General Principles and the Coherence of International Law

Abstract

Editors' Introduction. General Principles and the Coherence of International Law: Setting the Scene 1 Cohesion, Convergence and Coherence of International Law 2 General Principles in the Jurisprudence of the ICJ Part 1: General Principles and the other Sources of International Law 3 The Role of General Principles in Promoting the Development of Customary International Rules 4 General Principles of Law, Jus Cogens and the Unity of the International Legal Order 5 General Principles infra, praeter, contra legem? The Role of Equity in Determining Reparation 6 The Juridical Nature of General Principles 7 General Principles as Principles of International Legal Pragmatics: The Relevance of Good Faith for the Application of Treaty Law 8 Conclusions Part 2: The Interplay with National and Regional Legal Systems 9 General Principles of EU Law and General International Law 10 The Interpretation of UN Security Council Resolutions between Regional and General International Law: What Role for General Principles? 11 The Role of Domestic Law in the Identification of General Principles under Article 38 (1)(c) of the Statute of the International Court of Justice 12 Conclusions: The Role of General Principles in a Multi-Layered Legal Setting Part 3: General Principles and International Investment Law 13 General Principles of Commercial Law and International Investment Law 14 Unjust Enrichment as a Primary Rule of International Law 15 General Principles and the Coherence of International Investment Law: of Res Judicata, Lis Pendens and the Value of Precedents 16 Conclusions: Testing General Principles of Law in International Investment Law: Between Principles and Rules of International Law Part 4: General Principles and International Human Rights Law 17 Deciphering and Revisiting the (Guiding) Principles on Business and Human Rights 18 Reparation Principles at the International Criminal Court 19 The Principle of Human Dignity in International Law 20 Conclusions Part 5: General Principles and International Environmental Law 21 Environmental Impact Assessment and the Precautionary Approach: Why are International Courts and Tribunals Reluctant to Consider them as General Principles of Law? 22 General Principles Applicable to International Cultural Heritage Law 23 General Principles of International Environmental Law in the Case Law of International Courts and Tribunals 24 Conclusions 25 Concluding Remarks Index