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VIII Subsystems of International Law

From: The Sources of International Law (2nd Edition)

Hugh Thirlway

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 22 September 2023

Human rights remedies — International trade — International humanitarian law — Remedies — Remedies and costs

This chapter discusses the subsystems of international law. It covers human rights law, humanitarian law, international trade law, international environmental issues, and international criminal law. These subsystems of international law are sometimes considered to be self-contained regimes. The key aspect seems to be whether special remedies for non-compliance with the rules of the subsystem are provided for within the system, especially if they are asserted to be exclusive of the remedies provided by general international law. The key question is: may the law applicable within the framework of the regime in question be derived from some source peculiar to that regime, not being one of those recognized in Article 38 of the ICJ Statute?

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