Transcript for:
Understanding General Principles of International Law

general principles of law visualized the general principles of law are one of the sources of international law alongside treaties and customary law they are abstract rules whose content is very general sometimes reducible to a maxim or a simple concept a situation may happen where the court cannot find an applicable law to resolve the disputed problem in such instances the judge will look for a relevant principle to close the gap that might be uncovered in international law in particular when treaties or customary rules are silent and cannot solve this problem which is known as non-lique let's have a quick look one crucial general principle of international law is that of pacter sun savanda or the concept that international agreements are binding and must be observed rhi's judicator is another example when a matter upon which a final and binding judgment has already been passed thereby preventing any later conflicting judgment on the same matter estoppel is another legal principle that prevents a party from asserting or denying something in court that contradicts what has already been established as the truth the principle of good faith which means that all countries shall fulfill their obligations sincerely and honestly in accordance with the united nations charter there are other general principles related to due process like the party's rights to be heard and to be treated equally before the court and that the burden of proving ways on the plaintiff another example of a general principle is the reparation of a wrong and the full compensation of prejudice by awarding to the injured party the direct loss and the expected profits which are lost while yet another general principle is that of proportionality of measures especially in self-defense and use of force these general principles of law and others can be found in decisions of international tribunals and national courts or in the teachings of famous international law professors however as new treaties and customary law develop to address areas of international concern not previously covered the significance of general principles will fade as these gaps in international law are filled