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ID:
176053
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| Summary/Abstract |
Continuing its work on the sources of international law, the International Law Commission decided, at its seventieth session, to include the topic “General principles of law” in its current programme of work. By taking up the topic, the Commission aims to shed light on various aspects of this source and provide guidance to States, international organizations, courts and tribunals and all others that may be called upon to deal with general principles of law. The present article provides an overview of the first debate on the topic that took place within the International Law Commission and the Sixth (Legal) Committee of the UN General Assembly in 2019, focusing on certain key issues that will be central to the treatment of the topic.
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| 2 |
ID:
185642
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| Summary/Abstract |
Currently, there exist several academic and legal questions on which common perception is not established among states. One of them concerns the interpretation of ‘general principles of law’ mentioned in Article 38(1)(c) of the Statute of the International Court of Justice. Variance in the interpretation of ‘general principles of law’ manifests itself mainly in controversies over whether they are principles of domestic law or international law and over the implication of ‘civilized nations’ that qualifies ‘general principles of law’. The article aims at analysing such divergent views surrounding ‘general principles of law’ and voicing the authors’ view on the matter. By examining the principles in comparison with international conventions and custom, and in terms of wordings employed in the relevant provisions, the article attempts to demonstrate that they must be viewed as principles shared by national law systems of certain states. It also argues that in view of the essential characteristics of international law, and in terms of the meaning of the term ‘civilized nations’, ‘general principles of law’ cannot be deemed a universal source of international law, and in particular, that since the phrase ‘civilized nations’ was not intended to include all states in the world, it is necessary to amend the relevant wording.
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