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Max Planck Encyclopedia of Public International Law [MPEPIL]

Treaties, Conflict Clauses

Nele Matz-Lück

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 20 January 2020

Subject(s):
Sovereignty — Customary international law — BITs (Bilateral Investment Treaties) — Treaties, effect for third states — Treaties, reservations and declarations — Object & purpose (treaty interpretation and) — Vienna Convention on the Law of Treaties

Published under the auspices of the Max Planck Foundation for International Peace and the Rule of Law under the direction of Rüdiger Wolfrum.

1 Conflict clauses, also known as savings clauses or compatibility clauses, are included in the texts of international treaties to regulate the relationship between the international agreement employing the clause and other treaties in order to resolve or prevent conflicts between provisions stemming from different legal instruments. The International Law Commission (ILC) defined a conflict clause in an international treaty as:a clause intended to regulate the relation between the provisions of the treaty and those of another treaty or of any other treaty relating...
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