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Journal articles on the topic 'General principle of international law'
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1
Bjorge, Eirik. "Public Law Sources and Analogies of International Law." Victoria University of Wellington Law Review 49, no. 4 (November 15, 2018): 533. http://dx.doi.org/10.26686/vuwlr.v49i4.5339.
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Are the "general principles of law recognised by civilized nations" capable of adjusting to the progress and needs of the international community? This article argues that they are, and that international law needs, to a larger degree than what has been the case, to draw on principles of public law. Those principles of public law are not to supplant, but to supplement, those of private law. The article analyses four principles: the principle of legality; the principle requiring positive legal basis for state action; the principle that even the highest emanation of the executive power cannot escape judicial review; and the principle of protection of legitimate expectations. If one takes account of the needs of international law, there is no reason whatever why today we should accede to the orthodoxy that the intention behind the concept of general principles is only to authorise a court to apply the general principles of municipal jurisprudence, in particular of private law, in so far as they are applicable to relations of states – if for no other reason than the fact that international law no longer governs only relations of states.
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Jackson, Miles. "State Instigation in International Law: A General Principle Transposed." European Journal of International Law 30, no. 2 (May 2019): 391–414. http://dx.doi.org/10.1093/ejil/chz021.
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Abstract It is widely believed that international law imposes no general prohibition on instigation – no general prohibition on states inducing, inciting or procuring other states to breach their international obligations. The absence of a prohibition on instigation stands in contrast to the now entrenched prohibition on the provision of assistance to another state that facilitates an internationally wrongful act. In this article, I argue that the orthodox position on instigation is incorrect. I argue that a prohibition on instigation is founded on a general principle of law, as envisaged in Article 38(1)(c) of the Statute of the International Court of Justice, and that it would be appropriate to transpose that general principle to the international legal system. To sustain this argument, I first construct a representative set of domestic jurisdictions for comparative analysis. Second, through a brief comparative survey, I assess whether in each of these domestic jurisdictions it is wrongful, in one way or another, for an actor to instigate another to commit an act that it would be wrongful for it to do itself. And, third, I argue that the transposition of this principle from domestic law to international law is conceptually and normatively appropriate.
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KIM, Jinyup. "Solidarity as a General Principle of Law in International Law." Ewha Law Journal 25, no. 3 (March 31, 2021): 159–92. http://dx.doi.org/10.32632/elj.2021.25.3.159.
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Gil-Bazo, M. T. "Asylum as a General Principle of International Law." International Journal of Refugee Law 27, no. 1 (February 3, 2015): 3–28. http://dx.doi.org/10.1093/ijrl/eeu062.
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Dumberry, Patrick. "The Clean Hands Doctrine as a General Principle of International Law." Journal of World Investment & Trade 21, no. 4 (August 10, 2020): 489–527. http://dx.doi.org/10.1163/22119000-12340182.
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Abstract The question of the scope and application of the doctrine of clean hands by investment tribunals is controversial. This article examines how scholars, international courts and tribunals and investment tribunals have analysed the concept. I will show that while the doctrine has rarely been used by international tribunals, they have nonetheless recognised and applied the clean hands doctrine in several awards. I will critically assess the reasoning of the Yukos award and, most importantly, the recent South American Silver Limited award, which have both held that the clean hands doctrine is not a general principle of law. I will argue, like many writers, that the doctrine should be considered as a general principle of international law. The article examines this concept and describes how such principles emerge on the international plane in a manner different from general principles grounded in the domestic laws of States.
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Kaminska, Ilona. "FUNCTIONAL PRINCIPLES OF EU LAW IN THE LAW ENFORCEMENT PRACTICE OF THE COURT OF JUSTICE." Visnyk of the Lviv University. Series Law 71 (December 18, 2020): 11–23. http://dx.doi.org/10.30970/vla.2020.71.011.
