The S.S. Wimbledon Judgment: General International Law, ‘Objective Regimes’, ‘Self-Contained Regimes’ and Fragmentation of International Law: Then and Now

Malgosia Fitzmaurice; Agnes Rydberg

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Chapter 4 The S.S. Wimbledon Judgment

General International Law, ‘Objective Regimes’, ‘Self-Contained Regimes’ and Fragmentation of International Law: Then and Now

In: The Legacy of the Wimbledon Case

Authors:

Malgosia Fitzmaurice

Malgosia Fitzmaurice
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Agnes Rydberg

Agnes Rydberg
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Type:: Chapter

Pages:: 91–128

DOI:: https://doi.org/10.1163/9789004707979_006

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Abstract

Under Article 380 of the Treaty of Versailles, ‘the Kiel Canal and its approaches shall be maintained free and open to the vessels of commerce and of war of all nations at peace with Germany on terms of entire equality’. In the S.S. Wimbledon judgment, the Permanent Court of International Justice (PCIJ) held that Article 380 established an objective legal regime of the Kiel Canal and changed its legal status. The Kiel Canal ceased to be an internal and national waterway and became an international waterway for the ‘benefit of all nations of the world’. According to the Court, the provisions of Article 380 which established this ‘international and objective regime’ were ‘self-contained’; most likely the first time this term was introduced into the international legal vocabulary.

This chapter addresses the following four questions: 1) has the S.S. Wimbledon judgment been a first clear sign of a phenomenon known as ‘fragmentation of international law’; 2) what is the relationship between ‘international objective regimes’ and ‘self-contained regimes’; 3) what is the relationship between these regimes and general international law; and 4) do the forementioned issues have a different legal expression and dimension today than they had 100 years ago?

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The Legacy of the Wimbledon Case

Centenary of the First Judgment of the Permanent Court of International Justice

Series: Queen Mary Studies in International Law, Volume: 57

E-Book ISBN:: 9789004707979

Publisher:: Brill | Nijhoff

Print Publication Date:: 28 Jan 2025

Subjects
- International Law
  - International Law: General Interest
  - Private International Law / Conflict of Laws

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Chapter 4 The S.S. Wimbledon Judgment

General International Law, ‘Objective Regimes’, ‘Self-Contained Regimes’ and Fragmentation of International Law: Then and Now

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The Legacy of the Wimbledon Case

Centenary of the First Judgment of the Permanent Court of International Justice

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