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Journal articles on the topic 'International legal discourse'
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Kravchenko, N., and N. Nikolska. "Discourse Structure Relationships (Based on International Legal “Soft Law” Discourse)." Mìžnarodnij fìlologìčnij časopis 1, no. 11 (December 27, 2019): 101–7. http://dx.doi.org/10.31548/philolog2020.01.101.
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Cope, Kevin L. "Congress’s International Legal Discourse." Seqüência: Estudos Jurídicos e Políticos 37, no. 74 (December 21, 2016): 19. http://dx.doi.org/10.5007/2177-7055.2016v37n74p19.
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http://dx.doi.org/10.5007/2177-7055.2016v37n74p19Lançando mão de um acervo de dados original que compreende 30 anos de históricos legislativos de estatutos federais estadunidenses, o autor demonstra que, em debates sobre leis cuja aprovação poderia levar a violações de direito internacional, membros do Congresso invocam observância a este com relativa frequência. Os argumentos são amplamente favoráveis ao direito internacional e frequentemente fraseados em termos legalistas. Essas conclusões demonstram que membros do Congresso são incentivados a tomar posições públicas pró-direito internacional por oficiais executivos com tendências internacionalistas. O executivo parece utilizar do discurso congressista de direito internacional para reforçar a credibilidade internacional do país e fortalecer a posição do presidente para realizar e implementar obrigações futuras.
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GRIGGS, KAREN. "A Legal Discourse Community." Journal of Business and Technical Communication 10, no. 2 (April 1996): 251–69. http://dx.doi.org/10.1177/1050651996010002008.
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Капустин, Анатолий, and Anatoliy Kapustin. "The Law of Eurasian Economic Union: International Legal Discourse." Journal of Russian Law 3, no. 11 (November 11, 2015): 0. http://dx.doi.org/10.12737/14371.
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The article discusses the main features of the Law of the Eurasian Economic Union (EAEU) from the point of view of modern international law, its legal nature and place, and functions in the regulation of the Eurasian integration. The article investigates the importance of the Foundation agreement as the international legal basis of the Union and its legal system. The author conducts comparative law analysis of conceptual models of the integration law on the example of the European legal theories of the European Union and Latin American theories of law on regional economic integration. This article gives comprehensive international law characteristics of regulatory definitions and conceptual framework of the EAEU law. The author classifies contractual sources of the Union’s Law and reveals the relationship between them. The author shows the role of secondary sources of the Union’s Law — acts of intergovernmental bodies. The author does not only list the sources enumerated in the EAEU Treaty, but also makes a forecast about the role of other international law acts and norms in the development of the EAEU Law concept. The author draws the conclusion that the Union’s Law is of an international law nature.
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Kim, Min-Joo. "International legal discourse on the Fossil Fuel Subsidy Reform." Environmental Law and Policy 21 (September 30, 2018): 1–52. http://dx.doi.org/10.18215/elvlp.21..201809.1.
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Alexander, Atul. "Ulf Linderfalk: Understanding Jus Cogens in International Law and International Legal Discourse." Liverpool Law Review 41, no. 3 (July 20, 2020): 391–94. http://dx.doi.org/10.1007/s10991-020-09256-x.
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Deineko, O. O. "Discourse-structure of social cohesion as a category of social policy: experience of critical discourse-analysis application." Ukrainian Society 77, no. 2 (July 15, 2021): 140–53. http://dx.doi.org/10.15407/socium2021.02.140.
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The article is dedicated to identifying the discourses of social cohesion as a category of social policy, constructed by the textual structures of national governments, intergovernmental associations and international organisations documents. The paper is performed in the frame of a discourse-analytical approach; discursive events define the normative acts of national governments, intergovernmental associations, and international organizations during the 90s – 2000s, devoted to the issue of social cohesion; definitions of social cohesion and “textual situations” of their use are chosen as units of analysis. Based on the critical discourse analysis of N. Fairclough’s and some provisions of E. Laclau and S. Mouffe’s discourse approach, the author (re)constructs a discourse-structure of social cohesion, presented by discourses of social solidarity, neoliberalism, inclusion (involvement) and materialism. These discourses are further composed into interdiscursive spaces of neoliberalism and traditionalism. The need for methodological caution in the uncritical scholars’ application of political-legal definitions of social cohesion is emphasised to prevent the spread of constructed discursive ideologemes. It is concluded that social cohesion appears as a chameleon discourse, which content is not only socio-culturally, historically, politically contextual, but also chronologically dynamic (systemically fluid). The article emphasises the dominant positioning of social cohesion as an instrument of state policy, a “universal cure” for the social diseases and all the “best” against all the “worst” that ideologizes this concept, making it artificially dogmatic. The paper identifies “empty signs” of social cohesion discourses and the point of “hegemony intervention”. Considering delusions of the political-legal discourse of social cohesion, the relevance of applying a dialectical strategy for defining social cohesion within academic discourse is highlighted.
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Linderfalk, Ulf. "Cross-fertilisation in International Law." Nordic Journal of International Law 84, no. 3 (July 13, 2015): 428–55. http://dx.doi.org/10.1163/15718107-08403004.
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This article picks up on a term (‘cross-fertilisation’) often exploited in debates on the interaction of international laws and legal practices, especially in the context of international criminal law. Two questions are addressed: (1) What is the meaning of ‘cross-fertilisation’? (2) What are its conditions? As the article argues, ‘cross-fertilisation’ pertains to the understanding of legal utterances relative to other such utterances. The concept assumes that if an agent wishes to understand the meaning or significance of a legal utterance, his understanding may profit by bringing the analysis of this utterance to bear on its assumed relationship with other legal utterances. Any assumption of a relationship between two legal utterances requires justification, however, or else it will not meet acceptance in international legal discourse. Consequently, when an agent brings the analysis of a legal utterance to bear on its relationship with some other legal utterance, as this article argues, cross-fertilisation will occur on two conditions. First, there has to be recognition of the relationship between the two utterances by a rule, principle, or informal convention pertinent to international legal discourse. Second, the agent must have grasped the precise nature of this same relationship. Based on this proposition, the article ends with six examples illustrating the kind of problems that might obstruct cross-fertilisation proper.
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Lychuk, M. "Маркери-ідентифікатори англомовного міжнародно-правового дискурсу." Mìžnarodnij fìlologìčnij časopis 12, no. 3 (September 23, 2021): 21–25. http://dx.doi.org/10.31548/philolog2021.03.021.
