Catalogue Search | MBRL
Are you sure you want to remove the book from the shelf?
{{itemTitle}}
13,837
result(s) for
"General principles "
Sort by:
GENERAL PRINCIPLES OF LAW FORMED WITHIN THE INTERNATIONAL LEGAL SYSTEM
In the work of the International Law Commission (ILC) on ‘the general principles of law’ in Article 38(1)(c) of the Statute of the International Court of Justice, one question has given rise to an inordinate amount of controversy: does this category of principles include principles formed within the international legal system or does it embrace only principles derived from national legal systems? In the draft conclusions adopted on first reading in 2023, the ILC accepts the existence of general principles of law formed within the international legal system, but only in a very narrow manner. Prominent commentators have argued that such a narrow approach is correct. It has been contended, furthermore, that the category of general principles of law formed within the international legal system is an innovation of the ILC's, and one that lacks any real support in State practice. These views are based on assumptions to the effect that the traditional view concerning the meaning of Article 38(1)(c) was that it referred only to general principles of law derived from national legal systems. The present article takes issue with these assumptions. It seeks to prove, by an analysis of the position in 1920 when the Statute was drafted, of the practice of States, both before and after 1920, and the writings of leading commentators, that general principles of law formed within the international legal system are no less part of ‘general principles of law’ than general principles of law derived from national legal systems.
Journal Article
Strengthening the Global Response to Climate Change and Sustainable Development: Reflections on the ICJ's Advisory Opinion
This contribution examines how the International Court of Justice (ICJ) approached the principle of sustainable development in its 2025 Advisory Opinion on Obligations of states in respect of climate change. The principle requires states to balance environmental, social and economic considerations so that both present and future generations can satisfy their basic needs. Yet, it offers little guidance on how this should be done. The Court was thus in a unique position to clarify how the balancing exercise should be conducted in the context of one of the international community's most pressing challenges, namely the fight against climate change. Although the Court did not engage with the principle in detail, this contribution argues that sustainable development underpins core determinations in the Advisory Opinion.
Journal Article
The Preference Accorded to General Principles Under Article 7(2) CISG
Hong Kong has recently ratified the United Nations Convention on Contracts for the International Sale of Goods (“CISG”). While Article 7(2) of the CISG acknowledges the potential incompleteness of the convention in addressing all issues it aims to govern and emphasizes the preference for seeking general principles within the CISG before resorting to domestic private international law, the extent of this preference remains unclear. This article highlights that while some scholars argue for private international law as a last resort, it is erroneous to suggest that the general principles embodied in the convention also include those exclusively stem from other international conventions. Such an approach would disregard the inherent international nature and proportionality envisioned by Article 7(1) of the CISG.
Journal Article
El alcance de los principios generales del estatuto del consumidor colombiano
El Estatuto del Consumidor colombiano —Ley 1480 de 2011— plantea todavía grandes retos e inquietudes conceptuales y prácticas, frente a las cuales autores y jurisprudencia deben ofrecer soluciones que permitan una mejor comprensión del sistema. En ese contexto, y como elemento esencial para ese fin, es fundamental analizar el alcance y significado que tienen los principios del Estatuto del Consumidor que operan como herramientas ilustradoras, interpretativas e integradoras del ordenamiento de consumo. Así, el presente documento se propone estudiar la extensión y las implicaciones de los principios establecidos en el artículo 1 de la Ley 1480 de 2011, para concluir que, además de compartir la funcionalidad común que le han sido atribuidas a todos los principios de Derecho, los principios de protección al usuario se instituyen como una de las piedras angulares de lo que se viene reconociendo como Derecho del Consumo en Colombia.
Journal Article
The Legal Space for Structural Differentiation in the EU: Reciprocity, Interconnectedness and Effectiveness as Sources of Constitutional Rigidity
This Article argues that the legal space for truly structural forms of differentiation in the EU is limited by several sources of rigidity. Sources of rigidity are thereby understood as legal rules and principles that, either by themselves or in interaction with other rules, principles and material facts, limit the scope for structurally significant differentiation in the EU's legal and constitutional set-up. A source of rigidity can therefore be broader than a single legal rule or principle because the rigidity may stem from a combination of or interaction between multiple principles, rules and facts. Using Brexit as a prism, this Article identifies at least three such sources of legal rigidity, being reciprocity, interconnectedness and effectiveness. These sources of rigidity also place significant limits on the possible dynamics of differentiation. It is demonstrated how Brexit brought these sources of rigidity to the surface, and how legal rigidity can and likely will collide with an increasing political desire for more structural differentiation in the future.
Journal Article