Izvorni znanstveni članak
The European Union law - a self contained regime
Maja Seršić
; Pravni fakultet Sveučilišta u Zagrebu, Zagreb, Hrvatska
Sažetak
The author analyzes the characteristics of self-contained regimes, a concept which appeared in the theory of international law after the 1980 judgement of the International Court of Justice in the famous case concerning diplomatic and consular staff in Teheran. She examines whether diplomatic and consular law, human rights law and European Community (EC) law match with the theoretical model of self-contained regime, which excludes even residual application of general international law. Special attention is paid to the EC law which developed into efi cacious set of rules, with many specifi c characteristics, supranational elements, being one of them. She concludes that neither of the mentioned subsystems of international law satisfy the criteria of self-contained regime because if the mechanisms provided by the secondary rules of that regime fail, the general international law or another sybsistem of international law become again applicable. In the opinion of the author the existence of self-contained regime is not possible in practice since the rules devoted to a certain subject-matter, as developed as they may be, cannot exist in legal vacuum, isolated from general (international) law.
Ključne riječi
Hrčak ID:
35633
URI
Datum izdavanja:
12.4.2005.
Posjeta: 2.007 *