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Allison, Roy. "Russian Revisionism, Legal Discourse and the ‘Rules-Based’ International Order." Europe-Asia Studies 72, no. 6 (June 26, 2020): 976–95. http://dx.doi.org/10.1080/09668136.2020.1773406.
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Gyul’verdiev, Ramu Beyukhanovich. "Linguo-legal convergence: foreign trade discourse." Юридические исследования, no. 2 (February 2020): 44–58. http://dx.doi.org/10.25136/2409-7136.2020.2.31376.
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The expansion of international contacts and integration policy of Russian mainstream the question of development of linguistic grounds for effective interlingual communication, thus special attention is given to the problem of building nominative field of frame-scenario of linguo-legal convergence as a type of linguocultural concept, which main purpose consists in systematization and substantiation of a set of translation strategies. Based on the analysis of the models of representation of knowledge, it would contain the results of identification of national-cultural and mental specifics of language structures. Multi-aspect examination of the problems of legal translation justifies utilization of complex methodology that includes linguo-legal, linguo-culturological and comparative analysis. The author also applies statistical, comparative-legal and comparative methods in studying the foreign practice, scientific works, business documentation, which allow formulating and introducing recommendations aimed and increasing effectiveness and optimization of activity in the indicated sphere. The conclusion is made that the frame-scenario may significantly assist in translation of contracts as a results of time-consuming and detailed work of the translators-interpreters, which would integrate the ontological properties of the meaning of text. The author determines the key trajectories of cognitive study of linguo-legal convergence in the foreign trade discourse.
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STAHN, CARSTEN, and ERIC DE BRABANDERE. "The Future of International Legal Scholarship: Some Thoughts on ‘Practice’, ‘Growth’, and ‘Dissemination’." Leiden Journal of International Law 27, no. 1 (December 16, 2013): 1–10. http://dx.doi.org/10.1017/s0922156513000617.
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Like international legal scholarship, LJIL is in transition. Our colleagues, Larissa van den Herik and Jean d'Aspremont, who have shaped much of the role and plural identity of the journal over the past decade, in collaboration with our different sections, have passed leadership on to us, the new team of (co-)editors-in-chief. This editorial reflects on the changing role and function of scholarship in international law, a theme important to our predecessors and ourselves. This is to some extent a niche area. It has not received much attention in discourse. With some notable exceptions, legal journals are typically reluctant to address overarching meta-issues of discourse, i.e. issues of production of scholarship, the role of journals vis-à-vis other media, or the broader direction of the development of international legal scholarship. Such issues might be perceived as non-scientific by some. We feel that it is important to include such dimensions, including critical self-reflection on our discipline, in international legal discourse.
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Nylen, Alexandria J. "Frontier justice: international law and ‘lawless’ spaces in the “War on Terror”." European Journal of International Relations 26, no. 3 (November 6, 2019): 627–59. http://dx.doi.org/10.1177/1354066119883682.
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How does the discourse of international law facilitate extraterritorial state violence? This paper synthesizes insights from International Relations, comparative politics, and legal studies in order to explore how the sovereign foundations of international law may render “frontier territories” exceptionally vulnerable to external military intervention. I argue that international law’s focus on sovereignty constitutes frontier territories as “ambiguous,” which leads to discursive conflicts over how to define these spaces, what is considered “legal” and “illegal” action within them, and who gets to define their status. All of this creates a conducive environment for powerful international governments to denigrate frontier territories as “lawless,” by rhetorically constructing them as exceptional legal spaces that do not deserve the same protections as areas ordered by sovereign ideals. To illuminate this empirically, I conduct a discourse analysis of 16 distinct legal documents from the Obama White House, including internal memorandums and public speeches on the legal standing of drone strikes in Pakistan, Yemen, and Somalia.
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Desierto, Diane A. "Postcolonial International Law Discourses on Regional Developments in South and Southeast Asia." International Journal of Legal Information 36, no. 3 (2008): 387–431. http://dx.doi.org/10.1017/s0731126500003231.
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The development of international law in South and Southeast Asia exemplifies myriad ideological strands, historical origins, and significant contributions to contemporary international law doctrines’ formative and codification processes. From the beginnings of South and Southeast Asian participation in the international legal order, international law discourse from these regions has been thematicallypostcolonialand substantivelydevelopment-oriented.Postcolonialism in South and Southeast Asian conceptions of international law is an ongoing dialectical project of revisioning international legal thought and its normative directions — towards identifying, collocating, and applying South and Southeast Asian values and philosophical traditions alongside the Euro-American ideologies that, since the classical Post-Westphalian era, have largely infused the content of positivist international law. Of increasing necessity to the intricacies of the postmodern international legal system and its institutions is how the postcolonial project of South and Southeast Asian international legal discourse focuses on areas of international law that create the most urgent development consequences: trade, investment, and the international economic order; the law of the sea and the environment; international humanitarian law, self-determination, socio-economic and cultural human rights.
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Sidel, Mark. "The Re-Emergence of Legal Discourse in Vietnam." International and Comparative Law Quarterly 43, no. 1 (January 1994): 163–74. http://dx.doi.org/10.1093/iclqaj/43.1.163.
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von Bernstorff, Jochen. "Sisyphus was an international lawyer. On Martti Koskenniemi's “From Apology to Utopia” and the place of law in international politics." German Law Journal 7, no. 12 (December 1, 2006): 1015–35. http://dx.doi.org/10.1017/s2071832200005277.
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From Apology to Utopia is a disturbing reading experience. I first came across Martti Koskenniemi's book of 1989 during research for my thesis on Hans Kelsen. In his monograph “Das Problem der Souveränität”, published immediately after the First World War, Kelsen attempted to destroy the central doctrinal pillars of the nineteenth century German international law discourse by exposing the ideological nature of its central doctrines, such as the concept of the sovereign will of the state, autolimitation and consent. 70 years later, the analytical programme of From Apology to Utopia deconstructed international law by exposing the inherent “political” nature of international legal discourse, interpreted as an argumentative practice. Exposing the unstable discursive boundaries between politics and international law is the central objective of this monograph. Martti Koskenniemi portrays international legal doctrine as an inherently contradictory and repetitive argumentative routine that is incapable of producing meaningful “legal” results. International lawyers somewhat tragically feel compelled to engage in this Sisyphean routine in order to maintain their professional identity.
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Van Hoecke, Mark, and Mark Warrington. "Legal Cultures, Legal Paradigms and Legal Doctrine: Towards a New Model for Comparative Law." International and Comparative Law Quarterly 47, no. 3 (July 1998): 495–536. http://dx.doi.org/10.1017/s0020589300062163.
