GENERAL PRINCIPLES OF LAW AND STATE SOVEREIGNTY: CONTRIBUTION OF A FORGOTTEN SOURCE IN CONSTRUCTION OF INTERNATIONAL LAW

Document Type : Research Paper

Authors

1 Associated Professor, Public Law Department, University of Tehran

2 P.h.D Candidate of Public Internationallaw, Faculty of the Law and Political Science,University of Tehran

Abstract

According to the Article 38 of the Statute of the International Court of
Justice, the General Principles of Law constitute one of the formal sources of
International legal order. Despite this article, it is difficult to draw a clear
view from this notion during the history of International law. Because of this
ambiguities, it is legitimate to ask what do we mean by "general principles of
law" and what is the real role of them in construction of our modern law And
what is the relation between the general principles and the sovereignty? This
article tries to find an answer to these fundamental questions.

Keywords