Une analyse critique du débat sur la fragmentation du droit international

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http://urn.fi/URN:ISBN:978-952-10-9946-5
Title: Une analyse critique du débat sur la fragmentation du droit international
Author: Martineau, Anne-Charlotte
Contributor: University of Helsinki, Faculty of Law
Erik Castren Institute
Publisher: Hakapaino Oy
Date: 2014-05-16
URI: http://urn.fi/URN:ISBN:978-952-10-9946-5
http://hdl.handle.net/10138/45076
Thesis level: Doctoral dissertation (monograph)
Abstract: Over the past decade, the "fragmentation" of international law has certainly been one of the most widely debated themes in the field. Both practitioners and scholars have tried to assess the significance of international law's splitting up into specialized regimes such as trade law, environmental law, human rights law, humanitarian law, etc. What has this meant for international law's "unity" or "coherence"? The creation of specialised rules and institutions has certainly made international law appear more technical, less dependent on large and perhaps utopian ideas about world peace, than old "public international law" used to be. How has this affected the professional identity of international lawyers? Fragmentation has also been the subject of numerous academic studies. Unlike most of those works, this thesis does not enter the debate, by assessing the pros and cons of fragmentation and then by seeking to suggest technical solutions to deal with its problems. Instead, it tries to assess the nature and significance of the debate: what does the debate, including the proposed solutions, tell us about international law today? The thesis attempts to make sense of the repetitious character of the debate, the way in which the positions are both well-known and conducive to familiar, yet always only partly satisfactory, solutions.
Subject: law
Rights: This publication is copyrighted. You may download, display and print it for Your own personal use. Commercial use is prohibited.


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