General Principles

< Public International Law‎ | Sources of International Law

Author: Craig Eggett

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A. IntroductionEdit

B. Historical BackgroundEdit

I. Early PracticeEdit

II. The Drafting of the PCIJ StatuteEdit

III. Overview of the Practice of the PCIJ and ICJEdit

C. The Nature of General PrinciplesEdit

I. Rules and Principles in International LawEdit

II. The Relationship between General Principles and other International NormsEdit

D. The Creation of General PrinciplesEdit

I. Ascertainment of Unwritten RulesEdit

II. Relevant Actors: Replacing "Civilized Nations"Edit

III. Comparative Reasoning in the Determination of General PrinciplesEdit

E. The Functions of General PrinciplesEdit

I. Facilitating International AdjudicationEdit

II. Fostering Coherence and Regulating ChangeEdit

III. Pushing the Boundaries of International LawEdit

F. Concluding RemarksEdit

Further ReadingsEdit

Source I
Source II

ConclusionEdit

Summary I
Summary II

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Table of ContentsEdit

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Part I - History, Theory, and Methods

§ 1 History of International Law
- § 1.1 Founding Myths
- § 1.2 Nineteenth Century
- § 1.3 Decolonization
§ 2 Nature and Purpose of International Law
- § 2.1 International Law and Violence
- § 2.2 Consent
- § 2.3 Enforcement
§ 3 Methodology
- § 3.1 Case Analysis
- § 3.2 Interdisciplinarity
§ 4 Approaches to International Law
- § 4.1 Positivism
- § 4.2 TWAIL
- § 4.3 Feminism & Queer Theory
- § 4.4 Marxism
§ 5 Interaction
- § 5.1 Interaction within International Law
- § 5.2 International Law and Domestic Law

Part II - General International Law

§ 6 Sources of International Law
- § 6.1 Treaty Law
- § 6.2 Customary Law
- § 6.3 General Principles
- § 6.4 Other Sources
§ 7 Subjects and Actors in International Law
- § 7.1 States
- § 7.2 Indigenous Peoples
- § 7.3 International Organizations
- § 7.4 Individuals
- § 7.5 Women in International Law
- § 7.6 Non-governmental Organization
- § 7.7 Corporations
- § 7.8 Animals
- § 7.9 Cities
§ 8 Jurisdiction
§ 9 State Responsibility
§ 10 Diplomatic Relations
§ 11 Immunities
§ 12 Peaceful Settlement of Disputes
- § 12.1 Evidence
§ 13 Use of Force

Part III - Specialized Fields

§ 14 Law of Armed Conflict
§ 15 Law of the Sea
§ 16 International Environmental Law
§ 17 International Climate Change Law
§ 18 International Migration Law
§ 19 International Law in Cyberspace
§ 20 Space Law
§ 21 Human Rights Law
- § 21.1 Recurring Themes in Human Rights Doctrine
- § 21.2 Institutional Human Rights Protection
  - § 21.2.1 United Nations Human Rights System
  - § 21.2.2 African Human Rights System
  - § 21.2.3 European Human Rights System
  - § 21.2.4 Inter-American Human Rights System
  - § 21.2.5 Arab and Islamic Human Rights System
  - § 21.2.6 Asian Human Rights System
- § 21.3 Critique of Human Rights
§ 22 International Criminal Law
- § 22.1 International Crimes
- § 22.2 International Criminal Courts and Tribunals
- § 22.3 Domestic Prosecution of International Crimes
§ 23 International Economic Law
- § 23.1 Investment Law
- § 23.2 Trade Law
- § 23.3 Monetary Law

FootnotesEdit

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