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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

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

Author: Marija Dordeska
Publisher: Brill Nijhoff
ISBN: 9789004375062
Published In: February 2020
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents

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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.

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