In the last decades, international law has been challenged by the emergence of specialized regimes, such as trade law, human rights law, European law, which contributed to the fragmentation of international law. The scholarly debate has focused on the repercussions of these practices on the global order. The term “fragmentation” is used to refer to the division of international law into “regional or functional regimes with special interests and ethos.” This division represents a potential for conflict among different subsystems or courts. A relevant example is ICTY’s Tadic case deviating from the “effective control” test used by the ICJ in the Nicaragua case. There is fragmentation when two or more rules apply to the same issue and point in different directions; or one rule applies to a given matter but is interpreted differently. In other words, fragmentation occurs where two treaties or two tribunals suggest different ways of dealing with the same problem. Fragmentation ha...