Full Description
General Principles and the Coherence of International Lawprovides a collection of intellectually stimulating contributions from leading international lawyers to the discourse on the role of general principles in international law. Offering a comprehensive analysis of the doctrines, practices, and debates on general principles of law, the volume assesses their role in safeguarding the coherence of the international legal system.
This important book addresses the relationship between principles of law and the other sources of international law, explores the interplay between principles of law and domestic and regional legal systems and the role of principles of law with regard to three specific regimes of international law: investment law, human rights law and environmental law.
Contents
Editors' Introduction. General Principles and the Coherence of International Law: Setting the Scene
1 Cohesion, Convergence and Coherence of International Law
2 General Principles in the Jurisprudence of the ICJ
Part 1: General Principles and the other Sources of International Law
3 The Role of General Principles in Promoting the Development of Customary International Rules
4 General Principles of Law, Jus Cogens and the Unity of the International Legal Order
5 General Principles infra, praeter, contra legem? The Role of Equity in Determining Reparation
6 The Juridical Nature of General Principles
7 General Principles as Principles of International Legal Pragmatics: The Relevance of Good Faith for the Application of Treaty Law
8 Conclusions
Part 2: The Interplay with National and Regional Legal Systems
9 General Principles of EU Law and General International Law
10 The Interpretation of UN Security Council Resolutions between Regional and General International Law: What Role for General Principles?
11 The Role of Domestic Law in the Identification of General Principles under Article 38 (1)(c) of the Statute of the International Court of Justice
12 Conclusions: The Role of General Principles in a Multi-Layered Legal Setting
Part 3: General Principles and International Investment Law
13 General Principles of Commercial Law and International Investment Law
14 Unjust Enrichment as a Primary Rule of International Law
15 General Principles and the Coherence of International Investment Law: of Res Judicata, Lis Pendens and the Value of Precedents
16 Conclusions: Testing General Principles of Law in International Investment Law: Between Principles and Rules of International Law
Part 4: General Principles and International Human Rights Law
17 Deciphering and Revisiting the (Guiding) Principles on Business and Human Rights
18 Reparation Principles at the International Criminal Court
19 The Principle of Human Dignity in International Law
20 Conclusions
Part 5: General Principles and International Environmental Law
21 Environmental Impact Assessment and the Precautionary Approach: Why are International Courts and Tribunals Reluctant to Consider them as General Principles of Law?
22 General Principles Applicable to International Cultural Heritage Law
23 General Principles of International Environmental Law in the Case Law of International Courts and Tribunals
24 Conclusions
25 Concluding Remarks
Index
