General Principles of Law as Applied by International Courts and Tribunals

Name: General Principles of Law as Applied by International Courts and Tribunals
Price: 58.98 USD
Availability: InStock
ISBN: 9780521030007

ISBN-10: 0521030005

ISBN-13: 9780521030007

Edition: 2006

Authors: Bin Cheng, Georg Schwarzenberger

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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 first paperback printing of his classic 1953 work, Professor Bin Cheng inquires into the practical application of these principles by international courts and…

Book details

Copyright year: 2006
Publisher: Cambridge University Press
Publication date: 11/2/2006
Binding: Paperback
Pages: 544
Size: 6.10" wide x 9.25" long x 1.18" tall
Weight: 1.694
Language: English



Foreword



Preface


Tables


Abbreviations


Introduction



The Principle of Self-Preservation: Introductory



Territorial application of the principle



External application of the principle



The Principle of Good Faith: Introductory



Good faith in treaty relations



Good faith in the exercise of rights (the theory of abuse of rights)



Other applications of the principle



General Principles of Law in the Concept of Responsibility



General notions



The principle of individual responsibility



The principle of fault



The principle of integral reparation



The principle of proximate causality



General Principles of Law in Judicial Proceedings: Introductory



Jurisdiction



Power to determine the extent of jurisdiction (compTtence de la compTtence)



Nemo debet esse judex in propria sua causa



Audiatur et al.tera pars



Jura novit curia



Proof and burden of proof



The principle of res judicata



Extinctive prescription


Conclusions


Appendices


Index