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The article is devoted to the study of the principles of law that determine the fundamentals of the EU functioning. The concepts of general principles of law, international principles of law as well as principles of EU law are distinguished. The principles of EU law are classified into international, democratic, economic, organizational, functional, sectoral. The study of the principles of EU law is important for Ukrainian science in the context of Ukraine's integration into the EU. The results of the research will help the judiciary to integrate the principles of EU law into its case law. The Constitutional Court of Ukraine and the Supreme Court will play an important role in the integration of EU law into the national legal order. The following definition of the concept is proposed: the principles of EU law are the fundamental ideological principles of the EU legal system, which determine legal status of the EU as a subject of law and international relations; legal status of EU citizens; basic principles of organization and functioning of the EU; areas, limits and mechanisms for exercising the powers of the EU institutions; principles of legal regulation in the areas that fall within the competence of the EU. The principle of conferral is singled out as a fundamental functional principle from which other principles of EU law originate, namely: the principle of coherence of policies and actions; the principle of open EU cooperation with Member States; the principle of subsidiarity; the principle of proportionality; the principle of open cooperation between EU institutions; the principle of institutional balance. Their relationship and the mandatory nature of compliance are established. The operation of any of the institutions contrary to the principle of conferral or any of the principles named is a ground for appealing against such actions before the Court of Justice. According to Article 263 TFEU, the Court of Justice has the jurisdiction to review the legality of legislative acts, decisions or actions of the European Council, the European Parliament, the European Commission and the European Central Bank, as well as bodies, offices and agencies intended to produce legal effects vis-à-vis third parties. The content of the functional principles of EU law is revealed and the order of their application by the Court of Justice of the EU is analyzed on the example of one of the decisions. The classification of principles of EU law on a source of their placement is offered. In the system of principles of EU law should also be distinguished: 1) the principles of law that follow from the provisions of international law (the principle of peaceful cooperation and the principles of the UN Charter); 2) the principles of law derived from the principles of market economy and social policy (the principle of economic, social, territorial unity of the Member States and solidarity between them); 3) the principles of law derived from democratic principles (principle of respect for human dignity, freedom, representative democracy, equality, rule of law, respect for human rights, including the rights of minorities). Therefore, in a general sense, the system of principles of EU law includes: international principles of law, general (democratic principles of law, economic principles, principles of EU law) (organizational, functional, sectoral). KEYWORDS Key words: general principles of law, principles of EU law, EU Court of Justice, the principle conferral, EU goals
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Dumberry, Patrick. "The Emergence of the Concept of ‘General Principle of International Law’ in Investment Arbitration Case Law." Journal of International Dispute Settlement 11, no. 2 (February 10, 2020): 194–216. http://dx.doi.org/10.1093/jnlids/idz027.
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Abstract This article examines the concept of ‘general principle of international law’ and the way it has so far been used by tribunals in investment cases. It will first outline the nature and meaning of these principles emerging on the international plane and distingue them from other general principles grounded in States’ domestic laws. The empirical analysis of four general principles (burden of proof, estoppel, res judicata and abuse of rights) shows that many tribunals have explicitly recognized them as general principles of international law. The reasoning of other tribunals, the expressions they have used and the international law material they have referred to strongly suggest that they have also come to the same conclusion. Finally, this article considers the reasons why this concept is important to the further development of investment arbitration.
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Czaplińska, Anna. "Responsibility in International Law: General Principle or Institution of Customary Law?" Wroclaw Review of Law, Administration & Economics 8, no. 2 (December 1, 2018): 249–57. http://dx.doi.org/10.1515/wrlae-2018-0046.
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Djatmiko, Agoes, and Elisabeth Pudyastiwi. "PROTECTION AND PRESERVATION SEA ENVIRONMENT IN INTERNATIONAL LAW PERSPECTIVE." Jurnal Komunikasi Hukum (JKH) 6, no. 1 (February 15, 2020): 185. http://dx.doi.org/10.23887/jkh.v6i1.23469.
