Call for Papers GENERAL PRINCIPLES OF INTERNATIONAL LAW: MORE THAN A GAP-FILLER? Netherlands Yearbook of International Law Volume 54 (2023) Seline Trevisanut and Panos Merkouris Volume Editors
Treaties and customary international law are the most cited and researched sources of international law, and used in almost all international legal proceedings as the legal basis of claims. Yet, according to classical doctrine on sources of international law, as enshrined in Article 38 of the Statute of the International Court of Justice (ICJ), there is one more formal source of international law, that of ‘general principles of law.’ An early attempt at defining it in international case-law appeared in the Antoine Fabiani case, where the tribunal opined that ‘the general principles of the law of nations on the denial of justice [are] … the rules common to most legislations or taught by doctrines’.1 The International Law Commission (ILC), recently added general principles of law as one of its topics under consideration for its study2, and its reports so far have shed light on a variety of issues connected to this source of international law and keep on doing so.
We welcome papers that:
• examine the jurisprudence of international courts and tribunals on general principles of law (whether focusing on a particular court/tribunal or a cross-tribunal analysis or comparison);
• focus on specific principles and how they function, either focusing on a specific principle or principles specific to certain regimes or areas of international law (indicatively, but not restricted to, environmental law, law of treaties, law of the sea, reparations);
• apply a critical lens on general principles (e.g., from a TWAIL, decolonial or feminist perspective).
For more details, refer here
