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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

(p.318) 8 Conflict Management through Priority Rules
The Law and Politics of International Regime Conflict

Dirk Pulkowski

Oxford University Press

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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