The principles of Public International Law
The general principles of law:
Article 38 lists the general principles of law. The term ‘General Principles of Law’ is an old term that has had many different interpretations. These interpretations are sometimes, conflicting.
According to the naturalist doctrine, these are principles that are applicable under the natural and divine law and these are applicable between "civilized" nations and people.
These are principles that are inherent to the legal system and it is the idea that the constitutive principles are related to the very idea of a legal order. One example of the principle pacta sumservanda, is that that we must respect the pact that "was concluded, or the principle of good faith.” These are two principles that are necessary for the existence of a legal order. There is also a general obligation to repair its own damage to the foundation of the tort law, or the principle of competence.
Tags - Public International Law, general principles of Law
The contribution made to the concept of the supremacy of European Community Law by the judgment...
«Introduction.. The evolution of supremacy of EC law.. ECJ's purpose in EC law.. The significance of the Factortame decision.. Macarthys Ltd v Smith.. The contrast in the methods of law reporting within the civil law and common law jurisdictions..»
«The tension between European Community law (EC) and national law is arguably the most debated topic of constitutional law . The convention of Parliamentary supremacy is rooted within the British constitution as a fundamental limb of the separation of powers doctrine . Constitutional convention in...»
Consider the extent to which international law is law, or 'really law' or 'law properly...
«Introduction.. Positivist views on international law.. The rise and fall of the predominant paradigm.. From Bentham's introduction to the principles of morals and legislation to H.L.A. Hart's the concept of law.. Consequences of modernity on international law: The increasing haziness of discipline...»
«Charlotte Ku and Paul F. Diehl noticed that at first sight, 'International' and 'Law' sound contradictory: "how can one imagine a structured and developed legal system functioning in a political environment that is diffused, disparated, unregulated and conventionally described as anarchic?"...»
Persecution, famine, and exodus: Ireland in the eighteenth and nineteenth centuries
«Introduction. About Ireland. Events. Conclusion.»
«For centuries, Ireland and Britain have had closely intertwined histories and relations. Ireland, as we know it today, has been influenced tremendously by its relations with Britain. It is known as a place of religious and cultural tension, much of which dates back to the eighteenth and nineteenth...»
International Humanitarian Law
«Introduction. Article 47 Protocol I Additional to the Geneva Conventions. The Gurkhas and the French Foreign Legion . The French Foreign Legion. The Gurkhas and the FFL: Mercenaries ?. To what extent the UN Convention on Mercenaries develops the law in this area. As to the definition of...»
«Critically analyse the prohibition against the use of mercenaries in Article 47 of API. - Would the Brigade of Gurkhas or the French Foreign Legion be considered as mercenaries under this definition ? - Evaluate the extent to which the UN Convention on Mercenaries develops the law in this...»