Article 38 of the Statute of the International Court of Justice defines "international law" to include not only "custom" and "convention" between States but also "the general principles of law recognized by civilized nations" within their municipal legal systems. In 1953, Bin Cheng wrote his seminal book on general principles, identifying core legal principles common to various domestic legal systems across the globe. This monograph summarizes and analyzes the general principles of law and norms of international due process, with a particular focus on developments since Cheng's writing. The aim is to collect and distill these principles and norms in a single volume as a practical resource for international law jurists, advocates, and scholars. The information contained in this book holds considerable importance given the growth of inter-state intercourse resulting in the increased use of general principles over the past 60 years.
General principles can serve as rules of decision, whether in interpreting a treaty or contract, determining causation, or ascertaining unjust enrichment. They also include a core set of procedural requirements that should be followed in any adjudicative system, such as the right to impartiality and the prohibition on fraud. Although the general principles are, by definition, basic and even rudimentary, they hold vital importance for the rule of law in international relations. They are meant not to define a rule of law, but rather the rule of law.
Industry Reviews
"This well-structured book provides an up-to-date analysis of general principles and due process, focusing on more recent developments since Bin Cheng's classic work on the topic. ... KOTUBY and SOBOTA illustrate the topic by way of extensive case law analysis issued by national and international tribunals as well as arbitral tribunals. The authors offer comprehensive guidance to practitioners and scholars." -- Caroline Dos Santos, ASA Bulletin
"This book makes a signal contribution to the progressive development of international law by its searching study of the place of general principles of law in contemporary international arbitration and their relationship to due process of law in international and national proceedings. It proceeds to expound the particulars of salient general principles in depth. It does so with scholarship, insight, and panache." -(From the Foreword) Stephen M. Schwebel
"As said once by Kurt Lewin in another context, [there is nothing more practical than a good theory]. At a time when the number of international courts and tribunals is increasing, international judges and arbitrators aim to establish their respective decisions on the most universal of grounds; they are more than ever conduced to refer to the fundamental values that bring together positive rules and normative visions. In that respect, Charles Kotuby and Luke
Sobota offer a brilliant, comprehensive, and most useful study on the place and role of general principles of law in contemporary international arbitration in relation to the due process of law as
fertilized by comparative and international law." -Pierre-Marie Dupuy, International Arbitrator
"Experience teaches that general principles of law mean, in practice, different things to different minds. Common ground on legal axioms is more a presumption than a truth-as pluri-jurisdictional colloquy shows. So when their precise content is nurtured from distilling lessons stemming from the (voluminous) corpus of awards, judgments, and treatises hailing from international adjudication, it is not only guidance which is conferred to arbitrators and advocates
engaged in transnational advocacy, but solace. Such is the achievement of Messrs. Sobota and Kotuby in their learned treatise." -Francisco González de Cossío, International Arbitrator
"This book explores how general principles of law are being applied, providing a timely update to Bin Cheng's classic work. It focuses on the application of the principles to private conduct - an astute response to the evolution of international process over the past half-century. The result is a work that will benefit both scholars and practitioners." -James Crawford, Judge, International Court of Justice
"Their contribution to the topic of general principles provides a significant step towards the international community's fuller understanding of the basic building blocks that construct international law." - Dr. Marija Dordeska, S.J.D., LL.M., Transnational Dispute Management
