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The ILC's New Response to the Fragmentation of International Law

7th November 2006

In August of this year, the International Law Commission completed a major study on "Fragmentation of International Law: Difficulties arising from the Diversification and Expansion of International Law." The Study Group's conclusions will be debated at the Sixth Committee this month. The Report is of the first significance for its searching analysis of the underlying phenomenon of fragmentation, and the emergence of self-contained regimes in international law. But it also offers a practical tool-box of techniques to enable international lawyers to tackle problems arising from the interrelation of different sources of international law. Professor McLachlan collaborated with William Mansfield, a member of the Commission, on a major element of the ILC study: the role of treaty interpretation in reducing fragmentation. In this lecture, he presents for discussion some of the more important insights to come out of the Commission's work.

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