The Meaning and Significance of Teleological Conflict in International Law

International law provides a series of “conflict rules”, all of which apply on the condition of the existence of a rule conflict. There are two ways of conceiving of the concept of a conflict of two rules. From the point of view of the logical conception, a conflict exists when two rules entail incompatible obligations. From the point of view of the teleological conception , a conflict exists when the application of two rules leads to different and irreconcilable results. These different conceptions are tied to different theories of law. Not surprisingly, they sometimes prompt different understandings of a state of affairs. Most lawyers would regard this as a problem best resolved by discarding one of the two conceptions. This article maintains the opposite position. When legal decision-makers are free to choose between different conceptions of a conflict, this helps to ensure the legitimacy of their decisions.