The Proliferation of Special Regimes and the Unity of the International Legal System
(2024) In Liverpool Law Review- Abstract
International law is becoming increasingly more specialized and diversified. In response to these developments, international lawyers now widely refer to international investment law, European human rights law and many other branches as ‘special regimes’. Scholars in the field see the proliferation of special regimes as a threat to the unity of the international legal system. In so doing, they are applying the traditional definition of a special regime as a collection of norms. This article encourages readers to conceive instead of a special regime as a community of practice—as an activity structured around the normative presuppositions of the people and institutions that participate in it. This new understanding, the article argues, is... (More)
International law is becoming increasingly more specialized and diversified. In response to these developments, international lawyers now widely refer to international investment law, European human rights law and many other branches as ‘special regimes’. Scholars in the field see the proliferation of special regimes as a threat to the unity of the international legal system. In so doing, they are applying the traditional definition of a special regime as a collection of norms. This article encourages readers to conceive instead of a special regime as a community of practice—as an activity structured around the normative presuppositions of the people and institutions that participate in it. This new understanding, the article argues, is compatible with all predominant theories of law. When you adopt it, importantly, the proliferation of special regimes does not have the disintegrating effect that many scholars believe it to have.
(Less)
- author
- Linderfalk, Ulf LU
- organization
- publishing date
- 2024
- type
- Contribution to journal
- publication status
- epub
- subject
- keywords
- Fragmentation of international law, International law, Special regimes, Unity of the international legal system
- in
- Liverpool Law Review
- publisher
- Springer
- external identifiers
-
- scopus:85192844663
- ISSN
- 0144-932X
- DOI
- 10.1007/s10991-024-09367-9
- language
- English
- LU publication?
- yes
- additional info
- Publisher Copyright: © The Author(s) 2024.
- id
- ad557cbd-a797-48c3-9407-b6b6f5e7a236
- date added to LUP
- 2024-05-27 15:00:28
- date last changed
- 2024-05-27 15:00:32
@article{ad557cbd-a797-48c3-9407-b6b6f5e7a236,
abstract = {{<p>International law is becoming increasingly more specialized and diversified. In response to these developments, international lawyers now widely refer to international investment law, European human rights law and many other branches as ‘special regimes’. Scholars in the field see the proliferation of special regimes as a threat to the unity of the international legal system. In so doing, they are applying the traditional definition of a special regime as a collection of norms. This article encourages readers to conceive instead of a special regime as a community of practice—as an activity structured around the normative presuppositions of the people and institutions that participate in it. This new understanding, the article argues, is compatible with all predominant theories of law. When you adopt it, importantly, the proliferation of special regimes does not have the disintegrating effect that many scholars believe it to have.</p>}},
author = {{Linderfalk, Ulf}},
issn = {{0144-932X}},
keywords = {{Fragmentation of international law; International law; Special regimes; Unity of the international legal system}},
language = {{eng}},
publisher = {{Springer}},
series = {{Liverpool Law Review}},
title = {{The Proliferation of Special Regimes and the Unity of the International Legal System}},
url = {{http://dx.doi.org/10.1007/s10991-024-09367-9}},
doi = {{10.1007/s10991-024-09367-9}},
year = {{2024}},
}