INTERNATIONAL LAW AND INSTITUTIONS

INTERNATIONAL LAW AND INSTITUTIONS  The refinement of international law: From fragmentation to regime interaction and politicization’ INTRODUCTION In general, it may assume that the consolidation of the "fragmentation of international law" is known through the expansion of institutions, regulations and contradictions between these regimes as well as the international system and the institutions. Hence, it is popular to speak, on the one hand, of "institutional fragmentation" for example the multiplication of organizations and, on the other, of "substantial fragmentation.“ This presentation will cover (a) The identification and critical assessment of two specific dangers posed by the fragmentation of International Law. (b) Peters discusses a number of advantages or opportunities provided by fragmentation. Critical assessment of two advantages (c) Based on the assessment in (a) and (b) provide an overall assessment of the impact of fragmentation on international law will be presented by the analysis of the paper Anne Peters, “The Refinement of International Law: From Fragmentation to Regime Interaction and Politicization” [2016] SSRN Electronic Journal. 2 SPECIFIC DANGERS POSED BY THE FRAGMENTATION OF INTERNATIONAL LAW. In view of the theorization of the law as a law with particular contextual constraints, international law presents itself as questioning to a certain degree the normative definitions on which the exercise of theorization is classically founded. This Law has a logic of creation somewhat different from that of the law of the States, suffering from a sort of ascending cognitive particularization, since it is described not as a unit, but rather as an array of unique and self-supporting legal systems 1. Unity and consistency then are two characteristics based on civil order in connection with entry. 1. Robert S Fortner and Mark Fackler, The Handbook of Global Communication and Media Ethics (Wiley-Blackwell 2011). 3 Unity and coherence are then two virtues based on legal instructions concerning the entering of a rule within the normative institution and statute and on harmonious cooperation, in light of the order and univocal implementation of the assumptions that take place in fact, between legal provisions included in such a body. Both characteristics tend to be subject to international law. In the last few decades, there has been a genuine rise, particularly a jurisdiction. It is incontrovertible that foreign trade law gained a totally different dimension from the 1995 introduction of the WTO.  FRAGMENTATION CAN LEAD TO CONFLICTS AND LEGAL OBLIGATIONS INCOMPATIBILITY Acknowledging that world constitutionalism begins from the diversity of concepts, from the creation of formal and closed projects for the world of a single political constitution to the identification of the constitutions of a juridical regime to which the international law is divided, the conceptual outline is sought, which could be a good one. The absence of only an international accolade by an authority or the lack of a hierarchy among established judicial institutions also prevents the peaceful and consistent settlement of conflicts between international law subjects. The first category applies to the substantive collision of international standards, that is, where the material substance of the provisions of that right is incompatible, in trying to extend this right to an assumption of fact that is to be dealt with or on which a particular action is expected by an international subject or an actor antinomies arising from the breakdown of the lathe solutions for substantial antinomies are mainly dependent on the filter. Source: Amendment/Modification/Revision of Treaties” [2020] Treaties in Motion 182. 7 A second form of antinomy caused in the fragmentation of international law is focused on the accumulation of adjudication instances, in addition to the multiplication of subjects with active and passive judicial legitimacy, in the enforcement of international norms. Each law regime will, as is customary, be authorized to apply its own significant Law since, as a provincial multiplication, the international conflict resolution system does not have a common prevalence organization, there is no organized assignment between instances or hierarchy. Two basic conclusions may be founded on this kind of moral conflict1. This class of normative disputes can be built upon two basic hypotheses: first, the nature of multiple decision-making bodies over the same dispute, relying on empirical assumptions and the inclusion of parallel procedures. The second, successive experience, by judges or different officials, in the same case, does not determine in accordance with this. 1. Robert S Fortner and Mark Fackler, The Handbook of Global Communication and Media Ethics (Wiley-Blackwell 2011). 8 ADVANTAGES OR OPPORTUNITIES PROVIDED BY FRAGMENTATION. In the advent of major normative and adjudication disputes, the repercussions of the legal atomization described above are reflected in the stability and coherence of the international law1. Now, the problematically fragmented connotation seems to contain one of the reasons for the broad theoretical impulse that is now being created in experimental constitutional study and that seeks, inter alia, the application in principle of certain categories of systematization, typical of domestic legislation, international law, such as: the regulatory system 1. Robert S Fortner and Mark Fackler, The Handbook of Global Communication and Media Ethics (Wiley-Blackwell 2011). 