Defragmentation of Public International Law Through Interpretation: A Methodological Proposal

Abstract

Fragmentation of public international law (PIL) is perceived as a growing problem and answers to it are proliferating. International courts and tribunals are adjudicating ever more on issues that would be considered-were they not transnational or international in nature-constitutional problems. In national law, countervailing values, or intra-constitutional conflicts, are reconciled through a balancing of those values that is usually embedded in the application of the proportionality principle. A similar mechanism in PIL remains underdeveloped from a methodological point of view. This article aims to develop a methodological proposal for defragmentation through interpretation, drawing on legal theory, to be more precise on a theory of balancing.\nGlobal Constitutionalism – Process and Substance, Symposium. Kandersteg, Switzerland, January 17-20, 2008

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