Join our Law Notes WhatsApp Group and stay updated with Legal and Judicial Updates
General Principles of Law as source of International Law
General Principles of Law recognized by civilized nations are an important source of International Law. They include Principles of Natural Justice, Res judicata, Estoppel etc. They include both procedural and substantive evidence.
- Chagla: General principles can be derived by Municipal Law if they are genuine, reasonable, adoptive and not inconsistent with existing International Law.
- Lauterpacht: General principles work as a safety valve kept in reserve rather than as a source of frequent application.
Related Cases / Recent Cases / Case Laws
- Corfu Channel case, ICJ Reports (1949), p. 4: A general principal of law borrowed from domestic law should be with regard to procedure and evidence.
- Nuclear Tests case, ICJ Reports (1974), p. 253: A general principal of law can be based on analogies drawn from private law, such as good faith
- Temple case, ICJ Reports (1962) p. 6: A general principal of law based on Estoppel