General Principles of Law and International Due Process: Principles and Norms Applicable in Transnational Disputes
 |
| Anteprima |
Article
38 of the Statute of the International Court of Justice defines
"international law" to include not only "custom" and "convention"
between States but also "the general principles of law recognized by
civilized nations" within their municipal legal systems. In 1953, Bin
Cheng wrote his seminal book on general principles, identifying core
legal principles common to various domestic legal systems across the
globe. This monograph summarizes and analyzes the general principles of
law and norms of international due process, with a particular focus on
developments since Cheng's writing. The aim is to collect and distill
these principles and norms in a single volume as a practical resource
for international law jurists, advocates, and scholars. The information
contained in this book holds considerable importance given the growth of
inter-state intercourse resulting in the increased use of general
principles over the past 60 years. General principles can serve as rules
of decision, whether in interpreting a treaty or contract, determining
causation, or ascertaining unjust enrichment. They also include a core
set of procedural requirements that should be followed in any
adjudicative system, such as the right to impartiality and the
prohibition on fraud. Although the general principles are, by
definition, basic and even rudimentary, they hold vital importance for
the rule of law in international relations. They are meant not to define
a rule of law, but rather the rule of law.
