Practice question
A tribunal identifies a recognized general principle with content parallel to a treaty rule. Counsel argues that the principle is automatically inferior solely because it belongs to the general-principles category, so parallel operation is legally impossible. Under the ILC 2026 framework, which response is correct?
- Source category alone always ranks general principles below every treaty
- Parallel rules can never exist in international law
- All conflicts must be resolved by the judge's personal taste
- The framework rejects that automatic hierarchy and permits parallel rules, with conflicts addressed through accepted interpretation and conflict-resolution techniques
- General principles automatically override every treaty without analysis
Legal references
- International Law Commission, Conclusions on general principles of law (text adopted on second reading April 27, 2026), Conclusions 2–11: https://legal.un.org/ilc/texts/instruments/english/draft_articles/1_15_2026.pdf
- Statute of the International Court of Justice, Article 38(1)(c), (1)(d) and (2): https://legal.un.org/avl/pdf/ha/sicj/icj_statute_e.pdf
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