Abstract:

Weighty disputes pursuant to fragmentation of international law had kept international law scholars occupied for a certain time. Especially in 1990’s establishment of new tribunals which have special subject matter had found feverish opponents. Main concern was conflict of judicial decisions within the international system and loss of ICJ’s authority in dispute settlement. In 2006 ILC had issued a report focusing on norm conflicts to avoid fragmentation of international law. Establishment of ITLOS had brought in the fragmentation concerns to the regime of international law of the sea. In this paper application of UNCLOS and judgments of ITLOS will be reviewed to ascertain the general international law references. Uses of the ILC’s methods by ITLOS will also be addressed. Besides, references to ICJ’s judicial decisions relevant to international law of the sea will be discussed whether application of UNCLOS and jurisdiction of ITLOS and arbitral courts engender the fragmentation of international law.

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