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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, 2015. All Rights Reserved.date: 22 October 2020

Subject(s):
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...
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