General Principles as a Source of International Law: Art 38(1)(c) of the Statute of the International Court of Justice (Studies in International Law)
Language: English
Published by Hart Publishing, 2022
- Softcover
- New
Seller: Ria Christie Collections, Uxbridge, United KingdomRia Christie Collections
AbeBooks seller since March 25, 2015
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In English.
Seller Inventory # ria9781509946624_new
- Title
- General Principles as a Source of International Law: Art 38(1)(c) of the Statute of the International Court of Justice (Studies in International Law)
- Author
- Saunders, Imogen
- Publisher
- Hart Publishing
- Publication year
- 2022
- Condition
- New
- Binding
- Soft cover
- Language
- English
- ISBN 10
- 1509946624
- ISBN 13
- 9781509946624
- Item weight
- 545 grams
- Series
- Book 51 of 52: Studies in International Law
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.
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Ria Christie Collections
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