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General Principles and the Coherence of International Law.

By: Contributor(s): Material type: TextTextSeries: Queen Mary Studies in International Law SeriesPublisher: Boston : BRILL, 2019Copyright date: ©2019Edition: 1st edDescription: 1 online resource (474 pages)Content type:
  • text
Media type:
  • computer
Carrier type:
  • online resource
ISBN:
  • 9789004390935
Subject(s): Genre/Form: Additional physical formats: Print version:: General Principles and the Coherence of International LawLOC classification:
  • KZ3410 .G463 2019
Online resources:
Contents:
Intro -- General Principles and the Coherence of International Law -- Copyright -- Contents -- Notes on Contributors -- 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: General Principles and the other Sources of International Law -- 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 of Law 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 and Cultural Heritage 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: General Principles and Developing Areas of International Law -- 25 Concluding Remarks -- Index.
Summary: General Principles and the Coherence of International Law offers a comprehensive analysis of general principles of law, assessing their role in guaranteeing the coherence of the international legal system.
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Intro -- General Principles and the Coherence of International Law -- Copyright -- Contents -- Notes on Contributors -- 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: General Principles and the other Sources of International Law -- 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 of Law 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 and Cultural Heritage 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: General Principles and Developing Areas of International Law -- 25 Concluding Remarks -- Index.

General Principles and the Coherence of International Law offers a comprehensive analysis of general principles of law, assessing their role in guaranteeing the coherence of the international legal system.

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Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, 2024. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries.

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