An annotation by Philip Dalgarno, Staff Editor PDF version available here. I. Introduction Among the canonical sources of international law listed in Article 38 of the Statute of the International Court of Justice, General Principles of Law (GPLs) have long…
Sahib Singh of the University of Vienna has posted a paper on SSRN titled The Ethics of Fragmentation: Formalism’s Fallacies and the Potential of International Law. The paper is interesting not least because it takes a serious and critical work at the fragmentation report of 2006, prepared for the International Law Commission by Martti Koskenniemi. Singh’s paper investigates the work of a first-rate scholar closely affiliated with NYU Law’s Hauser Global Law School program, and for that alone it would be worth reading for NYU international law students. But Singh’s paper is fascinating because it investigates the tension between Koskenniemi’s personal work and the report. Abstract after the jump.