Sociology | Mercantile Law | International Law | International Relations

GENERAL PRINCIPLES OF LAW RECOGNIZED BY CIVILIZED STATES
In Lotus Case; the PCIJ observed; “Words ‘Principles of International Law’ are considered as international law applied between the nations belonging to community of states.”

Lauterpacht rightly remarked; “Main function of ‘General Principles’ has been that of safety-valve to be kept in reserve rather than a source of frequent application.”

‘Pacta sunt Servanda (Promises must be fulfilled/Pacts should not be based on Immoral Grounds), Res Judicata (A Matter Already Judged) and Estoppel are among the principles adopted by the world states. Res Judicata was the principle applied in case ‘Chorzow Factory – 1927’ by PCIJ.

In the ruling of a case ‘R v. Keyn’ it was mentioned; “International law is based on justice, equality and conscience which has been accepted by long practice of states.”

Here, again the Soviets were narrow minded for they did not consider general principles as part of international law.

Some other principles of international stature are;

• Good Faith
• Responsibility
• Prescription
• Right of Self-Defence (Article 51 of UN Charter)