Self-contained Regimes and their Relations with General International Law

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Abstract

One of the results of fragmentation in international legal order is creation of so-called self-contained regimes. These regimes are based on the principle of “lex specialis” and are relatively well-established in international case law. Although there are different understandings of the concept of self - contained regimes in international case law and doctrine, nowadays in its common concept, it is related to international responsibility. These regimes can be materialized in any area of international law subject to some obstacles (jus cogens, Charter of UN and rights of the third states). In this regard, the most important issue is the way of interaction between general international law and self-contained regimes and their reciprocal effects on each other. Depending on taking one of two different approaches to this issue, i.e., particularistic and universalistic approach, different aspects will emerge.

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