FRAGMENTATION OF INTERNATIONAL LAW AS A FACTOR OF FORMATION OF THE MODERN INTERNATIONAL LAW ORDER
Authors:   Alfred Nobel University, Perfilieva Anastasiia O. 
Published: July 2021

The article is devoted to the peculiarities of the formation of the international legal order in the process of evolution of international law. The development of international law is directly determined by the specifics of civilizational development and changes that occur in the international environment under the influence of globalization and regionalization. Globalization and regionalization are manifested respectively in the processes of unification and fragmentation of international law, becoming the content of the specifics of the processes in international legal relations at the current stage. The analysis of modern international legal relations, formed as a result of the principles and norms of international law in the context of globalization and regionalization, gives grounds to identify the manifestations of localization in international legal relations as a model of fragmentation of international law. The concept of fragmentation enters the science of international law at the beginning of the XXI century. Thanks to the discourse initiated by the UN Commission on International Law and is gradually gaining paradigmatic significance. Paradigmatic transformations of the science of international law are inevitable in the conditions of intensive development of international legal relations and provide further progress of science. The starting point of this process was the rejection of the unequivocally negativism interpretation of fragmentation as the opposite of integration and unification, which contradicts globalization. Therefore, today, in addition to the widely developed general international treaty and legal unification of domestic law, its regional unification is becoming more and more developed. Regional unification is also international, but it has a regional aspect, primarily related to the level of regional interstate integration. Integration practices are reflected in the relevant international treaties, especially those governing the establishment and operation of regional international associations. These associations are the organizational and legal shell for the development of regional international legal unification processes. Regionalization of international law, as well as its fragmentation in treatyformed international regions, is associated with the level and depth of relevant regional integration, which is a priority for states, and international law provides integration processes as a necessary tool for their regulation. Fragmentation is a natural process in the evolution of international law and is seen as a factor in the creation of modern international law. The international legal order has a contractual nature and a complex multicomponent structure. The process of forming the structure of the international legal order on the basis of a complex intertwining of uneven processes of regionalization and fragmentation is not yet complete. In the doctrine of international law, the complexity of the international legal order is determined from the standpoint of the number of elements and components, as well as their number and the relationship between them and the environment in which the legal order exists. It is obvious that the current stage of civilizational development is characterized by complexity and multidimensionality, which are reflected in the practices of creating a new international legal order based on the changes taking place in international legal relations. Therefore, fragmentation as a factor in the development of international legal relations becomes a factor in the formation of modern international legal order and determines its features.