Practice free →
HomeLLMLawInternational Law › UNDER GENERAL PRINCIPLES of law recognised by ci…

UNDER GENERAL PRINCIPLES of law recognised by civilised nations (Article 38(1)(c) ICJ Statute), the ICJ has accepted:

Aonly specific principles found in the legal systems of permanent UNSC members (cf. ICJ Statute Article 38(1)(c); various ICJ cases)
Bonly principles from common law jurisdictions exclusively (cf. ICJ Statute Article 38(1)(c); various ICJ cases)
Conly principles from Roman civil law systems specifically (cf. ICJ Statute Article 38(1)(c); various ICJ cases)
Dprinciples common to most legal systems — e.g., GOOD FAITH, RES JUDICATA, ESTOPPEL, prohibition of unjust enrichment, principles of state responsibility
Answer & Solution
Correct answer: D. principles common to most legal systems — e.g., GOOD FAITH, RES JUDICATA, ESTOPPEL, prohibition of unjust enrichment, principles of state responsibility
1. Article 38(1)(c) ICJ Statute: 'general principles of law recognized by civilized nations'. 2. The ICJ has applied general principles such as: 3. Good faith (Nuclear Tests Cases, 1974 ICJ Rep 253); Estoppel (Temple of Preah Vihear, 1962); Res judicata (Genocide Convention case, 2007); Equity (North Sea Continental Shelf, 1969); Procedural due process; Necessity. 4. The principles are derived from a COMPARISON of national legal systems (chiefly civil, common, and increasingly Islamic, African, etc.). 5. Hence option B is correct. _Source: UN Charter 1945 / Vienna Convention on Law of Treaties 1969 / Geneva Conventions 1949 / ICJ Statute / UDHR ICCPR ICESCR — ICJ Statute Article 38(1)(c); various ICJ cases_
Solve this in the app — LLM practice & 24k+ MCQs →
Related questions