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Max Planck Encyclopedia of Public International Law [MPEPIL]

Analogy in International Law

Silja Vöneky

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 25 October 2021

Subject(s):
General principles of international law — Rule of law — Writings of publicists — Judicial decisions

Published under the auspices of the Max Planck Institute for Comparative Public Law and International Law under the direction of Professor Anne Peters (2021–) and Professor Rüdiger Wolfrum (2004–2020). 

1 Generally speaking, the use of a legal rule in an analogous way (per analogiam) means the application of a rule which covers a particular case to another case which is similar to the first but itself not regulated by the rule. The argumentum a maiore ad minus is a special type of legal reasoning by analogy. It says that a rule which covers a particular case A has to be applied even a fortiori to case B, as the underlying rationale of the legal rule covering A is even more decisive in regard to case B.2 To use a legal rule in an analogous way is a fast and...
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