General Principles of Law Sources of International Law Explained
Автор: Lex Animata Law Visualized | Hesham Elrafei
Загружено: 2021-04-25
Просмотров: 52700
GENERAL PRINCIPLES OF LAW Visualized | Sources of International Law
Article 38(1) of the Statute of the International Court of Justice (ICJ) lists four sources of international law
The general principles of law, are one of the sources of international law, alongside treaties and customary law.
They are abstract rules whose content is very general, sometimes reducible to a maxim or a simple concept.
A situation may happen where the court can not find an applicable law, to resolve the disputed problem.
In such instances, the judge will look for a relevant principle, to close the gap that might be uncovered in international law, in particular when treaties or customary rules are silent, and can not solve this problem, which is known as non-liquet.
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One crucial general principle of international law, is that of pacta sunt servanda, or the concept that international agreements are binding and must be observed.
res judicata is another example, when a matter upon which a final and binding judgment has already been passed, thereby preventing any later, conflicting judgment on the same matter
Estoppel is another legal principle that prevents a party from asserting or denying something in court, that contradicts what has already been established as the truth.
The principle of good faith, which means that all countries shall fulfill their obligations, sincerely and honestly, in accordance with the United Nations Charter.
There are other general principles related to due process , like the parties rights to be heard and to be treated equally before the court, and that The burden of proving weighs on the plaintiff
Another example of a general principle is the reparation of a wrong and ‘the full compensation of prejudice, by awarding to the injured party the direct loss, and the expected profits which are lost
while yet another general principle is that of proportionality of measures, especially in self-defence and use of force.
These general principles of law and others, can be found in decisions of international tribunals and national courts; or in the teachings of famous international law professors.
However, As new treaties and customary law develop to address areas of international concern not previously covered, the
significance of general principles will fade as these gaps in international law are filled.
#internationallaw #law
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