General Principles of Law as Applied by International Courts and Tribunals
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Product details:
- Publisher Cambridge University Press
- Date of Publication 2 November 2006
- ISBN 9780521030007
- Binding Paperback
- No. of pages544 pages
- Size 235x155x30 mm
- Weight 765 g
- Language English 0
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Short description:
In this book, Cheng aims to inquire into the practical application of the general principles of law by international courts and tribunals.
MoreLong description:
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.
'This is a large and methodical study of those decisions and dicta of international tribunals which disclose 'the general principles of law recognised by civilised nations' enshrined in Article 38 (1) (c) of the International Court's Statute ... Dr. Cheng has joined wide research to great good sense and lucidity of study, and it is a safe prediction that this book will become a standard.' International and Comparative Law Quarterly
Table of Contents:
Foreword Georg Schwarzenberger; Preface; Tables; Abbreviations; Introduction; Part I. The Principle of Self-Preservation: Introductory; 1. Territorial application of the principle; 2. External application of the principle; Part II. The Principle of Good Faith: Introductory; 3. Good faith in treaty relations; 4. Good faith in the exercise of rights (the theory of abuse of rights); 5. Other applications of the principle; Part III. General Principles of Law in the Concept of Responsibility: 6. General notions; 7. The principle of individual responsibility; 8. The principle of fault; 9. The principle of integral reparation; 10. The principle of proximate causality; Part IV. General Principles of Law in Judicial Proceedings: Introductory; 11. Jurisdiction; 12. Power to determine the extent of jurisdiction (comp&&&233;tence de la comp&&&233;tence); 13. Nemo debet esse judex in propria sua causa; 14. Audiatur et altera pars; 15. Jura novit curia; 16. Proof and burden of proof; 17. The principle of res judicata; 18. Extinctive prescription; Conclusions; Appendices; Index.
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