self-contained Regimes and their problems In the perspective of contemporary international law
Abstract
The idea of self-contained Regimes demonstrates a genuine development in contemporary international law and the birth of new ideas. It also shows that different levels of international obligations can be applicable at the same time, and the ability of the international community to address many cases of pluralism in the legal discourse. This could be achieved through the legal mechanism recognized by the International Court of Justice and respected by states and various international legal personalities. Although these systems face several challenges and problems, practical application of them demonstrates the recognition of their importance and the necessity to deal with and consider them as one of the manifestations of the development of international law in relation to its fields and branches
References
- Dr. Khansaa Muhammad Jassim Al-Shamary, The Fragmentation of Public International Law in Light of the Diversity and Expansion of its Rules, Dar Al-Sanhouri, 1st Edition, Baghdad, 2021.
- Dr. Wael Ahmed Allaam, Conflict of Rules in Public International Law, Dar Al-Nahda Al-Arabiya, 1st Edition, Cairo, 2007.
- Anja Lindroos, Addressing Norm Conflicts in a Fragmented Legal System the Doctrine of Lex Specialis, Nordic J. International Law, 2005, Vol. 74.
- Antony Anghie and B.S. Chimni, "Third World Approaches to International Law and Individual responsibility in International Conflicts", in Steven R. Ratner and Annie-Marie Slaughter (eds), The Methods of International Law (Washington D.C.: ASIL, 2004).
- Bruno Simma, Self-contained regimes, Netherlands Yearbook of International Law, Volume 16 , December 1985 .
- Edwin D. Dickinson, "L'interprtation et l'application du doit international dans les pays Anglo-Americans", 129 RCADI (1970).
- Georges Scelle, Cours de droit international public (Paris: Domat - Montchrestien, 1948).
- Hedley Bull, The Anarchical Society. A Study of Order in World Politics (London:Macmillan, 1977) First edition.
- Hersch Lauterbach, The So-Called Anglo-American and Continental Schools of Thought in International Law"B.yb.I.L., vol. XII (1931).
- International Law Commission Study Group on Fragmentation, Koskenniemi, FRAGMENTATION OF INTERNATIONAL LAW: Topic (a): The function and scope of the lex specialis rule and the question of 'self-contained regimes , 2002.
- Kazimierz Gryzbowski, Soviet Public International Law: Doctrines and Diplomatic Practice (Leiden: A.W. Sijthoff, 1970); Tarja Lngstrm, Transformation in Russia and International Law (The Hague: Nijhoff, 2002).
- Zoller, E., Peacetime Unilateral Remedies: An Analysis of Countermeasures (Dobbs Ferry 1984).