General Principles of Law Formed Within the International Legal System?
Author: Ori Pomson
Article 38(1)(c) of the Statute of the International Court of Justice provides that one of the sources of international law is the general principles of law. This source of international law has given rise to many controversies. However, the issue which is giving rise to the most controversy in the International Law Commission’s ongoing work on general principles of law is whether this source includes general principles of law formed within the international legal system. The present post seeks to address this controversy. It will first provide some basic background on the source of general principles of law, as well…