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Panel #2 Discussion Questions on Fragmentation

International Law Review 2008 Symposium

"WTO Law and Practice: The State of the Discipline"

Joel P. Trachtman

 

  1. What do we mean by fragmentation? 

     

  2. How does fragmentation of legal rules relate to fragmentation of legal fora? 

     

  3. When is fragmentation good?  Is fragmentation consistent with subsidiarity? 

     

  4. How can policy-makers deal with fragmentation in the texts of treaties? 

     

  5. To what extent does the Vienna Convention on the Law of Treaties provide a satisfactory response to fragmentation?  How could it be improved? 

     

  6. How can tribunals deal with fragmentation?  What is the best way for policy-makers to formulate the mandate to tribunals?  Is there a default mandate to tribunals, and if so, what does it include?

     

  7. To what extent is fragmentation a "constitutional" problem in the international system?

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