General Principles of Law in the Decisions of International Criminal Courts and Tribunals (Hardcover) (ISBN-13: 9789004170476)

International lawyers usually disregard the vital functions that general principles of law may play in the decisions of international courts and tribunals. As far as international criminal law is concerned, general principles of law may be crucial to the outcome of an international trial, inter alia because the conviction of an accused in respect of a particular charge may depend on the existence of a given defence under this source. This volume examines the role that general principles of law have played in the decisions of international criminal courts and tribunals. In particular, it analyses their alleged 'subsidiary' nature, their process of determination, and their transposition from national legal systems into international law. It concludes that general principles of law have played a significant role in the decisions of international criminal courts and tribunals, not only by filling legal gaps, but also by being a fundamental means for the interpretation of legal rules and the enhancement of legal reasoning.

Author: Fabián Raimondo
ISBN-10: 9004170472
ISBN-13: 9789004170476
Publisher: Brill Nijhoff
Language: English
Published: 10/02/2008
Pages: 214
Format: Hardcover
Weight: 1.15lbs
Size: 9.60h x 6.50w x 0.70d

Review Citation(s):
Scitech Book News 03/01/2009 pg. 11