International lawyers and courts discuss the principle of systemic integration as the answer to certain difficulties arising from fragmentation of public international law. This article questions the main propositions pertaining international law scholarship and judicial practice as far as the application of systemic integration of treaties in the human rights area is concerned. The article argues, first, that, in many instances, the application of systemic integration raises serious interpretation and jurisdictional concerns. Second, the article submits that systemic integration may create new hegemonies among international courts and give rise to a less diverse and poorer international law in the future.
Friday, February 17, 2017
Rachovitsa: The Principle of Systemic Integration in the Human Rights Law - A Critical Appraisal
Adamantia Rachovitsa (Univ. of Groningen - Law) has posted The Principle of Systemic Integration in the Human Rights Law - A Critical Appraisal (International and Comparative Law Quarterly, forthcoming). Here's the abstract: