Naslov
Some remarks on fragmentation of international law: disintegration or transformation?

Autori
Lapaš, Davorin

Izvornik
The Comparative and international law journal of Southern Africa (0010-4051) 40 (2007), 1; 1-29

Vrsta, podvrsta i kategorija rada
Radovi u časopisima, članak, znanstveni

Ključne riječi
international law; fragmentation; disintegration

Sažetak
In the last few decades international law has been faced with the process of proliferation and specialization of its primary norms (directed to the regulation of more and more complex international relations), as well as with the proliferation of secondary norms and international bodies directed to the interpretation and application of these primary norms. Being aware of such a process, the International Law Commission (ILC) at its fifty-second session in 2000 decided to include this “ syndrome” , already called the “ fragmentation of international law” , in its long-term program of work. Two years later, at its fifty-fourth session (2002) the Commission included the topic in its program of work and determined it to be carried out during the quinquennium 2003-2006. Starting from the recent works of the International Law Commission in 2004 and 2005, the paper deals with the problem of “ substantive” fragmentation of international law in the sense of the proliferation, not only international primary and secondary norms, but also international legal subsystems including self-contained regimes of international law (e.g. diplomatic law, EC/EU law, human rights law) analyzing at the same time their relationship with the international legal system as a whole. Finally, the paper analyzes the phenomenon of fragmentation in the light of principles of legal logic trying to give an answer to the question of the place of such a phenomenon in the development of international law.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

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