General Principles and the Coherence of International Law – Principes Généraux Et Cohérence Du Droit International

52 Pages Posted: 23 Mar 2017

See all articles by Mads Andenas

Mads Andenas

University of Oslo - Faculty of Law; Institute of Advanced Legal Studies, School of Advanced Study, University of London; University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law

Ludovica Chiussi

University of Oslo

Date Written: March 22, 2017

Abstract

This is the concept note, abstracts and other documentation for a seminar on the role of general principles in the international legal system. Treaty law and custom may contribute to the fragmentation of international law. Principles are only recognised if they are general. They have a potential force of convergence and unification. They also have a residual function as a gap filler, and a lex specialis principle could mean that treaty law and custom would be lex superior to the lex generalis general principles. It is generally recognised that this is not so simple, and that general principles could constitute peremptory norms (jus cogens), be non-derogable and in general apply erga omnes. General principles of law represent the normative pillar of every legal system.

A main research question is whether international practice provides evidence on, next to such a gap-filling function, the extent to which general principles of international law have strengthened the systemic nature of international law, both at the substantive and procedural levels. This leads on to the next questions: what are the consequences for international law as a legal system, and for the argumentation in courts, reasoning in judgments and scholarship.

Keywords: General principles, fragmentation, convergences, coherence of international law, sources of law, International Court of Justice

Suggested Citation

Andenas, Mads and Chiussi, Ludovica, General Principles and the Coherence of International Law – Principes Généraux Et Cohérence Du Droit International (March 22, 2017). University of Oslo Faculty of Law Research Paper No. 2017-14. Available at SSRN: https://ssrn.com/abstract=2939082

Mads Andenas (Contact Author)

University of Oslo - Faculty of Law ( email )

PO Box 6706 St Olavsplass
Oslo, 0130
Norway

Institute of Advanced Legal Studies, School of Advanced Study, University of London ( email )

Charles Clore House
17 Russell Square
London, WC1B 5DR
United Kingdom

HOME PAGE: http://ials.sas.ac.uk/about/staff/staff.asp?ID=2

University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law

Boalt Hall
Berkeley, CA 94720-7200
United States

Ludovica Chiussi

University of Oslo ( email )

PO Box 6706 St Olavs plass
Oslo, N-0317
Norway

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