Article Title：Customary International Law and the General Principles of Law Recognized by Civilized Nations
Abstract：
This article looks beyond customary international law and asks whether the source of international law listed in Article 38, paragraph 1(c) of the ICJ Statute ('the general principles of law recognized by civilized nations') might join the dance. Is there a risk that general principles of law may be too easily invoked where no applicable treaty or rule of customary international law can be identified? In emphasizing the distinction between customary international law and general principles of law, the article first recalls relevant recent work of the International Law Commission. It then addresses the term 'general international law' and certain problems related to it, and raises questions concerning the relationship between customary international law and general principles of law. Before drawing some conclusions, reference is also made to the place of general principles of law within the international legal system.
Keywords: customary international law; general principles of law; International Law Commission; Statute of the International Court of Justice; sources of international law
DOI: 10.1163/18719732-12341404
Source：INTERNATIONAL COMMUNITY LAW REVIEW
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