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Over the past decade especially, many writers have emphasised the need for a broad approach to the subject of comparative law, thereby moving it beyond the “law as rules” approach of traditional legal doctrine. It is becoming steadily apparent that comparatists cannot limit themselves to simply comparing rules. The “law as rules” approach has to be placed in a much wider context Broader investigation reveals that it is not even rules which are at the core of the comparative endeavour; it is, rather, the legal discourse, the way lawyers work with the law and reason about it.
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Brölmann, Catherine. "Member States and International Legal Responsibility." International Organizations Law Review 12, no. 2 (April 27, 2015): 358–81. http://dx.doi.org/10.1163/15723747-01202005.
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The ‘institutional veil’ of international organizations is the linchpin for legal analysis and appraisal of the role and interrelation of international organizations, member States and organs. Through this lens the article examines in semi-broad strokes the position of international organizations’ member States in the legal framework of international responsibility, with reference to pertinent provisions in the ilc ario. This leads to the finding that in (the discourse on) the establishment of responsibility there are four possible legal contexts, which have the institutional veil of the organization work out in different ways: subsidiary responsibility of member States (the proverbial ‘piercing of the corporate veil’); the attribution of conduct to member States; the ‘attribution of responsibility’ to member States; and the bypassing of the institutional veil to establish independent responsibility of member States, which is then connected by a material link to the wrongful act of the organization or to the injurious circumstances originally at issue. While in the context of subsidiary responsibility the institutional veil can be seen as consistently impermeable since the 1980s Tin Council cases, in the context of attribution of conduct the institutional veil of organizations appears to be increasingly contested, engaged with and challenged for transparency.
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Zhang, Xiaoshi. "Rethinking International Legal Narrative Concerning Nineteenth Century China: Seeking China’s Intellectual Connection to International Law." Chinese Journal of Global Governance 4, no. 1 (April 18, 2018): 1–21. http://dx.doi.org/10.1163/23525207-12340029.
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Abstract The standard of civilization is haunting international legal studies. The problem remains whether the non-Western traditions are legitimate sources for international governance. Although legal scholars sometimes approach international law from different perspectives or from a particular experience, at last, they are still writing about one international law that are supposed to apply to all nation-states without differentiation. The future outlook of international law partly depends on if there are real and lasting Asian intellectual connections with international law and whether the Asian inspirations could find their expression in the existing international legal framework. After exploring the existing discourse on China’s reception of international law in the nineteenth century, the paper suggests that Qing China’s statesmen had a vision for co-existence of international legal system and the China oriented tributary system.
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Polonskaya, Ksenia. "Selecting candidates to the bench of the World Court: (Inevitable) politicization and its consequences." Leiden Journal of International Law 33, no. 2 (February 28, 2020): 409–28. http://dx.doi.org/10.1017/s0922156520000023.
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AbstractJudges of the International Court of Justice (ICJ) are prominent jurists of high merit. However, little is known about certain extra-legal factors of the candidates that guide states in their selection and appointment process. This article focuses on examining extra-legal factors that matter for states in the selection process. Such extra-legal factors demonstrate that elections of candidates to the Court constitute another aspect of a broader political struggle to define the meaning of international law. The article situates the discussion on the selection process in the broader context of the discussion on biases in international law to suggest that the election of candidates to the Court becomes both an instrument and a procedure for controlling the discourse. The characteristics of the judges thus matter as a proxy to control the production and direction of such discourse. This article then explores the ways in which some states have greater strategic advantage in the selection and election processes that enables them to control the discourse to define the meaning of international law effectively.
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Krešić, Mario. "About Non-Positivist Perspective on Legal Values in International Law." Bratislava Law Review 4, no. 2 (December 31, 2020): 31–48. http://dx.doi.org/10.46282/blr.2020.4.2.182.
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The distinction between legal and non-legal values can be made from the aspect of legal system analysis. Since the content of the legal system depends on the identification of norms that establish such content, the problem of the identification is crucial for any kind of consideration of legal values. In discourse of international legal scholars, we can recognize attempts to identify values which are not dependent on the existing social practice. The purpose of this paper is to analyse such an approach to legal values as opposite to the positivistic account of the law and to analyse the main objection to this non-positivist perspective.
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Borodina, E. A. "Functions of legal discourse within the cognitive discursive paradigm trough the example of international legal acts." Courier of Kutafin Moscow State Law University, no. 1 (April 10, 2020): 101–7. http://dx.doi.org/10.17803/2311-5998.2020.65.1.101-107.
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The article examines the impact of a human rights approach on the terminology applicable in international legal acts on the protection of migrants’ rights. Features of the texts of regulatory legal acts are considered within the cognitive-discursive paradigm. Based on the analysis of the English-language documents of UN human rights bodies, the article studies how the functions of legal discourse are realized through the terminology used.
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Vylegzhanin, A. N., B. I. Nefedov, E. R. Voronin, O. S. Magomedova, and P. K. Zotova. "The Term “Rules-based International Order” in International Legal Discourses." Moscow Journal of International Law, no. 2 (July 9, 2021): 35–60. http://dx.doi.org/10.24833/0869-0049-2021-2-35-60.
