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Author:   Dr Imogen Saunders
Publisher:   Bloomsbury Publishing PLC
Imprint:   Hart Publishing
Weight:   0.599kg
ISBN:  

9781509936069

ISBN 10:   1509936068
Pages:   304
Publication Date:   25 February 2021
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Manufactured on demand  
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Table of Contents

Summary of Contents Introduction 1. A Framework for Analysing General Principles I. Introduction: A Tetrahedral Framework II. Jurisprudential Legitimacy: A Brief Consideration of Positivism and Natural Law III. Function: A Binding Source of International Law? IV. Type V. Methodology VI. Conclusion 2. History of Article 38(1)(c) I. Introduction II. Development Pre-World War I III. Development Post-World War I IV. Article 38(1)(c) and the PCIJ V. Conclusion: Applying the Tetrahedral Framework 3. Consideration of Article 38(1)(c) by the PCIJ I. Introduction: Separating the Wheat from the Chaff II. Cases in Chronological Order 4. Development of Article 38(1)(c): 1945-91 I. Introduction II. Historical Development: PCIJ to ICJ III. Cases IV. Conclusion 5. Development of Article 38(1)(c) by the ICJ: 1992-2019 I. Introduction II. Cases (Except for the Separate and Dissenting Opinions of Judges Weeramantry and Cancado Trindade) III. Contributions of Judge Weeramantry IV. Contributions of Judge Cancado-Trindade V. Conclusion 6. General Principles in Other Courts and Tribunals I. Introduction II. International Criminal Tribunals III. International Economic Law IV. International Tribunal for the Law of the Sea V. Regional Bodies VI. Conclusion 7. Commentary in Context I. Article 38(1)(c) as a Norm-Creating Source of International Law II. The Rule/Principle Distinction III. Judicial Discretion IV. Where are General Principles Drawn From? V. Content of General Principles 8. Global General Principles I. Types of Legal Systems II. Perspectives on General Principles III. The Comparativist's Warning IV. Global General Principles in the Information Age 9. A Model of General Principles I. A Tale of Two Sources: Illegitimate Duality II. General Principles and Legitimate Duality III. The Future of General Principles

Reviews

This is a book that is far, far more than an examination of one paragraph of a section of the Statute of the International Court of Justice. It is a book that examines the very nature of international law and, beyond that, of law itself. It is a stunning work in the finest traditions of the greatest international law thinkers. * Justice James Edelman, High Court of Australia * In this book, Imogen Saunders takes us on a quest and the whole field benefits as a result. She searches for a better way of explaining what general principles are and how they can be found and justified. She is driven by the questions of why and how, she searches for deeper understanding and coherence. Saunders' explanation meets a need that the field has long felt and is particularly timely given that the ILC has picked up this topic. This book will stand the test of time as an important contribution to any international lawyer's library. Citations to Bin Cheng's famous book on the subject will now need to be matched by citations to Imogen Saunders’s book. * Professor Anthea Roberts, The Australian National University * It is a truly impressive achievement: it’s not only an exhaustive study of the doctrine of general principles in international law but also an ambitious theoretical enterprise. * Professor Hilary Charlesworth, The University of Melbourne *

This is a book that is far, far more than an examination of one paragraph of a section of the Statute of the International Court of Justice. It is a book that examines the very nature of international law and, beyond that, of law itself. It is a stunning work in the finest traditions of the greatest international law thinkers. * Justice James Edelman, High Court of Australia * In this book, Imogen Saunders takes us on a quest and the whole field benefits as a result. She searches for a better way of explaining what general principles are and how they can be found and justified. She is driven by the questions of why and how, she searches for deeper understanding and coherence. Saunders' explanation meets a need that the field has long felt and is particularly timely given that the ILC has picked up this topic. This book will stand the test of time as an important contribution to any international lawyer's library. Citations to Bin Cheng's famous book on the subject will now need to be matched by citations to Imogen Saunders's book. * Professor Anthea Roberts, The Australian National University * It is a truly impressive achievement: it's not only an exhaustive study of the doctrine of general principles in international law but also an ambitious theoretical enterprise. * Professor Hilary Charlesworth, The University of Melbourne *

Author Information

Imogen Saunders is Lecturer in Law at the Australian National University, Canberra.

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