The Enhancement of International Law: Shifting from Fragmentation to Regime Interaction and Politicization

Authors: Maryam Nimehforushan

Abstract:

The recent stance of international courts and tribunals embodies the ‘spirit of systemic harmonization,’ as articulated by the European Court of Human Rights Grand Chamber in Al-Dulimi. Fifteen years have passed since Gilbert Guillaume, former President of the International Court of Justice, delivered his ‘proliferation’ speech to the UN General Assembly, and ten years since the International Law Commission released its ‘fragmentation’ report, making it time to put the f-word to rest. In line with this, this article focuses on the beneficial impact of the innovative methods that courts, tribunals, and other entities have created to align the different subfields of international law. If these are coupled with an appropriate politicization of international law and governance, they can enhance both the efficacy and the legitimacy of international law. Interestingly, the current ‘harmonization’ and ‘integration’ in international law might also be viewed as a type of procedural constitutionalization.

Keywords: international, law, politic, regime