One of the sources of international law along side

ICJ- INTERNATIONAL COURT OF JUSTICE

PCIJ- PERMANENT OF INTERNATIONAL COURT OF JUSTICE

?The ICJ is the successor of the Permanent Court of International Justice (PCIJ)?

GENERAL PRINCIPLE IS ONE OF THE SOURCES OF INTERNATIONAL LAW ALONG SIDE WITH TREATY AND
CUSTOMARY LAW. THEY ARE ABSTRACT RULES WHOS CONTENT IS VERY GENERAL, SOMETIMES
REDUCABLE TO AMAXIM OR A SIMPLE CONCEPT, A SITUATION MAY HAPPEN WHERE THE COURT
CANNOT FIND AN APPLICABLE LAW TO RESOLVE THE DISPUTED PROBLEM, INSUCH INSTANCES THE
JUDGE WILL LOOK A RELEVANT PRINCIPLE TO CLOSE THE GAP THAT MIGHT UNCOVERED
INTERNATIONAL LAW IN PARTICULAR WHEN TREATIES OR CUSTOMARY RULES ARE SILENT AND CANNOT
SOLVE THIS PROBLEM IS CALLED NON-LIQUET. a non-liquet is any situation where there is no
applicable law (12)

As you may recall, Article 38, paragraph 1 (c), of the ICJ Statute enables the Court to apply
“general principles of law recognized by civilized nations” to the disputes submitted to it.

EXAMPLE: This Latin phrase, which may be roughly translated as “treaties shall be complied
with,” describes a significant general principle of international law—one that underlies the
entire system of treaty-based relations between sovereign states.
ONE CRUCIAL GENERAL PRINCIPLE OF INTERNATIONAL LAW IS THAT THE “PACTA SUNT SERVANDA” OR
THE CONCEPT OF INTERNATIONAL AGREEMENTS ARE BINDING AND MUST BE OBSERVED. (13)

“RES JUDICATA” What is res judicata in international law?

Res judicata implies that a previous and final judgment is conclusive in subsequent proceedings involving the same (i)
parties, (ii) subject matter and (iii) legal grounds, which is also referred to as the “triple-identity criteria”
IS ANOTHER EXAMPLE WHEN UPON A FINAL AND BINDING JUDGMENT HAS ALREADY BEEN PASSED
THEREBY PREVENTING ANYLATER CONFLICTING JUDGEMENT ON THE SAME MATTER. (14)

“ESTOPPEL” The term estoppel refers to a legal principle that prevents someone from arguing something or asserting a
right that contradicts what they previously said or agreed to by law
IS ANOTHER LEGAL PRINCIPLE THAT PREVENTS A PARTY FROM ASSERTING OR DENYING SOMETHING IN
A COURT THAT CONTRADICT WHAT HAS ALREADY BEEN ESTABLISHED AS THE TRUTH

THE PRINCIPLE OF GOOD FAITH (BONA FIDE) WHICH MEANS THAT ALL COUNTRIES SHALL FULFILL THEIR
OBLIGATIONS SINCERELY AND HONESTLY IN ACCORDANCE WHICH UNITED NATIONS CHARTER. THERE
ARE OTHER GENERAL PRINICPLE RELATED TO DUE PROCESS LIKE THE PARTY’S RIGHT TO BE HEARD, AND
TO BE TREATED EQUALLY BEFORE THE COURT AND THAT THE BURDEN OF PROVING WAYS ON THE
PLAINTIFF.
ANOTHER EXAMPLE OF GENERAL PRINCIPLE IS THE REPARATION IS WRONG AND THE FULL
COMPENSATION OF PREJUDICE IS AWARDING TO THE INJURED PARTY THE DIRECT LOSS AND EXPECTED
PROFITS WHICH ARE LOST WHILE YET ANOTHER GENERAL PRINCIPLE IS THAT THE PROPORTIONALITY OF
MEASURES ESPECIALLY IN SELF-DEFENSE AND USE OF FORCE, THESE GENERAL PRINCIPLES OF LAW AND
OTHER CAN BE FOUND IN DECISIONS OF INTERNATIONAL TRIBUNALS(a special court chosen, esp. by a government
or governments, to examine a particular problem) AND NATIONAL COURTS OR IN THE teachings of famous

international law professors however, as new treaties and customary law developed to address areas of
international concern not previously covered the significance of general principles will fade as these
gaps in international law are filled

REFERENCES:

https://youtu.be/RetZWHb27C0

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