9 The division of powers and the establishment of mutual controls between them or the inclusion of legal primacy in some human rights, particularly civil and political rights. Via a certain interpretation of international standards of law and the relationships of power among the objects and actors of this law, global constitutionalism thereby, as a concept, validates the application The issue of unity and the coherence of international law was thus a paragon of constitutionalizing of the international community to the legal interpretation of global constitutionalism. In this way, legal fragmentation is one of the numerous reasons that international law establishes constitutionalism. On of Constitutionalism to international legal affairs. HIERARCHY OF INTERNATIONAL LAW The value of the concept of international law hierarchy is highlighted. This promotes the settlement of legal disputes based on the differential positioning of the laws in the case of a collision between them as an exclusion criterion. The new label, Problems arising from international law diversification and expansion, reflects much better the notion that globalization also has good effects and that risks are not too much emphasis is correct because, though they do exist, it is fair also to underline the possibilities that the trend has in the light of the creativity of new ways of the situation 1. 1. Van Den and Carsten Stahn, The Diversification and Fragmentation of International Criminal Law (Martinus Nijhoff Publishers 2012). 11 The motto of "Fragmentation" is a collection of appeals for attention to be paid to the challenges to consistency and integrity of the international legal order. The Hague judges' statements and the original represent this in a less alarmist tone. Interesting and often challenging is the identification of these threats. Not only is polarization understood as an epiphenomenon of globalization because of the increasingly complex existence of international issues it is also because some people see chances rather than threats.  FIRST BENEFIT Importantly, the establishment of contrasting treaties makes it possible for diverse political preferences to express themselves at international level (from political opposition within states but also transnational interest groups). Indeed, certain treaties were deliberately conceived as "counter-conventions" for others, politically speaking. For example, after attempting to incorporate into the General Trade Agreement some negotiating states such as Canada and France, in 2005, the UNESCO Convention on the Protection and Promotion of The Diversity of Cultural Expressions attempts to counteract the WTO system1. 1. Anne Peters, “The Refinement of International Law: From Fragmentation to Regime Interaction and Politicization” [2016] SSRN Electronic Journal. 13 For example, after attempt by negotiating states such as Canada and France to include a cultural exemption in the General Agreement on Trade in Services (GATS) and the GATT, the 2005 Convention for the protection and promotion of the diversity of cultural expressions aims to alleviate the WTO system. Similarly, the Cartagena Protocol of 2000 on Bio-Security is a WTO counter-convention. The subsequent "regime collisions“1 are commendable since they manifest pluralism, contestation and politics and further foster them but what it entails in normative terms needs to be addressed. The competition pressure from fragmentation is an associated advantage. The associated benefit is the competitive pressure of fragmenting: competition between regimes, organizations, courts or some other institution will promote productivity exploration and experimentation, boost creativity, correct errors, reduce the risk of failure of a single institution. 1. Door Anthony Carty, Philosophy of International Law (Uitgever: Edinburgh Edinburgh University Press 2017). 14 SECOND BENEFIT The next positive feature of fragmentation is its defense against power concentrations. While the presence of such institutions has been said to favor large states that possess adequate workforce and expertise in order to staff these many institutions, some administrative dispersal helps in the first place to deter corruption as it forms a division of powers with the potential of checks and balances. In addition, the emergence of additional opportunities and responsibilities for unsatisfied parties to question current laws increases transparency1. Some shopping forums will legally function as a counterinsurgency tactic for poorer players.  1. Roxana Maffei, “Pros and Cons of Healthcare Information Technology Implementation” (2006) 8 JONA’s Healthcare Law, Ethics, and Regulation 116. 