نوع مقاله : مقاله پژوهشی
استادیار گروه حقوق عمومی دانشکدۀ حقوق و علوم سیاسی دانشگاه تهران
عنوان مقاله [English]
Without General Principles, no System of Law is conceivable. These Principles have special position not only in domestic but also in international law. General Principles would have been invoked even though those principles were not cited as the sources of international law in accordance with the statute of ICJ, Article 38. Those are taken into account as the independent source of international law, irrespective of the international contract and the custom any rules. The analysis of ICJ function in exercising the General principles in the process of the contentious and advisory opinions would be analyzed in this article.