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INTRODUCTION. The term “rules-based order” is increasingly referred to in speeches within many international forums as well as declared from national political tribunes. The initial question is whether this notion is of purely political nature (since it is not used in the UN Charter or in other universal international conventions and this term is not relied upon by the International Court of Justice or by the UN International Law Commission). On the other hand, with the popularization of such a political discourse, the frequent usage of this term by representatives of some states (not only of Western States, but also of China, for example) can affect international law. The very application of this term definitely provokes a splash of other questions. How does the term “rules-based order” correlate with the universally recognized term “international legal order”? Does the idea to use the term “rules-based order” have substantive legal grounds? Which rules in concreto1 are meant by the term? Who and how creates these rules? What is the nature of these rules – are they rules of national law and if so – national rules of what State? If these are rules of international law – why is it not reflected in the term? Due to the attractive wording the concept gets widespread, but lacking a common understanding of its content, everyone might put a different meaning into the concept. Does it result in the fact that some officials, representing states, become politically entitled with the right to abuse the international legal order as it is established by modern international law? This research examines these theoretic aspects of the concept “rules-based order”, taking into account that in the context of international relations it may be referred to also as “rules-based international order”. An additional question to answer is whether the concept might be regarded as one of the numerous attempts to adapt the current international law to new challenges.MATERIALS AND METHODS. The research paper is based on the analysis of numerous statements of representatives of states, in which their attitude to the “rules-based order” concept is manifested, positive and critical remarks relating to the concept made by international lawyers, as well as other research papers of Russian and foreign international scholars. The methodological instruments include general scientific and special methods, among them the historical method, methods of formal logic, analysis, synthesis, as well as systemic, comparative legal methods.RESEARCH RESULTS. Although the above-noted questions about the legal meaning of the term “rulesbased order” have arisen only in recent years mainly in the context of the anti-Russian rhetoric of Western politicians, the term has been used much earlier at different levels in a wide variety of topics. The question of inconsistent perceptions of this term is another reflection of a more general problem of weakening or strengthening the universal legally binding international order. One of the appropriate interpretive versions of this concept might be that “rules-based order” means first and foremost the world order which is based on norms of international law (which are mandatory as well known), and on applicable non-binding international rules containing a normative element, such as international rules provided in the documents of intergovernmental organizations and conferences, interstate political arrangements, and other mutually accepted rules, formed in the contemporary practice of international relations. This interpretation allows to bring the concept in line with modern international law. Nevertheless, even within such interpretation, it is necessary to respect the distinction between the norms of international law, which are binding, and other rules, which do not create State’s obligations under international law. Thus, unilateral or “blocking” imposition of values of one State on other States under the guise of rules on which, according to the first State, the world order is based, will not be allowed.DISCUSSION AND CONCLUSIONS. If another interpretation prevails, the “rules-based order” concept may have a negative impact on the existing international legal order insofar as it “washes out” the established legitimate procedures of international law-making, thus rejecting traditional international values of legal stability and diminishing the role of international law in international relations. Such scenario would not only multiply legal uncertainly and even unreasonable expectations among the participants of the international processes, but also might lead to undermining the very fundamentals of modern international law based on the UN Charter. The latter in its turn will inevitably lead to the global legal instability and will dramatically increase the risks of World War III. At the moment, the frequent abuse of the term “rules-based order” by the representatives of the NATO countries in support of their politically motivated statements, agreed upon only among them, impedes achievement of accepted understanding of the concept at the universal level, that might be consistent with international law.
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Corten, Olivier. "The Notion of “Reasonable” in International Law: Legal Discourse, Reason and Contradictions." International and Comparative Law Quarterly 48, no. 3 (July 1999): 613–25. http://dx.doi.org/10.1017/s0020589300063454.
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Far from being confined to its most obvious manifestations, such as in the right to be tried within a “reasonable time” guaranteed by Articles 5 and 6 of the European Convention on Human Rights, references to the notion of “reasonable” are found in a large variety of primary rules pronounced in both legal instruments and the case law.1
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Pozhar, A. B. "SPEECH ACTS OF EXPRESSIVES IN INTERNATIONAL-LEGAL DISCOURSE: TYPES, STRUCTURE AND FUNCTIONS." Lviv Philological Journal, no. 10 (2021): 109–14. http://dx.doi.org/10.32447/2663-340x-2021-10.17.
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Medvedieva, M., E. Dibrivna, and R. Kuharchuk. "«HATE SPEECH» IN INTERNATIONAL AND EUROPEAN LEGAL CONTEXT." Actual Problems of International Relations, no. 133 (2017): 95–105. http://dx.doi.org/10.17721/apmv.2017.133.0.95-105.
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It is proved that the term hate speech used in international legal discourse does not have a generalized and precise definition. It is noted that when using the term «hate speech» there is a conflict between the right to freedom of expression and the prohibition of discrimination on any grounds. It is emphasized that the concept of «hate speech» in its current use contradicts the fundamental principle of the rule of law, because it represents a threat to the democratic foundation of society. The unconditional introduction of the concept of «hate speech» into the laws of European states may endanger the right to freedom of expression, freedom of religion and freedom of assembly, as it provides grounds for establishing unreasonable restrictions on the exercise of these rights and freedoms.
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Klimenko, A. I., and A. A. Solukov. "The International Criminal Police Organization (Interpol): issues of legal ideology." Moscow Journal of International Law, no. 1 (July 25, 2020): 79–89. http://dx.doi.org/10.24833/0869-0049-2020-1-79-89.
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INTRODUCTION. The article is devoted to the problem of identifying the ideological and legal foundations of international cooperation of the criminal police. The paper considers International law as a special ideological form of law. One of the functions of this law is the function of organizing cooperation in combating crime at the international level. The segment of international law governing criminal police cooperation within an organization such as Interpol is primarily involved in the implementation of this function.MATERIALS AND METHODS. Using a socio-axiological approach, which studies the law not as a set of norms, but as a system of conventional values based on needs and interests of social actors in the process of legal discourse, the authors analyse the legal values and ideas that underlie the activities of Interpol. The paper studies international regulations of the Interpol activities as well as the regulations of the activities of the National Central Bureau of Interpol of Ministry of Internal Affairs of Russia, also studies theoretical materials (articles and studies), that could shed light on the aspects of formation and development of these ideas and values on the doctrinal level. The paper undertakes functional and structural analyze of the legal ideology of Interpol. It utilizes dialectical, system, formal-logical and comparative law methods.RESEARCH RESULTS. The authors build the theoretical model of the legal ideology structure and determine its basic functions. Its contents, i.e. values, ideas and principles, could formally manifest themselves in legal documents on both international and/or national levels, or informally emerge in the public legal discourse in the law enforcement field. On the functional level, the legal ideology of Interpol creates ideological foundations for law enforcement, including legal data base for combating crime and co-operation in law enforcement field and law enforcement practices, legitimizes international co-operation in combating crime, brings together international eff ts in combating crime, and strengthens international co-operation in this field. It also facilitates the universalization of the international law order and creation of legal policies in combating crime.DISCUSSION AND CONCLUSIONS. The legal ideology of Interpol is a complex system employing functional potential, that remains to be studied in details. The unique nature of ideas and values (law values), that lay ground for the legal ideology of Interpol, their high effi ency, derive from its particular functions, proven to be valuable on the modern stage of international co-operation in law enforcement field. The legal ideology of Interpol, in terms of its contents, tends to be very specific on the values level, because it encompasses legal values of conventional nature, as well as legal ideas supporting these values, and principles directed at them. Its contents never stop transforming accordingly to ever changing realities of international relations in the process of uninterrupted public legal discourse in law enforcement field. At the present moment, both its flexibility in terms of contents and functional potential allow us to see it as an important factor contributing to the development of the international law.
