Eirik Bjorge

A farewell to fragmentation : reassertion and convergence in international law

1. From fragmentation to convergence Mads Andenas and Eirik Bjorge Part I. Reassertion and Convergence: Proliferation of Courts and the Centre of International Law Section 1. At the Centre: The International Court: 2. Unity and diversity in international law Christopher Greenwood 3. A century of international justice and prospects for the future Antonio Augusto Cancado Trindade 4. The International Court of Justice and human rights treaty bodies Nigel Rodley 5. The ICJ and the challenges of human rights law Vera Gowlland-Debbas 6. Factors influencing fragmentation and convergence in international courts Philippa Webb Section 2. Regimes of International Law: 7. Fragmentation or partnership? The reception of ICJ case-law by the European Court of Human Rights Dean Spielmann 8. Factors influencing the reception of international law in the case law of the European Court of Human Rights Magdalena Forowicz 9. The influence of the ICJ on the modern doctrine of provisional measures before international courts and tribunals: a uniform approach Cameron Miles 10. Just another case of treaty interpretation? Reconciling humanitarian and human rights law in the ICJ Lawrence Hill-Cawthorne 11. The European Unions participation in international economic institutions: a mutually beneficial reassertion of the centre Emanuel Castellarin 12. Reinforcing the ICJs central international role - domestic courts treatment of ICJ decisions and opinions Veronika Fikfak Part II. A Farewell to Fragmentation and the Sources of International Law Section 1. Custom Jus Cogens: 13. The International Court of Justice and the international customary law game of cards Lorenzo Gradoni 14. State practice, treaty practice and state immunity Alexander Orakhelashvili 15. Historical sketches of custom in international law Jean-Louis Halperin Section 2. Treaty Interpretation: 16. Is there a subject-matter ontology in interpretation of international legal norms? Robert Kolb 17. Halfway between fragmentation and convergence: the role of the rules of the organization in the interpretation of constituent treaties Paolo Palchetti 18. The convergence of the methods of treaty interpretation Eirik Bjorge 19. The centre reasserting itself Mads Andenas.

Historical sketches about custom in international law

Fragmentation has been much discussed as a threat to international law as a legal system. This book contends that the fragmentation of international law is far exceeded by its convergence, as international bodies find ways to account for each other and the interactions of emerging sub-fields. Reasserting its role as the principal judicial organ of the United Nations, the International Court of Justice has ensured that the centre of international law can and does hold. This process has strengthened a trend towards the reunification of international law. In order to explore this process, this book looks at fragmentation and convergence from the point of view of the centre of the International Court and of the position of other courts and tribunals. Featuring contributions by leading international lawyers from a range of backgrounds, this volume proposes both a new take and the last word on the fragmentation debate in international law―

Giudici nazionali e interpretazione evolutiva della Convenzione europea dei diritti umani. La prospettiva inglese, francese e tedesca

One of the hallmarks of the European Convention on Human Rights is its so-called dynamic evolution. Equally exemplary of the Convention system, however, is the duty of member states to make sure their internal law stays abreast of the dynamic standards of the Convention. This in recent years has engendered the question of whether national supreme courts, too, ought to interpret the Convention standards dynamically, or whether this task is the preserve of the European Court of Human Rights. Should na-tional courts, in other words, play an active role in the development of the Convention, or must they defer this development to the Court? Looking at national supreme courts in the UK, France, and Germany, this study looks at this both normatively, by way of looking at the external exigencies of the Strasbourg jurisprudence, and descriptively, by way of looking at what the national courts have in fact done. The three national supreme courts studied here have approached this in various ways. The Supreme Court UK, and its forebear the House of Lords, has interpreted Convention rights in a way very much akin to dynamic interpretation in cases in which the Strasbourg Court has signalled that the national margin of appreciation is engaged. French courts have engaged in nothing short of full-fledged dynamic interpretation, taking stock of European development and then arriving at an interpretation which goes beyond Strasbourg. The contribution of German courts have been the very strong interpretation they have given of national rights, all the while taking their cues from the development of the Convention rights, thereby arguably influencing the latter.