Comparative Law and Overcoming the Fragmentation of the Modern International Law

The confrontation initiated by Western countries that began almost immediately after the end of World War II contributed to the division of the world. The collapse of the USSR, a global competitor to Western countries, ultimately led to the disruption of core international agreements that defined the principles of world order after World II. This, in turn, deprived modern international law of a unified core, turning it into a fragmented collection of rules. An example is the rules of international trade formulated in the GATT/WTO treaties. Tariff wars and the imposition of unilateral sanctions are destroying the international economic order. The attempts to minimize the role of the state by introducing the idea of limiting jurisdictional immunity and the transfer of certain public functions to non‑governmental organizations have contributed to the destabilization of the global legal order. Against this backdrop, associations of states, which have formed not only national legal orders but also systems of regional cooperation, are beginning to play an increasingly active role in international relations. This article, based on the authors’ presentations at the XV International Congress of Comparative Law, “Fragmentation of Law and the Challenges of Overcoming It” (the Institute of Legislation and Comparative Law under the Government of the Russian Federation, November 19–20, 2025), analyzes the traditions of Latin American countries, former British Empire states, and African states. The authors note that in these countries, the role of the state is not only unquestioned but, on the contrary, is viewed as a driving force for progress and prosperity. A comparative study of the legal systems of new states contributes to overcoming the fragmentation of modern law.