Between Fragmentation and Democracy

Eyal Benvenisti is Whewell Professor of International Law at the University of Cambridge and the Director of the Lauterpacht Centre for International Law. He is also Professor of Law at Tel-Aviv University and Global Visiting Professor at New York University School of Law. George W. Downs (1946–2015), a member of the American Academy of Arts and Sciences, was a leading scholar of international relations, international security, human rights, international law, and public policy. He was a Professor of Politics, Chair of the Department of Politics (1998–2000), and Dean for Social Sciences (2000–9) at New York University. Prior to that, he had been a professor in the Department of Politics and the Woodrow Wilson School of Public and International Affairs at Princeton University, New Jersey (1987–98). He was the author of Optimal Imperfection?: Domestic Uncertainty and Institutions in International Relations (with David M. Rocke, 1995), and The Search for Government Efficiency: From Hubris to Helplessness (with Patrick D. Larkey, 1986), as well as numerous articles in political science, law, and public policy.

• Acknowledgments; 1. Introduction; 2. International political economy and the fragmentation of international law; 3. The impact of domestic politics on global fragmentation; 4. The brittle independence of international tribunals and its effects on fragmentation; 5. The emergence of interjudicial cooperation among national courts; 6. Interjudicial cooperation and the potential for democratization of the global regulatory sphere; 7. How global judicial 'countermajoritarianism' can enhance democracy and inclusion; Postscript; Table of cases; Bibliography.