1 The Fragmentation of International Law and Its Integration: Interpretation and Article 31(3)(c) of the 1969 Vienna Convention

Abstract

The fragmentation of the international legal order had overlooked the need to attain uniformity and legal unity. The quest to solve problems posed by the fragmentation of law has raised a pertinent issue concerning the interpretation and application of rules. The interpretation and application of rules are central to the resolution of problems of legal fragmentation regardless whether the problems are resolved through a traditional school of international law that engages existing legal mechanisms to deal with the problem; or a more revolutionary approach that promotes the development of regimes geared towards institutional interactions and cooperation. This chapter examines the problematique arising from the fragmentation of international law and introduces the central proposition to develop the potential of Article 31(3)(c) of the 1969 Vienna Convention as a tool that integrates the corpus of international law relevant to the obligation to preserve ecosystems of international watercourses.Keywords: 1969 Vienna Convention; Article 31(3)(c); fragmentation of international law; international watercourses; interpretation of rules; legal mechanisms; preserve ecosystems