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.

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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
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article

Fragmentation as a reflection of the international legal system crisis: a terminological analysis

А. В. Сидоров
Current Issues of the State and Law
World Trade Organization Law
article

Fragmentation as a reflection of the international legal system crisis: a terminological analysis

А. В. Сидоров
article en

Abstract

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.

Current Issues of the State and Law
Openalex Percentile: Top 68%
World Trade Organization Law
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