Self-contained Regime In The Context Of International Constitutionalism

With the development of International Community in recent years, the expandingregulation scope of International Law and the densely generated International Ruleshave shown a systematic trend which is with the Constitutionalized characteristics,reflecting international governance model transformation from the power-oriented tothe rule-oriented, coinciding with Limited Constitution and Power Decentralizationvalue of the Constitution Theory. So that this trend has been called InternationalConstitutionalism by scholars. In the perspective of Global Governance, InternationalConstitutionalism, relying on the international organization like United Nations, theEuropean Union and WTO etc., have get support from the interdisciplinary analysis ofConstitutionalism, International Law and Global Governance.However, in the situation of increasingly complicated structure, functionaldifferentiation and the increasing International legal branch of InternationalCommunity, the ordering of International Constitutionalism have faced the challengeof Fragmentation of International Law. Fragmentation have manifested as theconflicts of International rules, proliferation of International Judicial Bodies and theconflicts of Jurisdiction and Judgment. Nevertheless, Fragmentation seems to be some appearance which is related to the Self-Contained Regime. Self-Contained Regimemeans a correlation entirety of the Primary Rules and the Secondary Rules ofInternational Law and sometimes it also means a rule system or subsystem that settlesspecific problems with the pattern and rule differ from General International Law.Under this meaning it performs as a special-rules system contained Secondary Rules,is usually generated from the amendment or reenaction of a treaty or a series ofclosely related treaties.The Self-Containing of Self-Contained Regime is the origin of Fragmentationbut in some respects it also shows the consistency with InternationalConstitutionalism. On the logic starting point, the Rule-Oriented intension meets therequirement of International Constitutionalism. On the rules system, the legalhierarchy between Self-Contained Regime and Primary Rules embodies thesystematic nature and coordination of International Constitutionalism. The divisionalzed Ordered State due to the generation of Self-Contained Regime is consistent withthe tendency of International Constitutionalism. After the above demonstration, thetarget and manifestation of both Self-Contained Regime and InternationalConstitutionalism are in high level of consistence, which is focus to construct theRule-Oriented Model instead of Power-Oriented Model. In views of the Anarchy ofInternational Community, form of International Constitutionalism is inevitablydifferent from Domestic Constitutionalism. While the self-contained rules system inall sectorization resulted from Self-Contained Regime is appropriate.This article id divided into three chapter, with total of over25000words.The first chapter mainly introduces the basis issues of InternationalConstitutionalism and divided into three sections. The first section introduces theformation of International Constitutionalism Thought, and the second sectiondescribes the three representative doctrines about International Constitutionalism. Thethird section summarizes the connotation of International Constitutionalism.The second chapter describes the relationship between the Self-ContainedRegime and the Constitutional Dilemma, which is also divided into three sections.The three sections analyze respectively Fragmentation as appearance, Self-Contained Regime as internal and the Structural Power as root cause, clarifying the relationshipof all three.The third chapter reconstruct the Self-Contained Regime under the InternationalConstitutionalism context, divided into three sections. The first section demonstratesin basic value. The second section demonstrates in logic starting point and the thirdsection demonstrate in Constituent Power. All of the three sections display the internalconsistence between Self-Contained Regime and International Constitutionalism.