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Protection of the marine environment within the framework of international law is actually an accumulation of The Principle of National Sovereignity and The Freedom of High Sea. The International Maritime Organization (IMO) states that "a right on the part of an astat threatened with the environmental injury from sources beyond its territorial jurisdiction, at least where those sources are located on the high seas, to take reasonable action to prevent or abate that injury ". The general principle of good neighbor liness can be found in international customary law as well as in Article 74 of the UN Charter. This principle is reflected in several international treaties and is supported by the country's main practices in dangerous and emergency activities. Cooperation is contained in the 24th Principle of the Stockholm Declaration and the 27th Principle of the Rio Declaration which states that countries must cooperate in the principles of good faith and the spirit of partnership as efforts to protect the environment. Keywords: protection of the marine environment, principles of good faith, International Maritime Organization (IMO)
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Ndeunyema, Ndjodi. "Unmuddying the Waters: Evaluating the Legal Basis of the Human Right to Water Under Treaty Law, Customary International Law, and the General Principles of Law." Michigan Journal of International Law, no. 41.3 (2020): 455. http://dx.doi.org/10.36642/mjil.41.3.unmuddying.
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This article evaluates the existence of a freestanding, general human right to water under each of the three principal sources of international law: treaty, customary international law, and the general principles of law. To date, the right to water has been derived from treaty law, most prominently as part of the right to an adequate standard of living in article 11 of the International Covenant on Economic, Social and Cultural Rights (as implied by General Comment 15 to the ICESCR). The potential importance of a non-treaty based right to water––as a matter of customary international law or a general principle of law––is that it would bind all states, including states that are not parties to treaties with right to water provisions. Therefore, this article evaluates the state practice and opinio juris elements of custom supporting a right to water. Recognizing the disputed nature of how these two elements generally interact to crystallize into a customary norm, the article considers the problem using two distinct methodological approaches: the sliding scale approach and the reflective equilibrium approach. Finally, the paper considers whether a right to water is supported by the general principles of law. Although the right to water is not directly created by the general principles of law, the principles can nevertheless be applied to develop states’ positive and negative obligations for water provision.
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Rashbrooke, Gwenaele. "The International Tribunal for the Law of the Sea: A Forum for the Development of Principles of International Environmental Law?" International Journal of Marine and Coastal Law 19, no. 4 (2004): 515–36. http://dx.doi.org/10.1163/1571808053310107.
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AbstractThis article examines the role of the ITLOS established by the 1982 Law of the Sea Convention. It considers the extent to which principles of international environmental law are reflected in the 1982 Convention. It then reviews the relevant jurisprudence of the tribunal including the Southern Blue-fin Tuna case between Japan and Australia and New Zealand, the MOX case between Ireland and the UK, and the Land Reclamation case between Malaysia and Singapore to determine the extent that the ITLOS case-law has indeed contributed to the development of certain key principles of international environmental law, including Stockholm Principle 21/Rio Principle 2, the principle of preventative action, cooperation and precaution.
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POPOVA, O. A. "PRINCIPLE OF INTERNATIONAL COOPERATION IN MODERN INTERNATIONAL SPACE LAW." Courier of Kutafin Moscow State Law University (MSAL)), no. 12 (March 14, 2021): 159–71. http://dx.doi.org/10.17803/2311-5998.2020.76.12.159-171.
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The article considers the principle of international cooperation within the framework ofmodern international space law. The author comes to the conclusion that the principle is a principle of general international law, but it has some features in international space law due to the specifi c of this branch. Such features include the implementation of international cooperation in accordance with international law, including the Charter of the United Nations and the Outer Space Treaty; for the bene fi t and in the interests of all countries taking into special consideration the needs of the developing countries (In particular, obligation of the States to consider on a basis of equality any requests by other States Parties to the Outer Space Treaty to be aff orded an opportunity to observe the fl ight of space objects launched by those States and to inform the international community of their activities in outer space); on an equitable and mutually acceptable basis, using the most eff ective and appropriate modes of cooperation; in the fi eld of the exploration and use of outer space for peaceful purposes. The broad participation of the private sector in international space cooperation is also an important feature.
