Diversity or Cacophony? The Continuing Debate Over New Sources of International Law

Nicolaïdis, Kalypso & Tong, Joyce L.

Journal: Michigan Journal of International Law

Volume: 25

First Page: 1349

Year: 2004

Bluebook Citation: 25 MICH. J. INT'L L. 1349 (2004)

Author: Joyce L. Tong: all 1 publication


Abstract

We have reached a point when lawyers' commissions are summoned to discuss the consequences of legal proliferation as an ill threatening the standing of international law through incompatibility or irrelevance. Should this trend towards fragmentation be reversed? Should we devise a legal non-proliferation treaty? Or should we, conversely, welcome the current diversification in the sources of law as reflecting the realities of today's world, as a reflection of the flexibility and adaptability of law when the norm of sovereignty on which it is based is itself undergoing considerable recalibration?

In short: how should we deal theoretically as well as practically with the diversification of sources of law?

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