Beyond Fragmentation: Cross-Fertilization, Cooperation and Competition among International Courts and Tribunals

doi:10.1017/9781009118002

Beyond Fragmentation assembles a unique team of expert practitioners and leading scholars to explore and advance the study of cross-fertilization among international courts and tribunals. Using an inter-disciplinary and multi-method approach, contributors analyse how international courts and tribunals interact and why it matters in practice. After a thorough review of prior assessments of cross-fertilization and fragmentation, the editors offer a new take on competition and cooperation across courts and tribunals, exploring both substantive and procedural elements as well as the diverse agents of cross fertilization. Contributors engage with procedural issues, identifying a “procedural cross-fertilization pull” and why and how procedure is converging in international courts and tribunals. Case studies on the convergence in the law of the sea and at the European Court of Human Rights provide contrasting experiences of substantive cross-fertilization. The volume also identifies a variety of agents of cross-fertilization, including judges, litigants, counsel, and international organizations.

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Contents

Beyond Fragmentation
pp i-i
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Studies on International Courts and Tribunals - Series page
pp ii-ii
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Beyond Fragmentation - Title page
pp iii-iii
Cross-Fertilization, Cooperation and Competition among International Courts and Tribunals
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Copyright page
pp iv-iv
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Dedication
pp v-vi
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Contents
pp vii-viii
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Contributors
pp ix-x
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Foreword
pp xi-xii
- By Giorgetti Chiara, Pollack Mark
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Preface
pp xiii-xiv
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1 - Beyond Fragmentation
pp 1-38
Cross-Fertilization, Cooperation, and Competition among International Courts and Tribunals
- By Chiara Giorgetti, Mark Pollack
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2 - The Procedural Cross-Fertilization Pull
pp 39-86
- By Helene Ruiz Fabri, Joshua Paine
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3 - Procedural Convergence in International Courts and Tribunals
pp 87-112
- By John R. Crook
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4 - New Media Evidence across International Courts and Tribunals
pp 113-127
- By Rebecca J. Hamilton
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5 - The Acquis Judiciaire, a Tool for Harmonization in a Decentralized System of Litigation?
pp 128-161
A Case Study in the Law of the Sea
- By Alina Miron
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6 - Why Cite External Legal Sources?
pp 162-181
Theory and Evidence from the European Court of Human Rights
- By Erik Voeten
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7 - Of Gardeners and Bees
pp 182-217
Theorizing the Actors of Cross-Fertilization
- By Chiara Giorgetti, Mark Pollack
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8 - A View from the Coal Face
pp 218-241
The Authors of Cross-Fertilization from the Perspective of the Permanent Court of Arbitration
- By Fedelma C. Smith
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9 - Agents of Cross-Fertilization
pp 242-274
Abusive Forum Shopping or Legitimate Forum Choice?
- By Freya Baetens
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Index
pp 275-280
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Beyond Fragmentation

Cross-Fertilization, Cooperation and Competition among International Courts and Tribunals

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Contents

Beyond Fragmentation
pp i-i

Studies on International Courts and Tribunals - Series page
pp ii-ii

Beyond Fragmentation - Title page
pp iii-iii

Copyright page
pp iv-iv

Dedication
pp v-vi

Contents
pp vii-viii

Contributors
pp ix-x

Foreword
pp xi-xii

Preface
pp xiii-xiv

1 - Beyond Fragmentation
pp 1-38

2 - The Procedural Cross-Fertilization Pull
pp 39-86

3 - Procedural Convergence in International Courts and Tribunals
pp 87-112

4 - New Media Evidence across International Courts and Tribunals
pp 113-127

5 - The Acquis Judiciaire, a Tool for Harmonization in a Decentralized System of Litigation?
pp 128-161

6 - Why Cite External Legal Sources?
pp 162-181

7 - Of Gardeners and Bees
pp 182-217

8 - A View from the Coal Face
pp 218-241

9 - Agents of Cross-Fertilization
pp 242-274

Index
pp 275-280

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Beyond Fragmentation

Cross-Fertilization, Cooperation and Competition among International Courts and Tribunals

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