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31 N.Y.U. J. Int'l L. & Pol. 919 (1998-1999)
Fragmentation or Unification: Some Concluding Remarks

handle is hein.journals/nyuilp31 and id is 927 raw text is: FRAGMENTATION OR UNIFICATION:
At the end of these two days of intensive debates, much of
what I thought I could say has already been said-and said
well: by Jonathan Charney yesterday, by Paul Szasz on an im-
portant point, and just now in the rich presentation by
Michael Reisman. But I am a simple man, and I feel lost
amidst all these contextual considerations. This is why I think
we should come back to basics, perhaps at a very simple level,
which may give us equally simple ideas about how to bring all
these strands together; but first I would like to make a prelimi-
nary methodological remark.
In much of our lengthy debates, we have been speaking at
cross-purposes, as a result of what social scientists call the
level of analysis problem. We were not always looking at the
same thing, at the same aspect, or from the same angle or dis-
tance. Part of the responsibility for this goes to David Ken-
nedy's polarized representation of positions, opposing one to
the other: Europeans v. Americans, unity v. diversity, law-as-
rules v. law-as-process, and so forth. Indeed, most classical as
well as so-called critical theories are based on such sharp op-
positions. In reality, however, the difference between these
categories is much less clear-cut than in these dichotomous
representations. In most cases, they are different faces of the
same coin or, rather, images of different moments, stages, or
movements along the same continuum. This is also true of the
theme of unity and diversity that is the subject of our Confer-
My ideas in this respect can be summarized in three seem-
ingly paradoxical propositions-but only seemingly, as I shall
* Professor of International Law, Graduate Institute of International
Studies, Geneva; Rennert Distinguished Professor, Global Law School Pro-
gram, NYU School of Law. SometimeJudge on the Appeals Chamber of the
International Criminal Tribunal for the Former Yugoslavia and for Rwanda.

Imaged with the Permission of N.Y.U. Journal of International Law and Politics

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