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Duran, Camila Villard. "The (In)visible Woman at the International Monetary Fund: Engendering National Economic Rule-making." Journal of International Economic Law 24, no. 4 (November 27, 2021): 738–54. http://dx.doi.org/10.1093/jiel/jgab037.
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ABSTRACT For decades, the International Monetary Fund (IMF) was silent about gender inequality. In 2013, the IMF finally adopted a discourse linking macroeconomic stability and gender inequality. Engendering means the integration of gender equality into the IMF’s activities, thus, generating change. By deploying different institutional mechanisms (e.g. the Article IV reports and conditionality in exchange for financial support), the IMF is contributing to engendering economic rulemaking process at the national level. Discourses matter. Economic laws at national level are shaped by the IMF’s ideas: the meaning-making process of rules at the global level is an integral part of the economic rulemaking process at the national level. Particularly, legal ideas are key to explain the structure of the IMF’s discourse and its potential to promote gender equality. The IMF is an important case study to understand the mechanisms of engendering international organizations with important repercussions for other international institutions.
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Coral-Diaz, Ana Milena. "Harms of secondary recognition in the Context of sociopolitical conflicts: Three factors for their exclusion from Transitional justice legal discourse." Novum Jus 14, no. 2 (July 1, 2020): 85–101. http://dx.doi.org/10.14718/novumjus.2020.14.2.4.
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This work seeks to explain why feminist theory has said transitional justice legal discourse has notrecognized the totality of harms women experience in the context of socio-political conflicts. To doso, it analyzes three factors responsible for international law and the Western construction of thefemale body as dualist and essentialist. Based on this analysis, it establishes that harms not usuallyrecognized by this legal discourse are considered “harms of secondary recognition,” since they donot form part of the typical legal figures that precede the experience itself.
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KREVER, TOR. "International Criminal Law: An Ideology Critique." Leiden Journal of International Law 26, no. 3 (July 31, 2013): 701–23. http://dx.doi.org/10.1017/s0922156513000307.
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AbstractThe article engages in an ideology critique of international criminal-law texts and discourse, drawing on a theoretical framework developed by critical legal studies scholars in order to interrogate, in a different jurisprudential context, the assumptions undergirding contemporary international criminal-law (ICL) scholarship. It argues that the triumphalism surrounding ICL and its adequacy to deal with conflict and violence ignores the factors and forces – including specific international legal interventions in countries’ political economies – that shape or even help establish the environment from which such conflict and violence emanate. In uncritically celebrating ICL and equating it with a pacific international rule of law, ICL scholarship risks shaping passive acquiescence in the status quo and discouraging more throughgoing efforts to address the systemic forces underlying instances of violence, including political–economic forces shaped by international legal institutions.
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Gotti, Maurizio. "Aspects of Arbitration Discourse: an Insight into China’s Arbitration Law." Revista Alicantina de Estudios Ingleses, no. 28 (November 15, 2015): 83. http://dx.doi.org/10.14198/raei.2015.28.05.
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The formulation of legal norms is greatly conditioned not only by different juridical systems and drafting traditions, but also by specific linguistic features and socio-cultural aspects. The paper investigates this issue by taking into consideration provisions concerning commercial arbitration in an Asian country. The text selected for our analysis is The People’s Republic of China Arbitration Law 1994 (PRCAL, for short). This law can be considered a highly important step in the development of Chinese legislation in this field as it has had a great impact on international arbitration carried out by Chinese companies. International business exchanges with China have increased enormously over the last few years and even the recent economic recession has not slowed down this growth, making China the biggest Asian market in terms of import-export trade. As a natural consequence, this increase in business deals and contracts has brought about a rise in the number of trade disputes, with a consequent increase in arbitration proceedings. The aim of this paper is to examine the English version of PRCAL in order to highlight some of the linguistic and legal features present that betray specific cultural values. In some cases, the PRCAL text is compared to the United Nations Model Law on International Commercial Arbitration, with the aim of offering a more detailed understanding of textual phenomena closely linked to differing legal and cultural traditions.
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Babych, Ya. "RELATIONSHIP OF CONCEPTS LEGAL PROTECTION AND PROTECTION OF RIGHTS IN SCIENTIFIC DISCOURSE." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 119 (2021): 8–11. http://dx.doi.org/10.17721/1728-2195/2021/4.119-2.
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The article addresses the understanding of the legal categories "legal protection" and "protection of rights". The legal nature and content of these definitions are analyzed. Particular attention is paid to the characteristics of these definitions in scientific international and domestic doctrines. The positions of five different scientific schools on the understanding of these concepts are considered. The first cohort of scientists adheres to the views according to which such definitions are analyzed as interaction of whole and part. The second group of scholars identifies the concepts of "legal protection" and "protection of rights". The third point of view on the specified theoretical problems, consists of the delimitation of the outlined definitions. The fourth constellation of scholars reveals the analyzed categories through the prism of individual branches of law, taking into account the subject and method of legal regulation of each area. The universal approach distinguishes between the concepts of "legal protection" and "protection of rights" and considers them as different, but at the same time absolutely full-fledged legal categories. It is substantiated that the latter has normative and applied significance and is effectively used by the international community both at the doctrinal and legislative levels. On the basis of the conducted theoretical research the independent scientific conclusions and judgments on the analyzed subjects are offered, in particular the author's definition of definition "legal protection" is given. In addition, the main features inherent in the above categories are highlighted. Particular attention is paid to the need of highlighting the preventive component of the concept of "legal protection", which is particularly important within this category.
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von Bogdandy, Armin. "Ius Constitutionale Commune en América Latina: Observations on Transformative Constitutionalism." AJIL Unbound 109 (2015): 109–14. http://dx.doi.org/10.1017/s2398772300001264.
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A new approachIus Constitutionale Commune en América Latina (ICCAL) constitutes a new approach to constitutionalism in the region. It has transformative aims and draws its energy from the perception of unacceptable conditions of a systematic nature. Like many legal concepts it refers both to positive law as a well as to the legal discourse connected to it. In terms of positive law, it is above all based upon the American Convention on Human Rights and other inter-American legal instruments, the concordant guarantees of national constitutions, the constitutional clauses opening up the domestic legal order to international law as well as pertinent national and international case law. In terms of legal discourse it is characterized by a disciplinary combination of national and international legal scholarship, a comparative mindset, and a methodological orientation towards principles.The proponents of this approach set a stark accent on rights and the transformation of political and social realities but reject plebiscitary presidentialism and the centralization of power as a transformative strategy. Accordingly, the separation of powers and independent institutions are accorded great weight. ICCAL supports the regionally secured realization of the central promises of national constitutions, the embedding of the national legal orders in a larger context, and the transformation of society through law.
