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Ch.2 Modern Applications of the General Principles of Law

Charles T. Kotuby, Jr., Luke A. Sobota

From: General Principles of Law and International Due Process: Principles and Norms Applicable in Transnational Disputes

Charles T. Kotuby, Jr., Luke A. Sobota, Center for International Legal Education (CILE) University of Pittsburgh School of Law

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 20 January 2022

Command responsibility — Abuse of rights — Good faith — Legitimate expectations — Estoppel — Unjust enrichment — General principles of international law — Remedies and costs

The purpose of this chapter is to define the general principles of law as they have been applied in national courts and international tribunals. For instance, the very concept of the law requires good faith adherence to contractual obligations (pacta sunt servanda) and the good faith exercise of legal rights. States as well as private parties are also precluded from contradicting their actions (estoppel) or abusing their rights, thereby defeating the legitimate expectations of another. Nor may they benefit from their own wrong or be unjustly enriched at another’s expense. All parties are liable for acts caused by and attributable to them, and the concept of responsibility requires that the consequences of their wrongful act be wiped out. In their various iterations and permutations, these exemplary principles are the logical consequences of the rule of law and the foundation of every legal order.

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