It provides that the Draft Articles "do not apply to the extent that the response to a disaster is governed by the rules of international humanitarian law." (17) The ILC's commentary to this provision then provides that in certain situations, "the rules of international humanitarian law shall be applied as lex specialis
, whereas the rules contained in the .
Boklan, Associate Professor of the Higher School of Economics, scrutinized in her presentation the relationship between the law of the World Trade Organization (lex generali) and the law of the Eurasian Economic Union (lex specialis
as the lex specialis
, in reality this is not necessarily true.
war, IHL is the lex specialis
during situations of armed conflict, and
To prevent this, two principles must be employed: the prohibition of the abuse of rights, (28) which would indicate that attacking combatants of the territorial State is unlawful when self-defence is directed against a non-state group located therein; and human rights law as lex specialis
, since such killings of State combatants would be arbitrary and thus contrary to the right to life, being unnecessary and motivated by a circumstance created by the invading State.
It was anticipated to serve as lex specialis
, but the new law is opposite from the existing law on public prosecution and it is more like lex generalis.
Dinwoodie presents students, academics, researchers, and professionals working in a wide variety of contexts with a collection of scholarly essays and academic papers focused on the application of lex specialis
to a number of intellectual property law contexts.
Three principal arguments are advanced in support of the view that article I(2) refugees in host states party to both the 1951 and 1969Conventions are entitled to the full range of rights guaranteed by the former instrument: a lex specialis
argument, an equality argument, and finally, a treaty interpretation argument that is supported by certain general principles of international law.
Indeed, it appears scholars often want to see international law as a system (rather than a pluralist or fragmented agglomeration) in part because this makes it possible to apply traditional conflict of norms rules (such as the principles of lex posterior or lex specialis