Panel #2 Discussion Questions on Fragmentation
International Law Review 2008 Symposium
"WTO Law and Practice: The State of the Discipline"
Joel P. Trachtman
- What do we mean by fragmentation?
- How does fragmentation of legal rules relate to fragmentation of legal fora?
- When is fragmentation good? Is fragmentation consistent with subsidiarity?
- How can policy-makers deal with fragmentation in the texts of treaties?
- To what extent does the Vienna Convention on the Law of Treaties provide a satisfactory response to fragmentation? How could it be improved?
- 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?
- To what extent is fragmentation a "constitutional" problem in the international system?