Professor Barbara Stark’s article “International Law From the Bottom Up: Fragmentation and Transformation” has been published as the lead article in the University of Pennsylvania Law School’s Journal of International Law, Vol. 34, 2013.
The article examines the ongoing bottom-up transformation of international law as a normative process and the simultaneous fragmentation of international law as a structural process.
The thesis is that the structural transformation of international law — fragmentation — both supports and undermines the normative bottom-up transformation of international law. Fragmentation supports human rights even as it undermines less developed countries.