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de Souza Dias, Talita. "Accessibility and Foreseeability in the Application of the Principle of Legality under General International Law: A Time for Revision?" Human Rights Law Review 19, no. 4 (December 2019): 649–74. http://dx.doi.org/10.1093/hrlr/ngz029.
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ABSTRACT The principle of legality is one of the most fundamental principles of domestic and international criminal law. It features in some of the most prominent human rights instruments, and its application has been scrutinised by various human rights courts and international criminal tribunals. One of the principal tests used to check compliance with that principle measures the accessibility and foreseeability of the criminal law at the time of the conduct. Yet a close analysis of this test reveals a number of fundamental flaws that seem to have escaped the eyes of most commentators and practitioners. These have led to outcomes of dubious legality. In this article, I argue that those problems are serious enough to justify a revision or a substitution of that test for one which is more in line with the rationales and dictates of the legality principle.
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Berger, K. P. "The Settlement Privilege: A General Principle of International ADR Law." Arbitration International 24, no. 2 (June 1, 2008): 265–76. http://dx.doi.org/10.1093/arbitration/24.2.265.
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Sykes, Katie. "“Nations Like Unto Yourselves”: An Inquiry into the Status of a General Principle of International Law on Animal Welfare." Canadian Yearbook of international Law/Annuaire canadien de droit international 49 (2012): 3–49. http://dx.doi.org/10.1017/s0069005800010316.
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SummaryThis article proposes that there is a general principle of international law concerning the humane treatment of animals. Preoccupation with “animal rights” has been associated with Western cultural imperialism masquerading as a universal ethic. Animal welfare is thus an instructive case study of what Jutta Brunnée and Stephen Toope have identified as the key challenge for international law, that of “construct[ing] normative institutions while admitting and upholding the diversity of peoples in international society.” This article applies the framework of interactional international law set out in Brunnée and Toope’s recent bookLegitimacy and Legality in International Law, while raising questions about the weight that their analysis accords to practice and their willingness to conclude that widely recognized principles to which states fail to adhere in practice lack legal force. The article also examines how laws prohibiting cruelty to animals have emerged precisely from an interactive cultural exchange between East and West, in particular, between England and India. It concludes that Brunnée and Toope’s framework, although it does not deal at any length with general principles of law (a source of international law in which practice plays a relatively minor role), is nevertheless a useful tool for understanding how a culturally contested principle fits into international law and ultimately supports the view that there is a general principle of international law concerning animal welfare.
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Phimolsathien, Thepparat. "Customary International Law and General Principles of Law and the Protection of the Environment." International Journal of Social Science and Humanity 5, no. 9 (2015): 816–21. http://dx.doi.org/10.7763/ijssh.2015.v5.563.
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Mosquera Valderrama, Irma Johanna. "BEPS principal purpose test and customary international law." Leiden Journal of International Law 33, no. 3 (May 27, 2020): 745–66. http://dx.doi.org/10.1017/s0922156520000278.
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AbstractThe overall aim of this article is to analyse the principal purpose test as an emerging rule of customary international tax law. By means of the principal purpose test, the tax administration can deny the tax treaty benefit if one of the principal purposes of the action undertaken by the taxpayer was to obtain a benefit. This principal purpose test has been developed by the OECD with the political support of the G20 as one of the actions to tackle Base Erosion and Profit Shifting by multinationals (BEPS Project). At the time of writing, 137 jurisdictions including non-OECD, non-G-20 countries have committed to the implementation of the principal purpose test in their current and future tax treaties. Based on the analysis of the objective element (state practice) and subjective element (accepted as law), there are indications that this principal purpose test can emerge as a principle of customary international law. In the past, international tax law scholars addressed the customary international law regarding the OECD/UN tax treaty Models, the OECD Harmful Tax Practices, and the arm’s length principle. However, current international tax developments, including the BEPS Project, call for an analysis of the main elements of customary international law in respect of the principal purpose test, a general anti-avoidance rule that by its own nature, is often general, vague, and imprecise. Therefore, the findings of this article can be useful for generating new areas of research by international public law, international law, and international tax law experts.
