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Max Planck Encyclopedia of Public International Law [MPEPIL]

General Principles of Law

Giorgio Gaja

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 26 September 2020

Customary international law — State practice — Recognition and enforcement — International courts and tribunals, decisions — International courts and tribunals, procedure

Published under the auspices of the Max Planck Foundation for International Peace and the Rule of Law under the direction of Rüdiger Wolfrum.

1 References to general principles of law may be found in arbitral decisions concerning international disputes well before the adoption of the Statute of the Permanent Court of International Justice (PCIJ). For instance, in the arbitration between France and Venezuela in the Antoine Fabiani Case the arbitrator said that he would apply ‘the general principles of the law of nations on the denial of justice’ and defined those principles as ‘the rules common to most legislations or taught by doctrines’ (at 117). However, only Art. 38 (c) PCIJ Statute gave great...
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