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Harrison, J. "The case for investigative legal pluralism in international economic law linkage debates: a strategy for enhancing the value of international legal discourse." London Review of International Law 2, no. 1 (March 1, 2014): 115–45. http://dx.doi.org/10.1093/lril/lru002.
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March, A. F., and N. K. Modirzadeh. "Ambivalent Universalism? Jus ad Bellum in Modern Islamic Legal Discourse." European Journal of International Law 24, no. 1 (February 1, 2013): 367–89. http://dx.doi.org/10.1093/ejil/chs091.
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Karakulyan, Emil A. "Eurocentrism within the Framework of International Legal Research: a Review and Critique of the Main Methodological Positions." Russian Journal of Legal Studies (Moscow) 8, no. 2 (August 12, 2021): 29–45. http://dx.doi.org/10.17816/rjls49782.
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The article examines various aspects of the Eurocentric nature of international legal research. The author concludes that the Eurocentric framework of international law inevitably leads to increased regional and global tensions, as neo-colonial discourse is the main projection of Eurocentrism. According to the author, the criteria of objectivity are incompatible with the methodology of extreme Eurocentrism. The optimal variant of a counter-revocentric strategy is only possible within the framework of the pluralism of constitutive international legal processes.
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Dubrovskaya, T. V. "LEGAL DISCOURSE IN THE SOCIAL CONSTRUCTIONIST PARADIGM (construction of interethnic relations)." Bulletin of Kemerovo State University, no. 3 (July 28, 2016): 117–23. http://dx.doi.org/10.21603/2078-8975-2016-3-117-123.
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The paper presents some results of the research that is aimed at revealing the mechanisms of discursive construction of international and interethnic relations in different types of discourse. The object of study in this fragment is the legal discourse, which is viewed within the paradigm of social constructionism. The author consolidates studies of law as discursive practice and outlines an appropriate methodological perspective, which presupposes the interpretation of legal discourse in social and axiological context, participation of society in legal-discursive practices, and the essential role of legal discourse in power relations. To perform the analysis of the ‘Strategy of State national policy of the Russian Federation’, the author applies the categories of social actor, implicature, specifying and vagueness, which are typically exploited in Critical Discourse Analysis. The results demonstrate that the document in question categorises the participants in interethnic relations and constructs a few pairs of interacting parties. The state is represented as a key actor in interethnic relations. The document also operates the discursively opposite mechanisms of specifying and vagueness to problematise certain aspects of the relations. Axiologically laden abstract categories and implicature also construct interethnic relations.
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Mörth, Ulrika, and Jon Pierre. "Can Anyone Implement the Law? The Discourse and Practice of Externalizing Legal Authority." Administration & Society 53, no. 9 (February 16, 2021): 1315–36. http://dx.doi.org/10.1177/0095399721995459.
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Allowing private companies to de facto exercise legal authority is becoming increasingly common in several countries. Externalizing legal authority is sustained by a discourse replacing a conventional institutional approach to law enforcement with a functional approach where the agent is less important than efficiency and expected outcomes. Drawing on two brief case studies in Sweden—automobile inspections and reviews of international financial transactions—we argue that legal authority is transferred to for-profit actors with only a minimum of safeguards and accountability. For-profit actors are legal authority insiders but outsiders in the democratic chain of accountability.
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Cordonnery, Laurence, Alan D. Hemmings, and Lorne Kriwoken. "Nexus and Imbroglio: ccamlr, the Madrid Protocol and Designating Antarctic Marine Protected Areas in the Southern Ocean." International Journal of Marine and Coastal Law 30, no. 4 (November 23, 2015): 727–64. http://dx.doi.org/10.1163/15718085-12341380.
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The paper examines the process and context of international efforts to designate Marine Protected Areas (mpas) in the Southern Ocean. The relationship between the Convention on the Conservation of Antarctic Marine Living Resources (camlr Convention) and the Madrid Protocol is examined in relation to legal, political and administrative norms and practices. A contextual overview of the Antarctic mpa system is considered, followed by an analysis of the overlapping competencies of the camlr Commission (ccamlr) and the Madrid Protocol. The Antarctic mpa debate is placed in a wider international legal context of the management of global oceans space in areas beyond national jurisdiction. We provide an analysis of the politico-legal discourse and point to complicating factors within, and external to, the Antarctic system. The concluding section suggests options for breathing new life into the Southern Ocean mpa discourse.
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Kendall, Sara. "‘UhuRuto’ and Other Leviathans: The International Criminal Court and the Kenyan Political Order." African Journal of Legal Studies 7, no. 3 (September 12, 2014): 399–427. http://dx.doi.org/10.1163/17087384-12342053.
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The International Criminal Court’s intervention in Kenya emerged from a complex and contested political history, with different actors advocating for domestic solutions and others arguing for an international legal process in The Hague. Earlier positions have been disavowed and others have changed in the dynamic Kenyan political environment. The icc intervention has produced a number of political effects, including the imbrication of the icc process with electoral politics. This article takes up the case study of the Kenyan situation as a site of political contestation mediated through legal discourse. It considers these dynamics on two registers: at the geopolitical level (considering the relationships between the icc, the African Union, and the United Nations Security Council) as well as at the domestic level (both state and civil society). By tracing the discourses through which these contestations transpire, this article highlights some of the themes, strategies, and practices through which the icc’s intervention has been received.
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SINGH, SAHIB. "The Potential of International Law: Fragmentation and Ethics." Leiden Journal of International Law 24, no. 1 (February 11, 2011): 23–43. http://dx.doi.org/10.1017/s0922156510000579.
