This forum will discuss and reassess the debate on the fragmentation of international law and its relationship with norms which concern global public goods, global commons and fundamental values. The phenomenon of fragmentation (whatever term is chosen to refer to it) is widely acknowledged. The question is how this phenomenon can be reconciled, if at all, with the simultaneous recognition of the universality of norms concerning global public goods, global commons and fundamental values. Is fragmentation only a phenomenon that affects legal regimes outside the category of these norms, and do such norms contain the threat of fragmentation? Or does it expose the weaknesses and shallowness of the rhetorical use of global public goods, global commons and fundamental values? Can we say that even within these categories we can identify fragmentation?
The panellists will examine whether it is possible to regard international law as a pragmatic and unifying factor in the regulation of fundamental values which are subsumed under different, professionally isolated and increasingly specialized regimes. In doing so, they will also discuss the coherence and effectiveness of various techniques for resolving conflicts of norms in international law, discussing issues such as: the status of the fragmentation debate; techniques of norm conflict avoidance and resolution,, specifically from the angle of global public goods, global commons and fundamental values; regionalism in international law; the role of the UN (through its various organs, such as the ICJ and the ILC) and other universal organizations in addressing fragmentation; divergences in professional training, identity and ideology in the practice of international law, also when it concerns global public goods, global commons and fundamental values; coherence in foundations doctrines of sources and interpretation.
Ellen Hey, Erasmus University Rotterdam
Nico Krisch, Graduate Institute of International and Development Studies, Geneva
Surabhi Ranganathan, University of Cambridge
Peter-Tobias Stoll, University of Göttingen