General Principles as a Source of International Law

Language: English

Published by Bloomsbury Publishing PLC, GB, 2022

1509946624 / 9781509946624

Series: Book 51 of 52 - Studies in International Law

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Seller: Rarewaves.com USA, London, London, United KingdomRarewaves.com USA

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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.…

Seller Inventory # LU-9781509946624

Title
General Principles as a Source of International Law
Author
Imogen Saunders
Publisher
Bloomsbury Publishing PLC, GB
Publication year
2022
Condition
New
Binding
Paperback
Language
English
ISBN 10
1509946624
ISBN 13
9781509946624
Item weight
440 grams
Series
Book 51 of 52: Studies in International Law

Rarewaves.com USA

London, London, United Kingdom

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