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AbstractFragmentation discourse provides a rare opportunity for international lawyers to review what has gone and what is to come: it is, in short, a chance to learn lessons of the past. The subjects and the looking glass, so to speak, are the International Law Commission's Report on the Fragmentation of International Law and its author, Martti Koskenniemi. It is the conclusion of this paper that the legal world's approaches to fragmentation, reflected in the ILC Report, represent a deficiency in ethical responsibility. The author not only considers the Report to be naturally inhibited by the institutional environment in which it was constructed, but furthermore finds that the Report's rule-centric approach to a polarized discourse results only in the propagation of ethical deficiencies that define the classical approaches to fragmentation: constitutionalism and legal pluralism. The Report's formalistic approach is one that attempts to find a middle ground between the stated polarities and, in doing so, it not only advances the myths of a system and of coherence in international law, but enables the preferences that define proliferating tribunals. The very same preferences continue to disable the ethical and political emancipation of the legal professional. The author believes the future of international law can no longer remain chained to rule-centrism against political preferences, but rather lies in the study of the legal professional. International law is a project that requires the rediscovery of our consciously enlightened professionals. This not only requires the development of a professional pluralism but the understanding that professional existentialism is not a reward, but rather the transpiring mindset of noble objectives.
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Tanzi, Attila. "Remarks on Sovereignty in the Evolving Constitutional Features of the International Community." International Community Law Review 12, no. 2 (2010): 145–69. http://dx.doi.org/10.1163/187197310x498570.
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AbstractThe present article offers a summary overview of the evolutions of the modern international legal setting focusing on its constituent legal pillars. Such pillars, based on the evolving concept of sovereignty and on the basic rules on recognition, are considered in their constituent nature, irrespective of their conformity, or not, with domestic constitutional models and of the recent discourse on constitutionalism. On the one hand, the analysis considers the evolving normative constraints on sovereignty placed by the law-making process carried out by sovereign nation-states in the pursuit of both their individual interests on the basis of reciprocity and of global solidarity through jus cogens rules. On the other hand, the limitations of this normative process are emphasized, so as to indicate the largely aspirational nature of the legal dynamics. The tensions between the equality attribution to sovereignty and recurring hegemonic attempts ‐ from the Napoleonic to the US neo-imperialist ones ‐ and their impact on international law are also looked at in a historical perspective with a view to acquiring the means to decipher the present and perspective dynamics of redistribution of power on the international scene. Finally, the article addresses the ongoing legal discourse on the paradigm of sovereignty expressing scepticism on alternative models as better tools for enhancing good international governance. It is suggested that the existing governmental model should be fully put to fruition through the full awareness of civil society and the enhancement of governmental accountability ‐ in international and domestic affairs, alike ‐ through the legal principle of due diligence.
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Nuñez-Mietz, Fernando G. "Legalization and the Legitimation of the Use of Force: Revisiting Kosovo." International Organization 72, no. 3 (2018): 725–57. http://dx.doi.org/10.1017/s0020818318000152.
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AbstractRecent works on the role of argumentation in international politics have enriched our understanding of the discursive construction of international legitimacy. Many scholars have recognized the pervasiveness and privileged status of legal claims. Building on these insights, I advance the proposition that the international legitimacy of the use of force has legalized. Legalization implies that successful (de-)legitimation depends on the strategic use of international law, and that alternative legitimacy discourses (such as morality) have been marginalized and play a negligible role in the construction of legitimacy. Thus, the use of force is legitimate to the extent that it conforms to international law. I test this “legalization thesis” against the “hard” case of NATO's intervention in Kosovo in 1999. By revisiting the arguments used by state representatives, I show that, as expected in a legalized legitimacy system and contrary to what has become common knowledge about this case, legitimacy was gained through, not despite, international law. I analyze NATO's strategy of legitimation in detail and reconstruct it as a set of seven strategic moves, all of them appealing exclusively to the international legal discourse.
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Seow, Florence. "Indigenous Communities and Indigenous Children." International Journal of Children’s Rights 23, no. 4 (December 21, 2015): 844–66. http://dx.doi.org/10.1163/15718182-02304009.
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A move away from the traditional child-parent-state model of children’s rights in favour of a four-party model which includes indigenous communities can be identified in international legal discourse. The basis for this phenomenon can be found in arguments for the preservation of indigenous culture. However, whether this argument is adequate for such a fundamental change in the conceptualisation of children’s rights is questionable. This article discusses various legal conceptualisations of children’s rights in academic literature and compares these with sociological theories of children’s development. It identifies an emerging four-party model of children’s rights in international legal discourse, and points to practical problems of implementation and weak philosophical justifications. The article concludes that a four-party model based on sociological theories of children’s development would assist in overcoming these weaknesses, and allow the incorporation of other social groupings into conceptualisations of children’s rights.
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Kent, George. "Rights and obligations in international humanitarian assistance." Disaster Prevention and Management 23, no. 3 (May 27, 2014): 214–21. http://dx.doi.org/10.1108/dpm-07-2013-0122.
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Purpose – The purpose of this paper is to propose a framework for understanding the rights and obligations of different parties in relation to international humanitarian assistance. Design/methodology/approach – Past discourse on rights and obligations of the parties in various types of humanitarian emergencies is critically reviewed. Various moral and legal principles are used to assess that discourse. Findings – Many governments emphasize their right to provide international humanitarian assistance, but appear reluctant to acknowledge any obligation to provide such assistance. Claims regarding the right to provide assistance under some conditions should be accompanied by acknowledgment of obligations to provide assistance under some conditions. Originality/value – This analysis encourages national governments and international agencies to go beyond asserting their rights to assist to also recognize obligations to assist under some conditions.
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Kraujutaitytė, Linutė. "Methodological Stories on Regional Governance." Regional Formation and Development Studies 8, no. 3 (January 25, 2022): 130–44. http://dx.doi.org/10.15181/rfds.v7i2.2369.
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We are participants of ever changing peripherization. A growing external control over social sciences has been spotted lately in academic community. This inspires to investigate a Lithuanian case on the discourse of regional governance in order to understand the impact of social research methodology in the processes of peripherization. With the intention to deemphasize domination, the article describes eleven stories designed for constituting methodological meanings of regional governance (RG) arrived at while reflecting upon public, academic and legal written texts. Texts were chosen to illustrate variety of international and national discourses, which manage the chain of reasoning on RG. The article ends with some insights on understanding RG and its methodological roots associated with three sets of principles drawn from qualitative research, quantitative research and discourse research.
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Simon, Hendrik. "Theorising Order in the Shadow of War. The Politics of International Legal Knowledge and the Justification of Force in Modernity." Journal of the History of International Law / Revue d’histoire du droit international 22, no. 2-3 (October 21, 2020): 218–45. http://dx.doi.org/10.1163/15718050-12340150.
