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Defining 'Self-contained Regime' - A Case Study of the International Covenant on Civil and Political Rights -

Runersten, Michael (2008)
Department of Law
Abstract
This thesis examines the definition of the term 'self-contained regime', a term firstly used by the International Court of Justice in the Tehran Hostages Case and since then discussed and analyzed by international scholars of international law. The term has been used to label a treaty or set of treaties in international law that set up a system of norms that to some extent exclude the applicability of general international law. It has however not been clearly established to what extent such an exclusion is possible and on which grounds such an exclusion has to be based. These questions are looked into in this thesis. In a second part of this thesis, the definition of the term self-contained regime is applied to the International Covenant... (More)
This thesis examines the definition of the term 'self-contained regime', a term firstly used by the International Court of Justice in the Tehran Hostages Case and since then discussed and analyzed by international scholars of international law. The term has been used to label a treaty or set of treaties in international law that set up a system of norms that to some extent exclude the applicability of general international law. It has however not been clearly established to what extent such an exclusion is possible and on which grounds such an exclusion has to be based. These questions are looked into in this thesis. In a second part of this thesis, the definition of the term self-contained regime is applied to the International Covenant on Civil and Political Rights (ICCPR). Other treaties in the field of human rights law have earlier been nominated as possible self-contained regimes due to the special enforcement mechanisms often included in the treaties. By carrying out a case study on the enforcement mechanisms in the ICCPR, it will be possible to pin down its relationship to general international law and to answer the question of whether the ICCPR constitutes a self-contained regime. (Less)
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author
Runersten, Michael
supervisor
organization
year
type
H3 - Professional qualifications (4 Years - )
subject
keywords
Folkrätt
language
English
id
1561624
date added to LUP
2010-03-08 15:55:29
date last changed
2010-03-08 15:55:29
@misc{1561624,
  abstract     = {This thesis examines the definition of the term 'self-contained regime', a term firstly used by the International Court of Justice in the Tehran Hostages Case and since then discussed and analyzed by international scholars of international law. The term has been used to label a treaty or set of treaties in international law that set up a system of norms that to some extent exclude the applicability of general international law. It has however not been clearly established to what extent such an exclusion is possible and on which grounds such an exclusion has to be based. These questions are looked into in this thesis. In a second part of this thesis, the definition of the term self-contained regime is applied to the International Covenant on Civil and Political Rights (ICCPR). Other treaties in the field of human rights law have earlier been nominated as possible self-contained regimes due to the special enforcement mechanisms often included in the treaties. By carrying out a case study on the enforcement mechanisms in the ICCPR, it will be possible to pin down its relationship to general international law and to answer the question of whether the ICCPR constitutes a self-contained regime.},
  author       = {Runersten, Michael},
  keyword      = {Folkrätt},
  language     = {eng},
  note         = {Student Paper},
  title        = {Defining 'Self-contained Regime' - A Case Study of the International Covenant on Civil and Political Rights -},
  year         = {2008},
}