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Max Planck Encyclopedia of Public International Law [MPEPIL]

Lex specialis

Dorota Marianna Banaszewska

Subject(s):
Conflict of laws — Lex specialis

Published under the auspices of the Max Planck Foundation for International Peace and the Rule of Law under the direction of Rüdiger Wolfrum.

1 The national legal systems that are in general hierarchical with regard to the relationship between legal norms have well-established relations between legal rules and principles as well as usually precise rules to decide on normative conflicts. Public international law (‘PIL’) is not hierarchical but horizontal, because it is based on the principle of the sovereign equality of States ( States, Sovereign Equality ). Although there is no single legislative will behind PIL, it is nevertheless a legal system consisting of legal principles and rules, and not just a...
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