General Principles of Law Recognized by Civilized Nations (1922-2018): The Evolution of the Third Source of International Law Through the Jurisprudence of the Permanent Court of International Justice and the International Court of Justice

International Law

General Principles of Law Recognized by Civilized Nations (1922-2018): The Evolution of the Third Source of International Law Through the Jurisprudence of the Permanent Court of International Justice and the International Court of Justice

By Marija Dordeska
Brill Nijhoff February 2020

Specifications

ISBN-13
9789004375062
Publisher
Brill Nijhoff
Publication
February 2020
Format
Hardback
Jurisdiction
Netherlands ? Countri(es) for reference only

Details

In General Principles of Law Recognized by Civilized Nations (1922-2018) Marija Đorđeska offers an account of the origins, theory and the practical application of the general principles in the jurisprudence of the Permanent Court of International Justice and International Court of Justice between 1922 and 2018. Are general principles rules of international law? What is their relationship to custom and treaties? What are the types of general principles and where do international courts find them? This monograph answers these and other questions concerning the general principles codified in Article 38(1)(c) of the Statute of the International Court of Justice, and offers and detailed overview of over 150 general principles ascertained in the international jurisprudence.

Table of Contents

General Principles in Theory
Origins of the General Principles
International Judicial Law-Making and the General Principles
What Are General Principles? Theory and Conclusions
Introducing the ‘Cube’
The Relationship between General Principles and Other Sources of International Law
General Principles in Practice
Research Methodology and Statistics
General Principles Ascertained by the Permanent Court of International Justice (1922–1940)
General Principles Ascertained by the International Court of Justice (1948–2018)
Case Study: The Evolution of the General Principle of Diplomatic Protection through the Court’s Jurisprudence (1924–2012)
Conclusion
Digest of General Principles Ascertained by the Permanent Court of International Justice and the International Court of Justice (1922–2018)
Digest of General Principles Ascertained by the Permanent Court of International Justice and the International Court of Justice (1922–2018)
Back Matter
Conclusions on General Principles
Dataset – Worksheet
Literature
Author Index
Case Index
General Index
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