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Determining hierarchy between conflicting treaties: are there vertical rules in the horizontal system?

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posted on 2023-06-08, 17:43 authored by Ahmad GhouriAhmad Ghouri
Treaties are contractual instruments that may provide special rules of priority in case they conflict with other treaties. When a treaty does not provide such rules, however, priority is determined by the rules of the Vienna Convention on the Law of Treaties (VCLT) and/or general principles of law. This article argues that both the VCLT and general principles of law do not provide an adequate solution to treaty conflicts. It suggests that the solution to treaty conflicts rests in a value-oriented reading of international law and the norms incorporated in treaties. Norms represent values and values represent interests or benefits for which international society requires protection. Conflicts of treaty norms are, therefore, conflicts of values that courts and dispute settlement bodies resolve by ordering a hierarchy of competing interests and protecting the most important interests in a given context.

History

Publication status

  • Published

File Version

  • Published version

Journal

Asian Journal of International Law

ISSN

2044-2513

Publisher

Cambridge University Press

Issue

2

Volume

2

Page range

235-266

Department affiliated with

  • Law Publications

Full text available

  • Yes

Peer reviewed?

  • Yes

Legacy Posted Date

2014-07-02

First Open Access (FOA) Date

2014-07-02

First Compliant Deposit (FCD) Date

2014-07-02

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