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COMENTARIOS SOBRE LA COLISIóN DE NORMAS Y PRINCIPIOS DEL MISMO NIVEL JERáRQUICO EN EL DERECHO INTERNACIONAL

Keywords: principles of the international law, judgment of proportionality, hierarchy, collision of norms, international law, law-theory, law - interpretation and construction.

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Abstract:

the relation between the norms and principles of international law has been a question scarcely studied. thus, we can understand the importance of the recent works of the commission of international law on the fragmentation of this order, which they have thrown considerable light on the matter. nevertheless, they remain many questions by clearing, like the collision among valid principles of equal hierarchical value. in the present work we show that these they are given in practice and besides there is not an answer accepted for the same. likewise, in the present work we explore the possible application of the judgment of proportionality, answer generally admitted by the general theory of the law and that we see that is adjusted well to the international order. the work, finally, is fruit of an investigation and original theoretical refection of questions of the core content of the international law.

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