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The 'Disordered Medley' Of International Tribunals And The Coherence Of International Law

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Chapter Summary

Since the start of Colin Warbrick's professional career, international law has been diversified and its scope has expanded to the point that some commentators have written about its 'fragmentation'. This process of diversification and expansion has not been confined to substantive rules of law, and has extended to the administration of international justice. The creation of the International Tribunal for the Law of the Sea (ITLOS) raised doubts over the wisdom of having a standing judicial body for one part of international law. This chapter offers some personal views on these developments. The challenge is to avoid fragmentation and to maintain coherence, against the background of diversification and expansion. Within the disordered medley of international courts and tribunals, a conscious effort on the part of international judges to maintain coherence may be required. Here, the best approach is that of respectful coexistence and cooperation.

Keywords: International Court of Justice (ICJ); international law; International Law Commission (ILC); ITLOS



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