![General Principles of Law as Applied by International Courts and Tribunals, Etc. [With a Bibliography.]. PDF](https://books.google.com/books/content/images/frontcover/gyofMwEACAAJ?fife=w150-h200)
Author: Bin CHENGPublisher:
ISBN:
Category :
Languages : en
Pages : 490
Book Description
General Principles of Law as Applied by International Courts and Tribunals, Etc. [With a Bibliography.].
![General Principles of Law as Applied by International Courts and Tribunals, Etc. [With a Bibliography.]. PDF](https://books.google.com/books/content/images/frontcover/gyofMwEACAAJ?fife=w80-h100)
Author: Bin CHENGGeneral Principles of Law as Applied by International Courts and Tribunals
Author: Bin ChengPublisher: Cambridge University Press
ISBN: 0521030005
Category : Law
Languages : en
Pages : 0
Book Description
In this book, Cheng aims to inquire into the practical application of the general principles of law by international courts and tribunals.
General Principles of Law and International Due Process
Author: Charles T. KotubyPublisher: Oxford University Press
ISBN: 019064270X
Category : Law
Languages : en
Pages : 305
Book Description
Article 38 of the Statute of the International Court of Justice defines "international law" to include not only "custom" and "convention" between States but also "the general principles of law recognized by civilized nations" within their municipal legal systems. In 1953, Bin Cheng wrote his seminal book on general principles, identifying core legal principles common to various domestic legal systems across the globe. This monograph summarizes and analyzes the general principles of law and norms of international due process, with a particular focus on developments since Cheng's writing. The aim is to collect and distill these principles and norms in a single volume as a practical resource for international law jurists, advocates, and scholars. The information contained in this book holds considerable importance given the growth of inter-state intercourse resulting in the increased use of general principles over the past 60 years. General principles can serve as rules of decision, whether in interpreting a treaty or contract, determining causation, or ascertaining unjust enrichment. They also include a core set of procedural requirements that should be followed in any adjudicative system, such as the right to impartiality and the prohibition on fraud. Although the general principles are, by definition, basic and even rudimentary, they hold vital importance for the rule of law in international relations. They are meant not to define a rule of law, but rather the rule of law.
International law as applied by international courts and tribunals
Author: General principles of law as applied by international courts and tribunals, with a foreword by G. Schwarzenberger
Author: Bin ChengPublisher:
ISBN:
Category : International law
Languages : en
Pages :
Book Description
The General Principles of Law as Applied by International Tribunals to Disputes on Attribution and Exercise of State Jurisdiction
Author: Alexander Marie StuytPublisher: Springer
ISBN: 9401509557
Category : Law
Languages : en
Pages : 281
Book Description
When war is being waged, man is inclined to ask himself whether only force is governing the relations between States. War, it is argued, rests on a fact, not on law, and so the existence of international law, asa body of rules applicable to the relations between States or to the relations between States and international institutions, is called into question. Is international law-both the law of peace and of war-really based on general principles of law, such as domestic law, or is it but a conception of the spirit? The problem of the significance of general principles in international law has already been examined bi; many authors, especially in relation to article 38 {sect} 3 of the Statute of the Permanent Court of International Justice, which Court is to apply, apart from international conventions and custom, "the general principles of law recognized bij civilized nations." The purpose of this study was to construct a new method of inquiry into the general principles, upon which international law is based. International law is unwritten law. Its positive rules must be sought in treaty texts, diplomatic correspondence, or decisions of interna tional tribunals. The latter material will be especially used in this study, so as to avoid data of a rather political and subjective nature. Moreover, the international judge or arbitrator is mostly asked to 1 apply general rules of international law.
General Principles and the Coherence of International Law
Author: Mads AndenasPublisher: BRILL
ISBN: 9004390936
Category : Law
Languages : en
Pages : 474
Book Description
General Principles and the Coherence of International Law offers a comprehensive analysis of general principles of law, assessing their role in guaranteeing the coherence of the international legal system.
General Principles as a Source of International Law
Author: Imogen SaundersPublisher: Hart Publishing
ISBN: 9781509936090
Category : Electronic books
Languages : en
Pages :
Book Description
"This book provides a comprehensive analysis of an often neglected, misunderstood and maligned source of international law. Article 38(1)(c) of the Statute of the International Court of Justice sets out that the Court will apply the 'general principles of law recognized by civilized nations'. This source is variously lauded and criticised: held up as a panacea to all international law woes or denied even normative validity. The contrasting views and treatments of General Principles stem from a lack of a model of the source itself. This book provides that model, offering a new and rigorous understanding of Article 38(1)(c) that will be of immense value to scholars and practitioners of international law alike. At the heart of the book is a new tetrahedral framework of analysis - looking to function, type, methodology and jurisprudential legitimacy. Adopting an historical approach, the book traces the development of the source from 1875 to 2019, encompassing jurisprudence of the Permanent Court of International Justice and the International Court of Justice as well as cases from international criminal tribunals, the International Criminal Court and the World Trade Organisation. The book argues for precision in identifying cases that actually apply General Principles, and builds upon these 'proper use' cases to advance a comprehensive model of General Principles, advocating for a global approach to the methodology of the source"--
General Principles of Law in the Jurisprudence of International Courts and Tribunals
Author: General Principles as a Source of International Law
Author: Imogen SaundersPublisher:
ISBN:
Category : International law
Languages : en
Pages : 1002
Book Description
Article 38(1)(c) of the Statute of the International Court of Justice ('ICJ') has a long and chequered history. It has been denounced and exalted; both by courts and commentators. The discussion of the general principles of law is littered with assumptions which are rarely fully unpacked. Commentary by publicists is sometimes best understood as the product of their theoretical backgrounds, not expressly substantiated with reference to the actual use of the source by international courts and tribunals. Conversely, historical judicial use of the general principles of law often failed to address the theory underpinning the source. As a result, discussion of the source is fractured; and there is a trend both of undervaluing and underutilising Article 38(1)(c) as a source of international law. The thesis identifies four main contentious areas regarding the source: its function, jurisprudence, methodology, and type. These four areas are assessed; first against the historical development of the source itself, from the 1875 Draft Arbitral Procedure Regulations to the introduction of the source into the Statute of the Permanent Court of International Justice ('PCIJ'); second against judicial treatment of the source by the PCIJ, the ICJ and other international courts and tribunals; and finally against the commentary of publicists. In adopting this structure, the thesis demonstrates that some of the argued strictures on the source have no basis in either its development or application, but are rather a consequence of unspoken assumptions. Further, it develops a model of the general principles of law that is consistent with the source's history, and provides an objective rule of recognition for establishing norms of international law. The general principles of law must be understood in their proper temporal context. Thus, notions of globalism and 'civilization' are addressed, and the source is assessed against current understandings of these terms. Further, the temporal context impacts in relation to the growth of international law generally, and in confidence in international adjudication specifically, as well as information technology advancements (in particular full text searchability and the development of the internet). By entrenching the model of general principles in the source's historical development, this thesis considers the impact of these new, or changing, paradigms to the source without violating the model's historical integrity. Indeed, some of these developments strengthen the application, use and justification of the source. The value of the work is further shown in a final case-study, applying the model developed in the thesis to the area of cyber-crime. Here, the usefulness of Article 38(1)(c) as a source distinct from customary international law is demonstrated. Although there is often a tendency for the two sources to be conflated, a proper understanding of the general principles of law reveals it to be an independent source of law, uniquely suited to act in some situations where treaties do not exist, and custom cannot.