Abstract:

From the second half of the twentieth century, developments in the international arena have allowed international law to expand its scope and increase its effects. As a result of this expansion, detailed rules of international law are formed mainly on the basis of bilateral and multiple treaties between the states. Furthermore, sub-systems of international law have been created on geographical and subject bases. This process, at the same time, has brought concerns about the fragmentation and conflict of international rules. In 2006, International Law Commission (ILC), operating under the United Nations, published a report concerning how to remove the conflict and fragmentation between international rules. According to ILC, international law expands and functionally differentiates. However, on the basis of Vienna Convention on the Law of Treaties, concerns of fragmentation and conflict of international rules would be solved by using lex specials – lex generalis, lex prior-lex posterior, hierarchy in international law and the systematic integration techniques, which are classically used in national laws. Although the identification of the problem by ILC is correct, proposed techniques concerning the removal of conflict between international rules and to what extend these techniques ease concerns about the fragmentation of international rules are debatable

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