A Study On The Fragmentation Of International Law Ensuing From The Diversification Of International Dispute Settlement Regime

In the latter part of the 20^th century, the international dispute settlement field experienced a proliferation of international judicial bodies. This phenomenon has on the one hand, provided participants of international activities multiple choices for dispute settlement, and on the other hand, split the international law in parts, therefore, put the international law in danger of fragmentation because of the disorder between these international judicial bodies. Both the insulation from over emphasis on specialty or self-contain and conflicts in the interpretation of principles and rules of international law may cause conflicts of international law rules, which may undermine the legitimate basis of international law and discourage the confidence of states to third party dispute settlement. For this reason, some scholars criticize the trend of diversification of international dispute settlement regime and bring out the question of whether international law is able to maintain its unification. Meanwhile, some other scholars hold that not only the diversification of international law did not threaten the unification of international law but strengthened the role of international law and improved the applicability of international law rules in new era. This article is supposed to make a study on the influence of the diversification of international dispute settlement on the fragmentation of international law, with the aim of exploring ways of both maintaining the harmonization and unification of international law and making further development of international law in the background of diversification of international dispute settlement.This article is comprised of three chapters, the contents of which are as follows:Chapterâ… Difficulties of Fragmentation of International Law Ensuing from the Diversification of International Dispute Settlement. The difficulties mainly reflected in two points: jurisdictional conflicts and conflicts in judgment. An analysis on the Case Concerning the Conservation and Sustainable Exploitation of Swordfish Stocks in the South-Eastern Pacific Ocean between Chile and European Community and Tadic Case in this chapter showed conflicts between international dispute settlement regimes in jurisdiction and judgment, as well as its influence on international law.Chapterâ…¡Diversification of International Dispute Settlement in a Positive Light. Having brought out questions arising from diversification of international dispute settlement, this chapter mainly discussed the influence of diversified international dispute settlement on international law in positive perspectives. In addition to positive effects as enabling the legalized peaceful settlement of international disputes and enlarging the access to international dispute settlement, the author explored efforts made by the World Trade Organization and the International Tribunal on the Law of the Sea in preventing the conflicts between international judicial bodies and the fragmentation of international law. These facts manifested that, the international law is not in great danger under the interpretation of a totally disordered scheme of international judicial bodies. Actually, international judicial bodies have been constantly aware of the unification of international law. The international law will not go far in the way of fragmentation.Chapterâ…¢Solutions on the Fragmentation of International Law. In this chapter, the idea of a hierarchical structure of international judicial system advocated by many scholars is analyzed. However, the author holds that, neither the idea of putting the international court of justice as the appellate court or the higher court of international judicial system, nor the idea of enlarging the scope of advisory jurisdiction of international court of justice, is feasible due to the relevance of fundamental revolutions in the international court of justice and the United Nations. The author favors more of the idea of a lateral system of conversation between international judicial bodies. With inter communication, different international judicial bodies may reduce the possibility of conflicts in interpretation of identical or similar international law questions, and they may still maintain their independence and specialty. Every international judicial body may have the opportunity of experimenting and exploring the international law for its new developments.