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Bartels, Rogier. "Dealing with the Principle of Proportionality in Armed Conflict in Retrospect: The Application of the Principle in International Criminal Trials." Israel Law Review 46, no. 2 (June 14, 2013): 271–315. http://dx.doi.org/10.1017/s0021223713000083.
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The principle of proportionality is one of the core principles of international humanitarian law. The principle is not easy to apply on the battlefield, but is even harder to apply retrospectively, in the courtroom. This article discusses the challenges in applying the principle during international criminal trials. It discusses the principle itself, followed by an explanation of the general challenges of dealing with violations of international humanitarian law, and more specifically the rules related to the conduct of hostilities, during war crime trials. The way in which the principle has been used before the International Criminal Tribunal for the former Yugoslavia is examined, including an in-depth discussion of the recentGotovinacase. The second part consists of an evaluation of Article 8(2)(b)(iv) of the Rome Statute of the International Criminal Court, and discusses the difficulties the International Criminal Court would face in cases dealing with violations of the principle of proportionality.
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Marchiso, S. "Sustainable management of water resources and international law." Water Science and Technology 42, no. 1-2 (July 1, 2000): 241–47. http://dx.doi.org/10.2166/wst.2000.0320.
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The need is being increasingly felt within the international community for more careful consideration of the legal and institutional aspects involved in the use and management of water resources. Existing legal regimes, both national and international, may have no provisions for regulating or controlling new needs for sustainable management of waters. Innovative legal frameworks for water must thus be designed to both facilitate and achieve efficient allocation or reallocation of resources for environmental protection and proceed towards the attainment of social, economic and more general sustainable development goals. The no-harm rule, the equitable apportionment principle and the duty of consultation and negotiation among riparian or sharing States are now integrated by rules and standards pertaining to the new branch of international law on sustainable development: the duty of co-operation, the precautionary principle, the prevention rule, the polluter-pays principle, the environmental impact assessment requirement, which are gaining relevance also in the context of international water resources law, as shown by the 1997 New York Convention on the Law of the Non-Navigational Uses of International Watercourses. Sustainable water management also implies widespread adoption of good governance principles that ensure broader participation in development decisions and an open decision-making process. In developing and using water resources, priority has to be given to the satisfaction of the basic right to water. This paper intends to identify an effective legal international regime for management of water resources, compliant with sustainable development principles solemnly asserted within international law.
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Sirait, Yohanes Hermanto. "GENERAL DATA PROTECTION REGULATION (GDPR) DAN KEDAULATAN NEGARA NON-UNI EROPA." Gorontalo Law Review 2, no. 2 (October 30, 2019): 60. http://dx.doi.org/10.32662/golrev.v2i2.704.
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Generally, the GDPR applies to data processing activities conducted by organisations established in the European Union (EU). But in certain activities, GDPR may also apply outside EU according to extra-teritorial principle. This principle has correlation to concept of sovereignty in international law. This article aims to examine whether a state must abide to GDPR when the requirement fulfiled or should the states use their sovereignty as a basis to deny it. This article is normative legal research. It focus on case-law, statutes and other legal source as primary and subsidiary source. The analysis is deductive by reasoning from more general to more specific. The result show that extra-teritorial principle under GDPR is in accordance to international law. The practice is common in the world in order to protect the citizen and national interest from any threat from abroad. The chance of overlapping between this principles with state’s sovereignty is hardly to occur as the principle only works when the interest of European citizen violated.
