Alleged Fragmentation of International Law: Magnitude of the Problem and Available Solution

Abstract

Alleged fragmentation of international law is a phenomenon that is developing due to increased legal activities at international level. A sliced up international legal reflects the reality of conflicting rules and jurisdiction of various disputing bodies over one issue. Even the decision of one court seems to contradict the decision of a different (specialized) court. This is evident in comparison of the Nicaragua case and the Tadic case. The first decided by the International Court of Justice (ICJ) and the second decided by International Criminal Tribunal for former Yugoslavia (ICTY). This paper concludes that such conflicts are the natural consequences resulting from a complex interplay among various factors playing a role in shaping contemporary international law. The authors acknowledge such an alleged fragmentation and related problems and suggest the need to develop a framework which can resolve such technical problems.