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Fragmentation, Harlan G. Cohen
Fragmentation, Harlan G. Cohen
Scholarly Works
A danger, an opportunity, passé, a cliché, destabilizing, empowering, destructive, creative: Depending on whom you ask, fragmentation has meant any and all of these for international law. The concept of fragmentation has been a mirror reflecting international lawyers’ perception of themselves, their field, and its prospects for the future.
This chapter chronicles fragmentation’s meanings over the past few decades. In particular, it focuses on the spreading fears of fragmentation around the millennium, how the fears were eventually repurposed, where, speculatively, those fear may have gone, and how and to what extent faith in international law was restored.
International Common Law: The Soft Law Of International Tribunals, Timothy L. Meyer, Andrew T. Guzman
International Common Law: The Soft Law Of International Tribunals, Timothy L. Meyer, Andrew T. Guzman
Scholarly Works
Rising legalization in the international community has lead to greater use of international tribunals and soft law. This paper explores the intersection of these instruments. The decision of an international tribunal interprets binding legal obligations but is not itself legally binding except, in some instances, as between the parties. The broader, and often more important function of a tribunal's decision - its influence on state behavior beyond the particular case and its impact on perceptions regarding legal obligations - is best characterized as a form of soft law.
Despite its inability to bind states, a tribunal can influence state behavior …