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Paper Information

Journal:   LAW & POLITICS RESEARCH JOURNAL   SUMMER 2010 , Volume 12 , Number 29; Page(s) 115 To 160.
 
Paper: 

FRAGMENTATION OF INTERNATIONAL JUDICIAL SYSTEM

 
 
Author(s):  SHAHBAZI ARAMESH*
 
* ALLAME TABATABAEI UNIVERSTIY
 
Abstract: 

There has been increasing concern in the international law profession about the fragmentation of international law. Although the international legal system has always developed in a fragmented way, the expansion of international law in new areas has created problems of coherence between its different branches, institutions and norm-systems. Normative conflicts and tensions between specialized regimes have emerged between general international law and its specialized branches (trade law, criminal law, human rights law, environmental law etc.). In this article we will analysis the fragmentation of international judicial system and the ways of resolving the possible contradictions. To do so, we will first consider the possibility of a uniform international judicial system and then a fragmented (pluralistic) judicial system.

 
Keyword(s): FRAGMENTATION, UNITY, INTERNATIONAL JUDICIAL SYSTEM, INTERNATIONAL COURT OF JUSTICE, THE CHARTER OF THE UNITED NATIONS
 
References: 
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