International public law is a legal system the scope of application of which is not determined by state borders. It is therefore a matter of fact that it is general in nature, which affects the fact that it is not conditioned by the legislation of individual states. In this perspective, one can say that, this law is a law "beyond boundaries" within the meaning of national borders. This approach shows that, international law goes beyond the boundaries of application of national law. This fact showing the absence of boundaries in the universal binding force of international law, however, does not preclude the existence of some divisions within it. They are related to the process of fragmentation which results in the separation of certain subsystems from this law. By this a division of international law into these subsystems, also called regimes is done. This, in turn, requires posing the question of whether the process of fragmentation threatens the unity of the international legal order. And whether the reverse process, referred to as constitutionalisation of this law, may be a specific remedy for this, which at the present stage of development of the international community is rather a certain postulate. An attempt to answer the above questions was adopted as the main purpose of this study, which will seek to resolve the essential question of whether international law is a law of divisions or a law beyond boundaries?
Data udostępnienia | 16 mar 2023, 11:00:03 |
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Data mod. | 16 mar 2023, 11:00:03 |
Dostęp | Publiczny |
Aktywnych wyświetleń | 0 |