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1 - The Concept of a Special Regime

Published online by Cambridge University Press:  21 November 2024

Ulf Linderfalk
Affiliation:
Lunds Universitet, Sweden
Eric De Brabandere
Affiliation:
Universiteit Leiden
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Summary

A special regime is a subpart of the international legal system. This is why, in international legal discourse, there are several different conceptions of a special regime. For the same reason as lawyers disagree about the proper definition of the concept of international law, not only do they have different conceptions of an international legal system but they also assume different definitions of the concept of a special regime. There are considerable differences among the different conceptions of a special regime. This observation raises questions about their relative utility. Chapter 1 suggests the adoption of the conception that characterizes special regimes as communities of practice – as it helps to manage and control the effect of legal fragmentation compared to other conceptions.

Type
Chapter
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International Law and the Significance of Disciplinary Boundaries
Special Regimes as Communities of Practice
, pp. 1 - 22
Publisher: Cambridge University Press
Print publication year: 2024

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