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Conclusions And Implications Of Legalisation: A Special Regime?

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Chapter Summary

A good knowledge of the legal character helps to define useful boundaries or interrelationships with other legal and non-legal disciplines. This chapter draws some broad conclusions concerning the legal nature of international human rights. In addition to the benefits of clarity, the analyses in this study do raise the incidental but nevertheless important question of whether the legal characterisation of international human rights fuels the claim to a 'special regime' status. This is an important question that may throw some light on the debate concerning the so-called fragmentation of international law. The premium placed on a so-called international law perspective by the rapporteur raises the interesting question of whether, in practice, there is a distinct public international law standpoint that is distinguishable from that of international human rights law.

Keywords: international human rights; international law; legal character; legal disciplines



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