E-resources
Peer reviewed
-
Shi, Xinxiang
Marine policy, February 2023, 2023-02-00, Volume: 148Journal Article
A central controversy relating to the UN International Law Commission’s ongoing project “General Principles of Law” is whether general principles of law “formed within the international legal system” could be regarded as part of Article 38(1)(c) of the Statute of the International Court of Justice (ICJ), which provides that the ICJ shall apply “the general principles of law recognized by civilized nations” in its decisions. This article examines the matter from a law of the sea perspective. Based on a comprehensive review of international judicial practice relating to law of the sea issues as well as the travaux préparatoires of the ICJ Statute, it is found that there is insufficient support for the inclusion of general principles of international law into the category of ‘general principles of law’ under Article 38(1)(c). From a lex ferenda perspective, however, instead of insisting on the two elements for the formation of customs which are rarely followed in judicial practice, it seems better to recognize that general principles of international law are part of general principles of law and endeavor to find consensus on the meaning of “recognition” under Article 38(1)(c).
Author
Shelf entry
Permalink
- URL:
Impact factor
Access to the JCR database is permitted only to users from Slovenia. Your current IP address is not on the list of IP addresses with access permission, and authentication with the relevant AAI accout is required.
Year | Impact factor | Edition | Category | Classification | ||||
---|---|---|---|---|---|---|---|---|
JCR | SNIP | JCR | SNIP | JCR | SNIP | JCR | SNIP |
Select the library membership card:
If the library membership card is not in the list,
add a new one.
DRS, in which the journal is indexed
Database name | Field | Year |
---|
Links to authors' personal bibliographies | Links to information on researchers in the SICRIS system |
---|
Source: Personal bibliographies
and: SICRIS
The material is available in full text. If you wish to order the material anyway, click the Continue button.