15 In addition, the availability of further and fresh chances for unsatisfied parties to contest current laws increases transparency. Certain shopping forums will legally function as a strategy to counterinsurgent weaker players. When access to life saving treatment is discussed not only within the WTO, for example, but even within the UN Human Rights Council, fragmentation is seen as a challenge within the framework by less influential players. In particular, the multiplicity of international tribunals has been welcomed by the international judges themselves. Naturally, much relies on the use of the case law of other theoretically conflicting bodies by judges and arbitrators1 . The numerous foreign courts and tribunals were particularly welcome by international judges themselves. Naturally, much depends on how judges and arbitrators use other, theoretically overlapping bodies' case law (see further Section 8). In either case, though, there are more pronouncements and hence only more cases at the expense of larger numbers of foreign judges and courts. The number of policy makers, their variety and their competitiveness and rivalry usually contribute to a thick body of law and a further clarification of the basic rules that underpin the order. This results in a finely balanced intern (relatively speaking). 1. Martti Koskenniemi, United Nations. International Law Commission. Study Group and Erik Castrén -Instituutti, Fragmentation of International Law : Difficulties Arising from the Diversification and Expansion of International Law (Erik Castrén Institute Of International Law And Human Rights 2007). 16 AN OVERALL ASSESSMENT OF THE IMPACT OF FRAGMENTATION ON INTERNATIONAL LAW.  The frequent foreign courts and tribunals were particularly welcome by international judges themselves. Naturally, much depends on how judges and arbitrators use other, theoretically overlapping bodies' case law . In either case, though, there are more pronouncements and hence only more cases at the expense of larger numbers of foreign judges and courts. The number of policy makers, their variety and their competitiveness and rivalry usually contribute to a thick body of law and a further clarification of the basic rules that underpin the order. Global legislative tendencies, not appropriately focused on the issue of the international regulatory system, may also contribute to the settlement of normative contradictions in that rule, on a collateral basis1. The constitutional focus on transparency could provide for, to a degree, the maintaining of a level of substantive legitimacy to the rules being established, whereas international obligation could be compelling for the adherence to the law. Likewise, the focus on the Constitution favors the rigid definition of international institutions' powers Likewise, a certain procedural legitimacy will be guaranteed by the constitutional focus which favors the strict delimitation of the competences of international institutions. 1 Robbie Shilliam, “Forget English Freedom, Remember Atlantic Slavery: Common Law, Commercial Law and the Significance of Slavery for Classical Political Economy” (2012) 17 New Political Economy 591. 18 This enables the presence of the erga omnes norms, which are predominant in international law, since they constitute the superior interests of international society to explain, in accordance with his deductions, the material criteria of the law, leaving the States as their own fixers and putting the interests that humanity holds in the center as determinants for the status quo1. Anne Peters develops her constitutionalism by defining the boundaries of international authority by the constitutional membership of a global authority, which is to say by means of an international community's effective existence that it is constitutionalized and which allows the presence of erga omens standards to be explained. 1 “Amendment/Modification/Revision of Treaties” [2020] Treaties in Motion 182. 19 CONCLUSION Finally, it will only increase the efficacy and credibility of international law and its implementation through division and by pluralism  only if they are channeled into relevant concepts and procedures to which now refer. REFERENCES Bibliography “Amendment/Modification/Revision of Treaties” [2020] Treaties in Motion 182 Den V and Carsten Stahn, The Diversification and Fragmentation of International Criminal Law (Martinus Nijhoff Publishers 2012) Door Anthony Carty, Philosophy of International Law (Uitgever: Edinburgh Edinburgh University Press 2017) Fortner RS and Fackler M, The Handbook of Global Communication and Media Ethics (Wiley-Blackwell 2011) Maffei R, “Pros and Cons of Healthcare Information Technology Implementation” (2006) 8 JONA’s Healthcare Law, Ethics, and Regulation 116 Martti Koskenniemi, United Nations. International Law Commission. Study Group and Erik Castrén -Instituutti, Fragmentation of International Law : Difficulties Arising from the Diversification and Expansion of International Law (Erik Castrén Institute Of International Law And Human Rights 2007) Peters A, “The Refinement of International Law: From Fragmentation to Regime Interaction and Politicization” [2016] SSRN Electronic Journal Shilliam R, “Forget English Freedom, Remember Atlantic Slavery: Common Law, Commercial Law and the Significance of Slavery for Classical Political Economy” (2012) 17 New Political Economy 591