Non-Fiction Books:

General Principles as a Source of International Law

Art 38(1)(c) of the Statute of the International Court of Justice
Click to share your rating 0 ratings (0.0/5.0 average) Thanks for your vote!

Format:

Paperback / softback
$185.00
Available from supplier

The item is brand new and in-stock with one of our preferred suppliers. The item will ship from a Mighty Ape warehouse within the timeframe shown.

Usually ships in 3-4 weeks
Free Delivery with Primate
Join Now

Free 14 day free trial, cancel anytime.

Buy Now, Pay Later with:

4 payments of $46.25 with Afterpay Learn more

6 weekly interest-free payments of $30.83 with Laybuy Learn more

Availability

Delivering to:

Estimated arrival:

  • Around 14-26 June using International Courier

Description

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.

Author Biography:

Imogen Saunders is Lecturer in Law at the Australian National University, Canberra.
Release date NZ
October 20th, 2022
Audience
  • Tertiary Education (US: College)
Pages
304
ISBN-13
9781509946624
Product ID
35294487

Customer reviews

Nobody has reviewed this product yet. You could be the first!

Write a Review

Marketplace listings

There are no Marketplace listings available for this product currently.
Already own it? Create a free listing and pay just 9% commission when it sells!

Sell Yours Here

Help & options

Filed under...