Edited by Catherine Brölmann and Yannick Radi
Chapter 8: Relying on general principles in international law
Without pretending to describe and discuss the longstanding doctrinal debate on general principles, this chapter aims at exploring some controversial issues concerning the process of principles-generation, including the question of the consensual or non-consensual nature of this source of law and the question of the autonomy of general principles from other sources of international law. It also addresses the role of international courts and tribunals in the determination and application of general principles as well as the role of states in promoting the use of general principles. The authors submit that lawmaking by general principles is a hybrid process which combines consensual and non-consensual elements. In particular, while the determination of general principles inevitably accords certain discretion to the interpreter, such discretion does not mean complete detachment from state consent.
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.