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Max Planck Encyclopedia of International Procedural Law [MPEiPro]

De-Fragmentation Techniques

Luca Pasquet

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 28 February 2020

Comity — Applicable law — International courts and tribunals, procedure — Res judicata — Judicial cooperation

Published under the direction of Hélène Ruiz Fabri, with the support of the Department of International Law and Dispute Resolution, under the auspices of the Max Planck Institute Luxembourg for Procedural Law.

1 Starting from the late 1990s, a doctrinal debate developed around the notion of fragmentation of international law, which concerned the increased diversity and complexity of the international legal system, especially from the point of view of the proliferation of international courts and tribunals and the establishment of functionally specialized rule-systems (see Abi-Saab, 1999, 919–93). The word fragmentation was used to generally designate the most disharmonious and disintegrating effects of the diversity of international law. In this context, the expression...
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