International Law Principles
International Law: General Principles
Introduction to International Law Principles
The phrase “general principles of law” appeared in the statute of the Permanent Court of International Justice, established in 1921, three years after the end of World War I (1914-1918). The court was directed to decide disputes brought before it on the basis of existing treaty law and customary international law. Some of the diplomats and lawyers drafting the statute of the court feared, however, that disputes might arise over new international issues for which there would be no settled custom or applicable treaty. They decided, and the nations voting for the statute agreed, to add a third source of law-“general principles of law recognized by civilized nations”-to allow the court to draw upon widely recognized legal principles in national law. In this way, the court would not have to refuse to settle a dispute because of the absence of international law. General principles that have been applied by the court and its successor, the United Nations International Court of Justice, include the “clean hands” doctrine (it is improper to accuse someone of misconduct that the accuser has also engaged in), the principle that individuals should not be a judge in their own dispute, and the principle of res judicata (a case that is decided cannot be tried again). ” (1)
Resources
Notes and References
- Information about International Law Principles in the Encarta Online Encyclopedia