تاملي در وحدت و كثرت نظام حاكم بر سيستم حقوق بين الملل

Some Considerations on the Unity and Fragmentation of International Legal System

Presently, there exists no homogeneous system of international law. International law consists of various elements; different partial systems; and universal, regional, or even bilateral subsystems and subsubsystems of different levels of legal cohesion. All these parts interacting with one another create what may paradoxically be called a "decentralized system", full of intra-systematic tensions, contradictions and frictions. The challenge is to find a balance between, the need for diversity and specialized regimes and solutions and also the importance of maintaining an overall framework or "system" of international law that offers a sufficient degree of security and coherence. Therefore the main focus of this paper is to analyze the concepts of unity and the fragmentation of international legal order. There is no single solution to the problem of conflict among the fragmentations of international law. Different solutions are needed for primary rules and for secondary rules, in particular in designing mechanisms of conflict avoidance and conflict solution. Although the international legal system already provides certain solutions to the problems discussed above, only when the international community is made fully aware of such problems can the disintegrative effect of fragmentation be eliminated.