Who is Afraid of Legal Fragmentation? Constitutional Poliarchy and the Role of an International Human Rights Judiciary

In this seminar Claudio Corradetti will contribute to the debate on the fragmentation of international Law and further his ideas on cosmopolitanism through courts.

We know today that international courts and particularly international human rights judiciaries are but one of the many actors of what A.M. Slaughter has called “a disaggregated world order”. The "disaggregated world order is composed by a plethora of horizontal and vertical networks performing different functions in terms of being regulatory, legislative and judicial bodies. Also Teubner’s thesis on legal fragmentation refers to this situation.

Corradetti's goal in this paper is to reconstruct the debate on the fragmentation of international law and to propose how systemic effects can be detected on the base of the adjudication of international courts. Along these sections Corradetti will proceed and further the idea of cosmopolitanism through courts. The argument is that legal subsystems (i.e. criminal law, trade law, EU law) do indeed show internal instances of cross-fertilization and systemic integration on the bases of transjudicial engagement and dialogue.

These processes occur at different levels and with different impacts and effects on actual transnational systems. They span from judicial citation, which remains unpredictable and based on the good will of the judges, to the more demanding requests between systems, as in the case of judicial reviews by the ECtHR or national courts. All these cases show that after an initial phase of regimes’ self-founding process, international law undergoes currently a process of welding along poliarchic networks revolving around international courts.

 

The MultiRights seminars are organised by the MultiRights project on the multi-level human rights judiciary. They provide a forum for discussions for researchers from various backgrounds, including law, philosophy and political science. The seminars take place on a regular basis on Tuesdays and are open for all.

Tags: Human Rights
Published Nov. 4, 2014 9:35 AM - Last modified Apr. 18, 2016 1:36 PM