Towards an Integrated, Predictable and Coherent International Legal System: A Defence of Proportionality Balancing

A response to Sué González Hauck In her post Sué González Hauck provides a thoughtful and critical perspective on proportionality balancing as a means to overcome fragmentation in international law. In my view, however, her perception overburdens proportionality balancing with assumptions and expectations that do not reflect its character. I will first lay out the understanding of proportionality which this comment relies on, before then discussing the arguments brought forth by …