Systematising Systemic Integration: ‘War Refugees’, Regime Relations, and a Proposal for a Cumulative Approach to International Commitments
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War and refugees are at the crossroads between international humanitarian law, human rights, and refugee law. Yet, the interplay between the three regimes remains unclear. This article offers a systematization of available accounts, exposing their limits, and proposes an alternative, ‘cumulative’ approach to articulate their relationship. The final goal is to dispel persisting myths surrounding the fragmentation debate, contributing to the rationalization of the principle of systemic integration enshrined in Article 31(3)(c) of the Vienna Convention on the Law of Treaties (VCLT). The proposal is grounded in Article 31 VCLT taken as a whole, as underpinned by the principle of good faith. A procedural rule of conduct and a redefinition of norm conflicts lie at the heart of this conceptualization.
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