Challenges of Harmonization: Critically Assessing Systemic Integration in Human Rights Law

Abstract

International legal experts and courts view systemic integration as a possible solution to challenges caused by the fragmentation of public international law. However, this article critically examines its effectiveness within the realm of human rights treaties. It argues that systemic integration often presents significant issues related to interpretation and jurisdiction. Moreover, adopting this approach may lead to a less varied international legal landscape. Therefore, while systemic integration offers a potential remedy for legal fragmentation, particularly in the context of human rights, its implementation must be approached cautiously due to the complexities it introduces regarding interpretation, jurisdictional matters, and the potential impact on the diversity of international law.