International Law has been challenged by the emergence of regionalism and self-contained regimes which contribute to the fragmentation of International Law. Regionalism’s impact in International Law is significant to the extent that it creates legal orders with special primary and secondary rules and new institutional arrangements such as specialized courts, for example; the World Trade Organisation. The consequences of fragmentation can be significant, however, as I will argue, they also result from the non-hierarchical nature of the international law-making process. In order to address the issue of the fragmentation of International Law, I ask two relevant questions: How is International Law being transformed by Regionalism? And how International Law deals with conflicts between these different legal systems? I will discuss the bias of International Law towards ‘total unity’ and present legal pluralism as an alternative to either monism or dualism as responses to the relations between those legal orders.
- Fragmentation; International Law; Regionalism; Pluralism
Available at: http://works.bepress.com/flavio_inocencio/2/