The role of international courts in identifying general principles of law recognized by civilized nations

Tyumen State University Herald. Social, Economic, and Law Research


Release:

2019, Vol. 5. №1

Title: 
The role of international courts in identifying general principles of law recognized by civilized nations


For citation: Klyuchnikov A. Yu. 2019. “The role of international courts in identifying general principles of law recognized by civilized nations”. Tyumen State University Herald. Social, Economic, and Law Research, vol. 5, no 1, pp. 92-102. DOI: 10.21684/2411-7897-2019-5-1-92-102

About the author:

Andrew Yu. Klyuchnikov, Cand. Sci. (Jur.), Associate Professor, Russian Presidential Academy of National Economy and Public Administration (Lipetsk Branch); Judge, Lipetsk Pravoberezhniy District Court; andrew19871961@mail.ru

Abstract:

One of the main tasks of the contemporary international law is constructing a system that ensures its integrity, based on a single system of universally recognized legal principles. Identifying them actively involves international courts.

This study aims to find the main approaches of supranational courts to identify the general principles of law. The study material includes doctrinal comments on judicial practice and decisions of international courts. The author uses comparative legal method when identifying the problematic issues of recognizing general legal principles and their relationship with other sources of international law (international treaties and customs).

The results show that an integral system of principles is created by international courts in the course of law enforcement from the principles in force in the national and international legal acts of different states. The universal nature of legal principles is based on the majority of states’ laws, as identified by international judges. General principles based on international law are binding all states disregarding their recognition as customary or enshrined in the international treaty.

The problem is the approach of international courts, in which there is a narrowing of their jurisdiction and the subsequent refusal to disclose the content of general principles of law. These principles express a general legal opinion defining the boundary of the law-enforcement freedom of international justice.

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