Fragmentation as a reflection of the international legal system crisis: a terminological analysis
The terminological apparatus related to such a crisis phenomenon in the international legal system as frag-mentation is considered. The aim of the study is to identify the specific meaning of the concept in question. The main types of fragmentation and related key terms are discussed. It is concluded that, firstly, the various interpretations of the fragmentation of international law, differing in their negative or neutral connotations, are united by the sema of division; secondly, each type of fragmentation corresponds to a key concept that conveys its essence: for substantive fragmentation, it is a self-contained regime, for procedural/institutional fragmentation, this is forum shopping. Thirdly, the historical nature of the fragmentation of international law is revealed in phrases such as European international law”, “American international law”, “socialist international law”. Fourthly, in some modern legal studies, fragmentation is examined within the framework of individual branches of international law, and in some works, the antonymous term “defragmentation” is used.
Authors
- А. В. Сидоров (ORCID: https://orcid.org/0000-0001-5335-2980)
Publication Details
- Journal
- Current Issues of the State and Law
- Published
- 2025-01-01
- DOI
- https://doi.org/10.20310/2587-9340-2025-9-3-353-365
- Primary Topic
- World Trade Organization Law
- Type
- article
- Field-Weighted Citation Impact
- 0.00