Department of Law
Library of the School of Law

2024-07-05

2024

Papadaki Stamatia

1. Professor Photini Pazartzis
* Affiliation: Professor of Public International Law at the Law Faculty of the National & Kapodistrian University of Athens. Director of the Athens Public International Law Center (AthensPIL) (Fletcher School) (Faculty Profiles) .
2. Professor Maria Gavouneli (not present at the defense)
* Affiliation: Associate Professor of International Law at the National and Kapodistrian University of Athens.
3. Associate Professor Georgios D. Kyriakopoulos
* Affiliation: Associate Professor of International Law at the National and Kapodistrian University of Athens
4. Professor Emeritus Emmanuel Roucounas
* Affiliation: Professor Emeritus of International Law at the National and Kapodistrian University of Athens.
5. Assistant Professor Anastasios Gourgourinis
* Affiliation: Assistant Professor of International Law at the National and Kapodistrian University of Athens.
6. Professor Gleider Hernández
* Affiliation: Professor of Public International Law at the Catholic University of Leuven (KU Leuven).
7. Professor Linos-Alexandre Sicilianos
* Affiliation: Professor of International Law at the National and Kapodistrian University of Athens; former President of the European Court of Human Rights. (not present at the defense)

Reconceptualising General Principles in International law: An examination of their use as part of the applicable law of the International Court of Justice

English

Reconceptualising General Principles in International law: an examination of their use as part of the applicable law of the International Court of Justice

General principles of law and general principles of international law have long been the object of much controversy and widely divergent opinions. Today, despite being considered one of the three principal sources of international law encapsulated in Article 38(1) of the ICJ Statute, what general principles are and what they can and should do remain among the most complex issues in international law. This thesis argues that existing approaches to general principles rest on orthodox assumptions about the provenance and pedigree, the nature and role of general principles, all of which are open to challenge and often do not accord with the use of general principles in dispute settlement practice.

The examination of practice in this thesis, which focuses on the jurisprudence of the PCIJ and the ICJ, as well as the ongoing work of the ILC on general principles, shows that each of the orthodox assumptions regarding the provenance and role of general principles is open to scrutiny, and any conception of general principles which rests upon such assumptions is necessarily incomplete. Furthermore, and perhaps most importantly, such conceptions very often do not accord with how general principles are actually used in practice. The thesis argues that it is necessary to conceptualise general principles in a more open manner to better account for practice and to make general principles both a more useful tool for dispute settlement, and a better understood source of international law. This reconceptualisation involves noting the composite nature of general principles’ provenance and function, their distinctive process of formation, as well as the fact they are dispute settlement norms by nature.

Law and Legislation

General Principles of Civil Law
International Law

general principles of law, general principles of international law, sources of law, International Court of Justice, Permanent Court of international Justice,

No

0

No

334

317

File access is restricted until 2027-07-05.

https://pergamos.lib.uoa.gr/uoa/dl/object/3402458