Doctrinal Differences in the Definition of the Principles of Public International Law

Authors

  • Svitlana ZADOROZHNA Yuriy Fedkovych Chernivtsi National University, Ukraine

DOI:

https://doi.org/10.18662/eljpa/7.2/128

Keywords:

International law, the theory of international law, the general principles of international law, the features of principles of international law, the classification of characteristics the principles of international law, Art. 38 of the Statute of the UN ICJ

Abstract

The ambiguity of scholars' vision of the content of the principles of international law and their corresponding definition in doctrinal discussions can be reduced to two main directions. First, it is a problem of coverage of the concepts of principles of international law of generally accepted principles of law, and, secondly, the problem of limiting the category of principles of public international law to only ten basic principles of international law. These discussions confirm the relevance and urgency of its solution.

The general principles of international law, as the inheritance of all mankind, are the result of the development of all legal systems of the world in its legal unity. These principles represent the unity of the general principles of international law, which are inherent only in the international legal system; general principles of law inherent in both national and international legal systems, as the ideological foundations of law; and common principles of national legal systems, which with certain comments can be applied to international legal relations.

If we take as a basis Art. 38 of the Statute of the UN ICJ as a conditional list of sources of international law, where generally accepted principles of international law are not provided as such, the interpretation of this article can be imagined as conclusions that the principles of international law as special to general principles of law are norms of international law its reflection in any of the sources of international law, including those, which are unforeseen articles 38 of the Statute of the UN ICJ. The main difference between the principles of international law and general principles of law is that they contain specific rights and obligations for subjects of international law and are directly a regulator of international relations.

Such unity can be deduced from the normative interpretation of Art. 38 of the UN Statute, in particular: the sources of enshrining the general principles of international law are customs and international treaties in accordance with paragraph a and paragraph b of Art. 38; the source of the general principles of law is paragraph c of Art. 38 of the Statute of the UN ICJ (general principles of law recognized by civilized nations); the source of identification or the legal basis for the application of the common principles of national law is paragraph d - ex aequo et bono, their application by an international court on the basis of the principle of justice.

Author Biography

Svitlana ZADOROZHNA, Yuriy Fedkovych Chernivtsi National University, Ukraine

Doctor of Law, Associate Professor, Chernivtsi, Ukraine

References

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Published

2020-12-12

How to Cite

ZADOROZHNA, S. (2020). Doctrinal Differences in the Definition of the Principles of Public International Law. European Journal of Law and Public Administration, 7(2), 70-79. https://doi.org/10.18662/eljpa/7.2/128

Issue

Section

International Law. European Law. Comparative Law.

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