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Principles Of Conflict Resolution

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Chapter Summary

In the event of interpretation not leading to a harmonious reading of two norms, a genuine conflict between world trade organization (WTO) law and the other norm exists. In anticipation of conflict with other norms, States sometimes enumerate in the text of international treaties methods of dealing with the situation. Thus, a treaty may contain explicit conflict clauses defining the relationship to pre-existing or future treaties or that very treaty. Even in the absence of explicit conflict clauses, there are implicit expressions of intent on what to do in the case of conflict. The question which needs to be answered is whether Article 3.5 United Nations Framework Convention on Climate Change (UNFCCC) and/or Articles 2.3 and 3.14 Kyoto Protocol entail such implicit conflict clauses. In the absence of conflict clauses, either explicit or implicit, resort to the principles of lex specialis and lex posterior may have to be taken.

Keywords: explicit conflict clauses; implicit conflict clauses; Kyoto Protocol; lex posterior; lex specialis; UNFCCC



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