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The Rhetoric of Fragmentation: Fear and Faith in International Law

Abstract : AbstractOver the last decade international lawyers have been increasingly concerned with the `fragmentation' of international law. However, given that this expression has been repeatedly used by the profession since the mid-nineteenth century to depict the state of international law, one may wonder about its recent revival in the international legal discourse. Why has it re-emerged? What can we learn from previous invocations? An answer may be sought by contextualizing the fragmentation debate in a historical perspective. This brings out the repetitive and relatively stylized modes in which the profession has narrated legal developments. This essay suggests a correlation between periods of crisis in general and a critical view of fragmentation on the one hand, and periods of scholarly enthusiasm and the prevalence of positive views about fragmentation on the other. This analysis sheds critical light on both the implicit assumptions and political implications of the current debate on fragmentation.
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Submitted on : Friday, November 24, 2017 - 12:25:37 PM
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Anne-Charlotte Martineau. The Rhetoric of Fragmentation: Fear and Faith in International Law. Leiden Journal of International Law, Cambridge University Press (CUP), 2009, 22 (1), pp.1--28. ⟨10.1017/S092215650800561X⟩. ⟨hal-01647386⟩



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