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The Law and Politics of International Regime Conflict$
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Dirk Pulkowski

Print publication date: 2014

Print ISBN-13: 9780199689330

Published to Oxford Scholarship Online: April 2014

DOI: 10.1093/acprof:oso/9780199689330.001.0001

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Conflict Management through Priority Rules

Conflict Management through Priority Rules

Chapter:
(p.318) 8 Conflict Management through Priority Rules
Source:
The Law and Politics of International Regime Conflict
Author(s):

Dirk Pulkowski

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199689330.003.0008

This chapter examines the management of regime conflicts through priority rules of international law. It argues that the most commonly used priority rules of international law — the lex specialis and lex posterior maxims — are inapt for adjudicating conflicts between different issue-specific regimes. Such regime conflicts bear a striking similarity to conflict-of-laws situations. Thus selective analogies to conflict-of-laws principles — imported into international law as ‘general principles’ within the meaning of Article 38(1)(c) of the Statute of the International Court of Justice (ICJ) — offer a more promising mechanism for managing regime conflicts.

Keywords:   international law, regime conflicts, lex specialis, lex posterior, conflict of laws

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