Description: General Principles As a Source of International Law : Art 381c of the Statute of the International Court of Justice, Paperback by Saunders, Imogen, ISBN 1509946624, ISBN-13 9781509946624, Brand New, Free shipping in the US 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 th is a new tetrahedral framework of analysis - looking to function, type, methodology and jurisprudential legitimacy. Adopting an historical approach, th 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. Th 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.
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Book Title: General Principles As a Source of International Law : Art 381c of
Number of Pages: 304 Pages
Language: English
Publication Name: General Principles As a Source of International Law : Art 38(1)(c) of the Statute of the International Court of Justice
Publisher: Bloomsbury Publishing
Item Height: 0.6 in
Subject: Public, International
Publication Year: 2022
Type: Textbook
Item Weight: 15.1 Oz
Author: Imogen Saunders
Subject Area: Law
Item Length: 9.2 in
Series: Studies in International Law Ser.
Item Width: 6.1 in
Format: Trade Paperback
