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General Principles of Law and the Problem of Lacunae in the Law of Nations

General Principles of Law and the Problem of Lacunae in the Law of Nations GENERAL PRINCIPLES OF LAW AND THE PROBLEM OF LACUNAE IN THE LAW OF NATIONS Michael Bogdan Dr. jur. (Prague); Jur. dr. (Lund); Assistant Professor at the Faculty of Law of the University of Lund, Sweden 1. Article 38(1)(c) of the Statute of the International Court of Justice. - Article 38 of the Statute lists the following sources that may and should be applied by the Inter- national Court of Justice: a. international conventions, whether general or particular, establishing rules expressly recognized by the contesting states; b. international custom, as evidence of a general practice accepted as law; c. the general principles of law recognized by civilized nations; d. subject to the provisions of Article 59,1 judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law. Article 38 of the Statute of the International Court of Justice has been directly taken over from article 38 of the Statute of the extinct Permanent Court of International Justice. The history of article 38 shows that the "general principles of law recognized by civilized nations" have been included into the list mainly because of the fears that http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Nordic Journal of International Law Brill

General Principles of Law and the Problem of Lacunae in the Law of Nations

Nordic Journal of International Law , Volume 46 (1-2): 37 – Jan 1, 1977

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Publisher
Brill
Copyright
© 1977 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0902-7351
eISSN
1571-8107
DOI
10.1163/187529377X00074
Publisher site
See Article on Publisher Site

Abstract

GENERAL PRINCIPLES OF LAW AND THE PROBLEM OF LACUNAE IN THE LAW OF NATIONS Michael Bogdan Dr. jur. (Prague); Jur. dr. (Lund); Assistant Professor at the Faculty of Law of the University of Lund, Sweden 1. Article 38(1)(c) of the Statute of the International Court of Justice. - Article 38 of the Statute lists the following sources that may and should be applied by the Inter- national Court of Justice: a. international conventions, whether general or particular, establishing rules expressly recognized by the contesting states; b. international custom, as evidence of a general practice accepted as law; c. the general principles of law recognized by civilized nations; d. subject to the provisions of Article 59,1 judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law. Article 38 of the Statute of the International Court of Justice has been directly taken over from article 38 of the Statute of the extinct Permanent Court of International Justice. The history of article 38 shows that the "general principles of law recognized by civilized nations" have been included into the list mainly because of the fears that

Journal

Nordic Journal of International LawBrill

Published: Jan 1, 1977

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