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Haseeb Ansari, Abdul, and Sri Wartini. "Application of precautionary principle in international trade law and international environmental law." Journal of International Trade Law and Policy 13, no. 1 (March 11, 2014): 19–43. http://dx.doi.org/10.1108/jitlp-04-2013-0006.
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Purpose – The purpose of writing this paper is to present a comparative but critical assessment of the applicability of the precautionary principle (PP) under the SPS Agreement, which is a part of the WTO regime by implication, and under the Cartagena Protocol, which has been made under the Convention on Biological Diversity. Design/methodology/approach – The paper presents an analytical exposition of both the sets of laws, trade law and environmental law. The methodology adopted is library based. The approach is to bring about an amicable co-existence of both the laws so that they could serve the dual purpose, i.e. promotion of trade and protection of “human, animal and plant life and health” and conservation of the environment. Findings – The DSB of the WTO should give due importance to the PP and should apply it liberally, keeping also in view the environmental aspects, so that along with free trade human, animal and plant health and life, and conservation of the environment are also protected. Practical implications – It will change the present paradigm and will bring both the sets of laws together. Originality/value – It focuses on the life and heath of poor people around the world. It, thus, pleads for application of strong PP.
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Mwakagali, Mpoki. "International Human Rights Law and Discrimination Protections." Brill Research Perspectives in Comparative Discrimination Law 1, no. 2 (January 31, 2018): 1–78. http://dx.doi.org/10.1163/24522031-12340002.
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AbstractNon-discrimination is a fundamental principle of international human rights law. This volume discusses the international legal framework on this principle and comparatively elaborates the definition of discrimination as well as the grounds of discrimination in the various general and specialised international human rights treaties, including the International Labour Organisation conventions. The element of special measures as an integral aspect of this principle is also raised. A comparative discussion on the incorporation of international standards on the principle of non-discrimination established in the international treaties in regional as well as national human rights frameworks is also set forth to provide practical illustrations of the application of these standards in more specific and localised perspectives. Selected regional frameworks discussed are the African, American and European human rights regional frameworks and the national frameworks are South Africa and Brazil.
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MANDZHIEVA, SVETLANA. "ON SOME PRINCIPLES DEFINING INTERNATIONAL SOCIAL SECURITY STANDARDS." Gaps in Russian Legislation 14, no. 3 (May 30, 2021): 313–19. http://dx.doi.org/10.33693/2072-3164-2021-14-3-313-319.
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The purpose of the research. In the legal literature, there is no unified approach to the concept and content of the principles that determine the essence of international norms of social security. This article analyzes various international social security standards with a view to identifying the basic principles that underlie them. Results. Analysis of the main international standards in the field of social security made it possible to highlight such principles in international social security law as the principle of general responsibility of the state for the establishment, functioning and accessibility of national social security systems; the principle of universal coverage of the population by the national social security system; the principle of the adequacy of the level and duration of the provision of benefits and social and medical services; and the principle of social solidarity between generations and social partners.
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Trouwborst, Arie. "The Precautionary Principle in General International Law: Combating the Babylonian Confusion." Review of European Community & International Environmental Law 16, no. 2 (July 2007): 185–95. http://dx.doi.org/10.1111/j.1467-9388.2007.00553.x.
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Morosin, Michele N. "Double Jeopardy and International Law: Obstacles to Formulating a General Principle." Nordic Journal of International Law 64, no. 2 (1995): 261–74. http://dx.doi.org/10.1163/157181095x00553.
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Linos, Katerina. "How to Select and Develop International Law Case Studies: Lessons from Comparative Law and Comparative Politics." American Journal of International Law 109, no. 3 (July 2015): 475–85. http://dx.doi.org/10.5305/amerjintelaw.109.3.0475.
