General Principles of Law and International Due Process: Principles and Norms Applicable in Transnational Disputes by Charles T. Kotuby

General Principles of Law and International Due Process: Principles and Norms Applicable in…

byCharles T. Kotuby, Luke A. Sobota, Center for International Legal Education (CILE) University of Pittsburgh School of Law

Hardcover | March 15, 2017

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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 hisseminal 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'swriting. 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 theincreased 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 andthe 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.

About The Author

Charles T. Kotuby, Jr. is a partner at Jones Day in Washington D.C. His practice concentrates on litigation concerning foreign sovereigns and commercial and investment arbitration. He is a Fellow of the Chartered Institute of Arbitrators, and has for the past several years been teaching law schoold courses on international arbitration ...

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Title:General Principles of Law and International Due Process: Principles and Norms Applicable in…Format:HardcoverDimensions:304 pages, 10.12 × 7.28 × 1.18 inPublished:March 15, 2017Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:019064270X

ISBN - 13:9780190642709

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"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 resultis a work that will benefit both scholars and practitioners." --James Crawford, Judge, International Court of Justice