General Principles of Law in International Law

Introduction

• General principles of law are a source of international law alongside treaties and customary law.
• They are abstract rules, often reducible to maxims or simple concepts.

Purpose of General Principles

• Serve to resolve disputes where applicable law is absent (known as non-lique).
• Judges may look for relevant principles in cases where treaties or customary rules are silent.

Key General Principles

1. Pacta sunt servanda

   • Concept that international agreements are binding and must be observed.

2. Res Judicata

   • A final and binding judgment on a matter prevents conflicting judgments later on.

3. Estoppel

   • Prevents a party from contradicting what has already been established as the truth.

4. Good Faith

   • Obligates countries to fulfill their obligations sincerely and honestly (according to the UN Charter).

5. Due Process Principles

   • Right to be heard and treated equally before the court.
   • Burden of proof lies on the plaintiff.

6. Reparation of a Wrong

   • Full compensation for direct losses and lost expected profits for the injured party.

7. Proportionality

   • Measures, especially in self-defense and use of force, must be proportional.

Sources of General Principles

• Found in decisions of international tribunals and national courts.
• Also present in teachings of notable international law scholars.

Future of General Principles

• As new treaties and customary laws are developed to cover unsolved areas, the significance of general principles may diminish.