsin-Madison and the European University Institute. He has published widely on the politics of international law and international institutions, international courts, and the European Union.

Table of Contents

1. Beyond fragmentation: cross-fertilization, cooperation and competition among international courts and tribunals Chiara Giorgetti and Mark Pollack; 2. The procedural cross fertilization pull Hélène Ruiz Fabri and Joshua Paine; 3. Procedural convergence in international courts and tribunals John Crook; 4. New media evidence across international courts and tribunals Rebecca Hamilton; 5. The acquis judiciaire, a new formula for cohesion of law in a decentralized litigation system? – A case study in the law of the sea Alina Miron; 6. Why cite external legal sources? Theory and evidence from the European court of human rights Erik Voeten; 7. Of gardeners and bees: Theorizing the actors of cross-fertilization Chiara Giorgetti and Mark Pollack; 8. The PCA as an epicentre of cross-fertilization Fedelma Smith; 9. Abusive forum shopping or strategic forum choice? Freya Baetens.