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To develop international law claims, it is often critical to compare different countries’ laws. This essay explores how methods drawn from comparative law and comparative politics research can help international lawyers make comparative inquiries more simply and straightforwardly.International lawyers recognize three main sources of legal authority: treaties, custom, and general principles. Cross-national comparisons are deeply embedded in the very definitions of two of these three sources. To establish international custom, an international lawyer must show that a broad range of states consistently engage in a certain practice out of a sense of legal obligation. To establish a general principle, an international lawyer must show that it is “recognized by civilized nations”; in practice this requires that the principle be found in diverse legal families. Treaty interpretation does not necessitate cross-country comparison as a matter of definition: in theory, the text of the treaty itself could provide the requisite answers. However, in practice, international and domestic courts are typically faced with ambiguous treaty terms. To interpret them, they often turn to the jurisprudence of diverse states and to subsequent state practice, thus implicitly beginning a comparative inquiry. in sum, comparative international law is useful for identifying and applying international law, as this volume’s introduction explains.
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Duttwiler, Michael. "Liability for Omission in International Criminal Law." International Criminal Law Review 6, no. 1 (2006): 1–61. http://dx.doi.org/10.1163/157181206777066745.
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AbstractWhile deliberately excluding from its scope the issue of superior responsibility, this article considers whether there is a general rule of international law providing for liability for omission on which to base a concept of "improper crimes of omission" or "commission by omission".By analyzing international law sources, the article finds that treaty law contains a provision of only limited scope. A customary law rule, it argues, could not come into existence due to the lack of opinio iuris. Turning to general principles of law, the article studies various legal systems, concluding that there is a general principle of law, which for the purposes of criminal law equates the human conduct of omission with action, if a legal duty to act exists.Based on this finding, the article argues that the International Criminal Court is in a position to apply the concept of commission by omission despite the lack of such a general provision on omission in the Rome Statute.
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Neshataeva, T. N. "Eurasian integration: general values and legal institutions." Pravosudie / Justice 2, no. 3 (September 22, 2020): 62–85. http://dx.doi.org/10.37399/2686-9241.2020.3.62-85.
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Introduction. The article is devoted to the analysis of the civilisational foundations and features of Eurasian integration, their reflection in the charter documents and the practice of the Court of the Eurasian Economic Union. The author describes cultural integrity, including religion. Teoretical Basis. Methods. Specifically, in the modern world, the author distinguishes four civilisations: Christian, Sinic, Indian, and Muslim. Russia (the pivotal state of the Eurasian integration under discussion) is a poly-civilisational state, because its culture is based on historical multinationality, multiconfessionality, and multiculturalism. The basis of Russian law is Christian values (for example, the rule of law), but elements that derive from Islam (the “rule of power”), and Buddhism (the protection of natural connections) are also very important. The article uses empirical methods of comparison, description, interpretation, theoretical methods of formal and dialectical logic. Results. The author shows that compared with European integration, Eurasianism is based on slightly different values, namely: 1) the rule of law as a formal order; 2) collectivism and collegiality – the special significance of the rights and interests of an indefinite circle of persons in comparison with individual ones; 3) the priority of natural relationships in the group. The Eurasian Economic Union (EAEU) is an international organisation of a supranational type. In its statutory documents the religious and civilisational peculiarities characteristic of Eurasianism were also taken into account. The principles of international law (as the super-imperative norms of jus cogens) have priority in application, but differ in special content, namely: 1) respect for the sovereign rights of states; 2) equality of states, which are implemented not formally, but taking into account economic reality, and; 3) the principle of pacta sunt servanda. Specifically, the EAEU Commission and the corresponding Court are created to monitor compliance with the treaties. The court also has peculiar features: 1) In the documents the principle of independence of judges is especially emphasised (the chairman is the first among equals); 2) the relations of the Court with the national courts of the Member States of the Union are built in a special way: they take the positions of the Court in their practice on a voluntary basis. The international court of a supranational union is mainly aimed at overcoming dualism – duality in the law of integration association. This creates a uniform understanding of the norms of union law, which cannot be reduced only to the positive component that the court corrects with the natural essence of law – the protection of human rights. The author gives examples of problems encountered in building the EAEU: 1) the ratio of the principle of pacta sunt servanda and the principle of national sovereignty; 2) the principle of equality in its real, not formal essence. Discussion and Conclusion. The EAEU takes into account both the principles of Christian civilisation (respect for law), and the principles of other civilisations (for example, respect for power and the principles of harmonious construction of relations within the Union – multiculturalism). It is important for the Court to find a balance between activism and conservatism both in resolving international conflicts and in interpreting law. So, activism in the EAEU Court is manifested in human rights issues, and conservatism: in matters of monitoring the activities of the Commission. An important problem is the balance in ethical issues, which is associated with the multiconfessional composition of the Eurasian court. The author concludes by noting that in a situation where the requirements for the appointment of judges are blurred and there is no verification mechanism, it is difficult for the international composition of the Court to find ethical consensus.
