OUVRAGE : M. Đorđeska, General Principles of Law Recognized by Civilized Nations (1922-2018)

Marija ĐORĐESKA 

In General Principles of Law Recognized by Civilized Nations (1922-2018) Marija Đorđeska offers an account of the origins, theory and practical application of the general principles in the jurisprudence of the Permanent Court of International Justice and International Court of Justice between 1922 and 2018. Are general principles rules of international law? What is their relationship to custom and treaties? What are the types of general principles and where do international courts find them? This monograph answers these and other questions and offers a detailed overview of over 150 general principles identified in the jurisprudence of the Permanent Court of International Justice and the International Court of Justice.


TABLE OF CONTENTS

Introduction

General Principles in Theory

Origins of the General Principles
International Judicial Law-Making and the General Principles
What Are General Principles? Theory and Conclusions
Introducing the ‘Cube’
The Relationship between General Principles and Other Sources of International Law

General Principles in Practice

Research Methodology and Statistics
General Principles Ascertained by the Permanent Court of International Justice (1922–1940)
General Principles Ascertained by the International Court of Justice (1948–2018)
Case Study: The Evolution of the General Principle of Diplomatic Protection through the Court’s Jurisprudence (1924–2012)
Conclusion

Digest of General Principles Ascertained by the Permanent Court of International Justice and the International Court of Justice (1922–2018)

Digest of General Principles Ascertained by the Permanent Court of International Justice and the International Court of Justice (1922–2018)

Marija ĐORĐESKA, General Principles of Law Recognized by Civilized Nations (1922-2018), Leiden, Brill/Nijhoff, 2020 (684 pp.)