The position of General Principles of law in the case law of the International Court of Justice

Document Type : Research Paper

Author

Professor, Faculty of Law and Politic, University of Tehran, Tehran, Iran

Abstract

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.

Keywords