Resolving ‘inherent normative conflict’
Preliminary classifications for conflict resolution
Solutions in the law of treaties, the law of state responsibility andThe conflict-avoidance techniques set out in the previous chapter may
fail. An apparent conflict then becomes a genuine conflict. Having validly
established it as a genuine conflict, resolution of a conflict of norms
may involve different disciplines of public international law. The law
of treaties, including the provisions of particular treaties, provides the
bulk of all conflict rules. Nonetheless, state responsibility is highly relevant. When it comes to acts of international organisations, international
institutional law must also be referred to.
international institutional law
‘Inherent normative conflict’ versus ‘conflict in theAs pointed out in chapter 4, a conflict of norms may take one of two
|(i) One of the two norms constitutes, in and of itself, breach of the
other norm. This is what we called an ‘inherent normative conflict’.
An inherent normative conflict will arise, for example, when a
norm conflicts with another norm of jus cogens or when an inter se
agreement is concluded by some parties to a multilateral treaty,
in breach of an explicit prohibition to conclude such agreement.
We examine the resolution of inherent normative conflicts in this
|(ii) Compliance with, or the exercise of rights under, one of the two
norms constitutes breach under the other norm. This is what we
referred to as ‘conflict in the applicable law’. Conflict in the
applicable law includes what we called earlier necessary conflicts and|
Questia, a part of Gale, Cengage Learning. www.questia.com
Book title: Conflict of Norms in Public International Law: How WTO Law Relates to Other Rules of International Law.
Contributors: Joost Pauwelyn - Author.
Publisher: Cambridge University Press.
Place of publication: Cambridge, England.
Publication year: 2003.
Page number: 275.
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