Analogy in International Law
- General principles of international law — Rule of law — Writings of publicists — Judicial decisions
Published under the auspices of the Max Planck Foundation for International Peace and the Rule of Law under the direction of Rüdiger Wolfrum.
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...