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The risk of possibly conflicting norms of customary international law (CIL) has received increased attention in recent international legal scholarship and practice. In the absence of commonly accepted or authoritative rules of conflict that may mitigate the ramifications which stem from a possible clash of opposing obligations under CIL, legal scholars and practitioners alike almost instinctively turn towards competent (judicial) authorities, thereby seeking advice on how to strike a balance between conflicting norms in conformity with applicable legal frameworks and regimes. Thus far, international courts and tribunals, including the International Court of Justice, have regularly refrained from outlining, conceiving and imposing coherent analytical and prescriptive means of establishing an equilibrium between (partially) opposing norms of CIL in situ. This chapter argues that international adjudicative bodies could contemplate resorting to the German constitutional law principle of practical concordance (praktische Konkordanz) and thereby draw on a legal methodology that has become well established and is regularly applied by the German Constitutional Court when ruling on fundamental rights.
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