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Abstract The History of International Law lacks systematic studies on the link between legal scholars and practices of justifying war. This missing analytical link has for a long time given the impression that legal scholars describe ‘state practice’ in an ‘objective’, unpolitical way. Contradicting this impression, the article turns to the politics of legal scholars in the genesis of the modern war discourse. It reflects on the fateful entanglement of violence, law and politics, but nevertheless distinguishes between ‘objective’ and ‘political’ scholarship on the basis of Hans Kelsen’s work. Furthermore, the article illustrates the politicisability of legal scholars in selected historical cases of the ‘long 19th century’ (1789–1918). In all cases, two hearts pounded in lawyers’ chests: one scientific, the other political. As will be shown, the modern war discourse is shaped by a phenomenon that enables scholars to expand the intrinsic limits to the political instrumentalisation of law: ‘multi-normativity’.
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Blutman, László. "IN THE TRAP OF A LEGAL METAPHOR: INTERNATIONAL SOFT LAW." International and Comparative Law Quarterly 59, no. 3 (July 2010): 605–24. http://dx.doi.org/10.1017/s0020589310000242.
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AbstractInternational soft law as a legal metaphor has become part of legal discourse. The author argues not only that the term itself is misleading and contradictory, but that the terminological problem indicates deeper doctrinal difficulties which soft law theories should overcome. Identifying two main streams of these theories, the article provides a short review of the fundamental arguments for the existence of soft law. It distinguishes between two lines of arguments, ie functional arguments and proximity arguments, evaluates their coherence and explanatory power, and finds that these arguments fail to lay a coherent and persuasive foundation for international soft law. The author concludes by pointing out that non-legal norms may have essential regulatory functions in international relations but the law and non-law distinction should be maintained, and separating soft law as a distinct category is unwarranted.
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Magomedova, O. S. "Concept of International Legal Policy in Foreign Comparative Legal Studies." Moscow Journal of International Law, no. 3 (December 26, 2020): 27–43. http://dx.doi.org/10.24833/0869-0049-2020-3-27-43.
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INTRODUCTION. International legal policy is a new object in international legal studies, although this phenomenon exists as long as the external relations of States. International legal policy is a rare case of research subject, which remains unexplored. International legal policy as a Concept of State's policy towards legal aspects of international relations was formed in the 80-s of last century. Earlier the questions and their particular aspects now embraced by international legal policy were divided between international lawyers and international relations researchers. However international legal policy is an integral system of State's approaches to international legal matters, therefore its punctual research is relevant only from comparative point of view. It would be interesting to compare States' positions on concrete issues or States' tactics at different stages of realization of international legal norms. This article concerns the question whether comparative studies of international legal policy can be integrated into existing fields of comparative foreign relations law or of comparative research of international law.MATERIALS AND METHODS. The article surveys theoretic questions primarily on the base of doctrinal sources. The retrospective analysis of the comparative method in international law is based on works published by Russian and foreign experts during the XX century. Particular attention is drawn upon works of founders of comparative research in international legal studies. The concept of foreign relations law in the scholarship and practice of the U.S. is researched on the base of national case law, which formulated the principle of executive exceptionalism in State foreign policy. Research work is realized with the use of analysis, synthesis, systematisation, as well as methods of historical and comparative method.RESEARCH RESULTS. The Article consistently reveals meaning and the content of international legal policy as one of the authors of the concept, French lawyer and diplomat G. de Lacharriere, presented it. The Article examines the history of foreign relations law in the U.S. and presents its doctrinal estimations from viewpoint of American constitutional law. The research work specifies different points of view on content of foreign relations law and approaches to its justification. Indeed international legal policy and foreign relations law can be compared as two types of State’s approach to its legal position on the international scene. There are six parameters for comparison: sources, functions, subjects of both concepts, questions on allocation of foreign powers in the State, on relationship between international and national law, on the role of national courts in interpretation and application of international norms. In consideration of “national interest” concept the attribution of international legal policy to international organisations or supranational association is judged as incorrect. The article examines the question of applicability of comparative method in the international law within the discourse among scholars on how differently modern States evaluate international legal norms. Analysis of the tendency to contrasting States’ approaches to the international law encompasses its development from notions “international law of transitional period”, “international legal systems”, to notions “national approach”, “legal style”, “legal culture”. Brief survey of comparative international law gives perspective on diversity of approaches to comparable aspects of the international law. Comparative studies of international legal policy could get consolidated among them.DISCUSSION AND CONCLUSIONS. At first sight the comparative method is hardly applicable to the international law. However the universality of the international law doesn’t exclude variety of approaches to it. The research into international legal policy determined by national interests of every State allows to systemize positions of a State into a single strategy. At the same time comparative method doesn’t only provide classical comparison of States’ positions by issues, but also offers to compare inner-workings of the international legal policy and shaping factors. Nowadays in the context of trends on diversification of international relations (fragmentation, regionalisation), growing popularity of the comparative method translated into comparative foreign relations law and comparative international law. However international legal policy doesn’t correspond with categorial apparatus of comparative foreign relations law. International legal policy is nor able to apply methodological tenets of comparative international law due to its multivalued content. Most likely comparative studies of international legal policy can become a new approach within comparative international law, which should be based on the principles of concreteness and consistency.
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Shestakova, Kseniia Dmitrievna, and Almira Saipulaevna Wissenberg. "Evolution of discourse on fragmentation of international law." Международное право, no. 1 (January 2020): 29–49. http://dx.doi.org/10.25136/2644-5514.2020.1.29871.
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In this article the authors examine the development of modern international law in terms of the discourse on fragmentation, and set the following goals: 1) determine the phenomenon of “fragmentation” and systematize the reasons for the emergence of discourse on fragmentation; 2) trace the evolution of scientific views upon fragmentation as a phenomenon; 3) considering the currently prevalent views upon the mechanism of development of international law, as well as prevention and settlement of conflicts of norms within international law, repeatedly assess some traditional examples of “fragmentation” as the logical processes or processes posing a threat to the integrity of international law. As the examples, the article analyzes such classical disputes as the Decision of the Appeals Chamber of the International Criminal Tribunal for the. Former Yugoslavia in the case of Dusko Tadic, as well as decision of the UN International Court on Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro), series of cases regarding MOX plant, CME and Lauder v. Czech Republic, and others. It took almost a quarter of century for the science of international law – since the beginning of discussion of fragmentation until the “farewell” with fragmentation – to accept itself as an integral, but flexible legal system over again. The conclusion is made that the discourse on fragmentation and utilization of the term “fragmentation” had a so-called therapeutic effect for the theory of international law, allowing it to shift the focus, reassess and reconsider itself as a system that existed in all diversity and multiplicity of actors engaged in the process of its creation and application.