General Principles and the Coherence of International Law

Erscheinungsjahr 2019
ISBN: 978-90-04-39092-8
Verlag: Brill

Buch, Englisch, Band 37, 460 Seiten, Format (B × H): 157 mm x 234 mm, Gewicht: 816 g

Reihe: Queen Mary Studies in Internat

General Principles and the Coherence of International Lawprovides a collection of intellectually stimulating contributions from leading international lawyers to the discourse on the role of general principles in international law. Offering a comprehensive analysis of the doctrines, practices, and debates on general principles of law, the volume assesses their role in safeguarding the coherence of the international legal system.
This important book addresses the relationship between principles of law and the other sources of international law, explores the interplay between principles of law and domestic and regional legal systems and the role of principles of law with regard to three specific regimes of international law: investment law, human rights law and environmental law.

Autoren/Hrsg.

Andenas, Mads

Fitzmaurice, Malgosia

Tanzi, Attila

Wouters, Jan

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Öffentliches Recht, Völkerrecht, Internationale Organisationen

Inhaltsverzeichnis

Editors’ Introduction. General Principles and the Coherence of International Law: Setting the Scene

1 Cohesion, Convergence and Coherence of International Law

2 General Principles in the Jurisprudence of the ICJ

Part 1: General Principles and the other Sources of International Law

3 The Role of General Principles in Promoting the Development of Customary International Rules

4 General Principles of Law, Jus Cogens and the Unity of the International Legal Order

5 General Principles infra, praeter, contra legem? The Role of Equity in Determining Reparation

6 The Juridical Nature of General Principles

7 General Principles as Principles of International Legal Pragmatics: The Relevance of Good Faith for the Application of Treaty Law

8 Conclusions

Part 2: The Interplay with National and Regional Legal Systems

9 General Principles of EU Law and General International Law

10 The Interpretation of UN Security Council Resolutions between Regional and General International Law: What Role for General Principles?

11 The Role of Domestic Law in the Identification of General Principles under Article 38 (1)(c) of the Statute of the International Court of Justice

12 Conclusions: The Role of General Principles in a Multi-Layered Legal Setting

Part 3: General Principles and International Investment Law

13 General Principles of Commercial Law and International Investment Law

14 Unjust Enrichment as a Primary Rule of International Law

15 General Principles and the Coherence of International Investment Law: of Res Judicata, Lis Pendens and the Value of Precedents

16 Conclusions: Testing General Principles of Law in International Investment Law: Between Principles and Rules of International Law

Part 4: General Principles and International Human Rights Law

17 Deciphering and Revisiting the (Guiding) Principles on Business and Human Rights

18 Reparation Principles at the International Criminal Court

19 The Principle of Human Dignity in International Law

20 Conclusions

Part 5: General Principles and International Environmental Law

21 Environmental Impact Assessment and the Precautionary Approach: Why are International Courts and Tribunals Reluctant to Consider them as General Principles of Law?

22 General Principles Applicable to International Cultural Heritage Law

23 General Principles of International Environmental Law in the Case Law of International Courts and Tribunals

24 Conclusions

25 Concluding Remarks

Index

Über Autor(innen)

Mads Andenas is Professor at the University of Oslo and the Institute of Advanced Legal Studies, University of London. He was Director of the Centre of European Law, King's College London and The British Institute of International and Comparative Law, London. He was the General Editor of the ICLQ and is General Editor of the EBLR. He is on the Panel of Arbitrators of ICSID.

Malgosia Fitzmaurice is Professor of International Law at Queen Mary University of London. Her main research interests are: the Law of Treaties; Sources of International Law; Environmental Law, Water Law and Indigenous Peoples. She has published widely on these topics. She is also Editor in chief of the journal International Community Law Review.

Attila Tanzi, Ph.D., is Chair of International Law at the University of Bologna; a Member of the PCA, and of the PCA specialised list of arbitrators for environmental disputes; Chairman of the Implementation Committee of the UNECE 1992 Water Convention.

Jan Wouters is Full Professor of International Law and International Organizations, Jean Monnet Chair and Director, Leuven Centre for Global Governance Studies and Institute for International Law, KU Leuven. He also teaches at Columbia University, SciencesPo, LUISS and the College of Europe, and is Of Counsel at Linklaters. He has published widely on International and EU Law, Global Governance and International Organizations.

Ludovica Chiussi is a Doctoral Research Fellow in International Law at the Universities of Oslo and Bologna.