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General Principles of Law as Applied by International Courts and Tribunals (Grotius Classic Reprint Series) | 
| Author: Bin Cheng
Creator: Georg Schwarzenberger
Publisher: Cambridge University Press
Category: Book
List Price: $65.00
Buy New: $60.42
You Save: $4.58 (7%)
New (18) Used (10) from $56.98
Avg. Customer Rating:  1 reviews
Sales Rank: 1161924
Media: Paperback
Edition: 1
Number Of Items: 1
Pages: 544
Shipping Weight (lbs): 1.7
Dimensions (in): 9.1 x 6.1 x 5.5
ISBN: 0521030005
Dewey Decimal Number: 341
EAN: 9780521030007
ASIN: 0521030005
Publication Date: November 2, 2006
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Product Description
The municipal codes of well over a dozen countries expressly provide for the application of the general principles of law in the absence of specific legal provisions or of custom, and the Statute of the International Court of Justice stipulates that 'the general principles of law recognised by civilised nations' constitute one of the sources of international law to be applied by the Court; but the exact meaning and scope of this section of the Statute have always been a subject of controversy amongst international lawyers. In this printing of his classic 1953 work, Professor Bin Cheng inquires into the practical application of these principles by international courts and tribunals since the beginning of modern international arbitration with the Jay Treaty of 1794, and presents them as a coherent body of fundamental principles that in fact furnish the international legal system with its juridical basis. Citations from nearly 600 international arbitral and judicial decisions amply testify to the role of these principles in the international legal system and illustrate their application in practically every important field of international law.
Book Description
If the general principles of law are not to run the risk of being exploited as an ideological cloak for self-interest, their scope and substance must be clearly defined and understood. Here, Cheng aims to inquire into the practical application of these principles by international courts and tribunals.
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| Customer Reviews:
A "Gap-Filler" and Genuine Classic of International Law September 19, 2006
Very few monographs on international law can claim to be "indispensible." However, Dr. Cheng's book on General Principles of Law [The "general principles of law recognized by civilized nations" Art. 38(1)c Statute of the PCIJ and ICJ, primarily used as gap-fillers], first published in the middle of the last century, is remains the only comprehensive treatment of one of the four categories of the sources of international law provided by Article 38 of the Statute of the International of Justice. His stated purpose is "to determine what they are in substance and the manner in which they have been applied by international tribunals." Generations of international lawyers, including myself, have found this book a necessary starting point when inquiring into the content of general principles (for me, it was the principle of "salus populi" in reference to internal strife).
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