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International Law and the Significance of Disciplinary Boundaries

Special Regimes as Communities of Practice

Ulf Linderfalk (Lunds Universitet, Sweden) Eric De Brabandere (Universiteit Leiden)

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English
Cambridge University Press
28 November 2024
Over the last thirty or so years, international law and legal practice have become increasingly more specialized and diversified. These developments come with an increasingly divergent legal practice, in what has been coined as 'special regimes'. This book proposes a new understanding of the concept of a special regime to explain why specialists in different fields of international law do similar things differently. It argues that special regimes are best conceived as communities of practice, in the sense of Etienne Wenger's theory of communities of practice. It explores how the theory of communities of practice translates to the context of international law and the concept of a special regime. The authors draw up an innovative methodology to investigate their theory, focused on the conduct of community members, and apply this method to selected case studies, offering an original approach to the understanding of the special regimes in international law.
By:   ,
Imprint:   Cambridge University Press
Country of Publication:   United Kingdom
ISBN:   9781009543200
ISBN 10:   1009543202
Pages:   220
Publication Date:  
Audience:   General/trade ,  ELT Advanced
Format:   Hardback
Publisher's Status:   Active
1. The concept of a special regime; 2. Special regimes as communities of practice; 3. A mutual engagement; 4. A joint enterprise; 5. A shared repertoire; 6. Special regimes and the fragmentation of international law.

Ulf Linderfalk is Professor of International Law at Lund University. He is a 'specialized generalist'. His research has examined issues such as normative conflict, legal hierarchy, legal interpretation, intertemporal law, legal principles, legal concepts, good faith, abuse of rights, proportionality, and the international legal system as such. Eric De Brabandere is Professor of International Dispute Settlement and Director of the Grotius Centre for International Legal Studies at Leiden University's Law School. He also practises in international law and (investment) arbitration (as partner with DMDB Law in Brussels).

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