General principles as a source of international law : Article 38(1)(c) of the Statute of the International Court of Justice
Article 38(1)(c) of the Statute of the International Court of Justice ('ICJ') has a long and chequered history. It has been denounced and exalted; both by courts and commentators. The discussion of the general principles of law is littered with assumptions which are rarely fully unpacked. Commentary by publicists is sometimes best understood as the product of their theoretical backgrounds, not expressly substantiated with reference to the actual use of the source by international courts and...[Show more]
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