General Principles of Law as Applied by International Courts and Tribunals
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The municipal codes of well over a dozen
countries expressly provide for the application of the general principles of law
in the absence of specific legal provisions or of custom, and the Statute of the
International Court of Justice stipulates that 'the general principles of law
recognised by civilised nations' constitute one of the sources of international
law to be applied by the Court; but the exact meaning and scope of this section
of the Statute have always been a subject of controversy amongst international
lawyers. In this printing of his classic 1953 work, Professor Bin Cheng inquires
into the practical application of these principles by international courts and
tribunals since the beginning of modern international arbitration with the Jay
Treaty of 1794, and presents them as a coherent body of fundamental principles
that in fact furnish the international legal system with its juridical basis.
Citations from nearly 600 international arbitral and judicial decisions amply
testify to the role of these principles in the international legal system and
illustrate their application in practically every important field of
international law.
