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Max Planck Encyclopedia of International Procedural Law [MPEiPro]

Balancing Test: International Court of Justice (ICJ)

Enzo Cannizzaro

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 30 July 2021

Subject(s):
Margin of appreciation — Choice of law — Conflict of laws

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 term ‘balancing test’ is not technically precise. It broadly refers to a number of techniques aimed at settling conflicts or even indirect collisions between international law rules that cannot be settled by means of classical conflict-settling rules, such as lex specialis or lex posterior, on the basis of the analysis of the interest respectively underlying the conflicting or colliding rules. Although vastly heterogeneous, all the techniques using a balancing test are based on a tripartite logical procedure: first, they extract from each conflicting rule...
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