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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