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Max Planck Encyclopedia of International Procedural Law [MPEiPro]

Balancing Test

Pasquale De Sena, Lorenzo Acconciamessa

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 04 December 2021

Subject(s):
Judicial reasoning — Relationship between international and domestic law — Theory of international law

Published under the direction of Hélène Ruiz Fabri, with the support of the Department of International Law and Dispute Resolution, under the auspices of the Max Planck Institute Luxembourg for Procedural Law.

1 The balancing test is a judicial decision-making technique aimed at dealing with conflicts between two or more values, principles, legal interests, or policies. It is one of the so-called argumentative and ponderative judicial techniques aimed at reconciling competing principles and the values underlying them (Pino, 2014, 541). The adjudicator, in managing these conflicts, shall take into account all the relevant circumstances of the case and weigh the underlying competing interests and values. The outcome may be twofold: in some cases, one interest or value...
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