UNDER GENERAL PRINCIPLES of law recognised by civilised nations (Article 38(1)(c) ICJ Statute), the ICJ has accepted:
Answer & Solution
Correct answer: D.
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_
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