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Neshataeva, T. N. "Eurasian integration: general values and legal institutions." Pravosudie / Justice 2, no. 3 (September 22, 2020): 62–85. http://dx.doi.org/10.37399/2686-9241.2020.3.62-85.
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Introduction. The article is devoted to the analysis of the civilisational foundations and features of Eurasian integration, their reflection in the charter documents and the practice of the Court of the Eurasian Economic Union. The author describes cultural integrity, including religion. Teoretical Basis. Methods. Specifically, in the modern world, the author distinguishes four civilisations: Christian, Sinic, Indian, and Muslim. Russia (the pivotal state of the Eurasian integration under discussion) is a poly-civilisational state, because its culture is based on historical multinationality, multiconfessionality, and multiculturalism. The basis of Russian law is Christian values (for example, the rule of law), but elements that derive from Islam (the “rule of power”), and Buddhism (the protection of natural connections) are also very important. The article uses empirical methods of comparison, description, interpretation, theoretical methods of formal and dialectical logic. Results. The author shows that compared with European integration, Eurasianism is based on slightly different values, namely: 1) the rule of law as a formal order; 2) collectivism and collegiality – the special significance of the rights and interests of an indefinite circle of persons in comparison with individual ones; 3) the priority of natural relationships in the group. The Eurasian Economic Union (EAEU) is an international organisation of a supranational type. In its statutory documents the religious and civilisational peculiarities characteristic of Eurasianism were also taken into account. The principles of international law (as the super-imperative norms of jus cogens) have priority in application, but differ in special content, namely: 1) respect for the sovereign rights of states; 2) equality of states, which are implemented not formally, but taking into account economic reality, and; 3) the principle of pacta sunt servanda. Specifically, the EAEU Commission and the corresponding Court are created to monitor compliance with the treaties. The court also has peculiar features: 1) In the documents the principle of independence of judges is especially emphasised (the chairman is the first among equals); 2) the relations of the Court with the national courts of the Member States of the Union are built in a special way: they take the positions of the Court in their practice on a voluntary basis. The international court of a supranational union is mainly aimed at overcoming dualism – duality in the law of integration association. This creates a uniform understanding of the norms of union law, which cannot be reduced only to the positive component that the court corrects with the natural essence of law – the protection of human rights. The author gives examples of problems encountered in building the EAEU: 1) the ratio of the principle of pacta sunt servanda and the principle of national sovereignty; 2) the principle of equality in its real, not formal essence. Discussion and Conclusion. The EAEU takes into account both the principles of Christian civilisation (respect for law), and the principles of other civilisations (for example, respect for power and the principles of harmonious construction of relations within the Union – multiculturalism). It is important for the Court to find a balance between activism and conservatism both in resolving international conflicts and in interpreting law. So, activism in the EAEU Court is manifested in human rights issues, and conservatism: in matters of monitoring the activities of the Commission. An important problem is the balance in ethical issues, which is associated with the multiconfessional composition of the Eurasian court. The author concludes by noting that in a situation where the requirements for the appointment of judges are blurred and there is no verification mechanism, it is difficult for the international composition of the Court to find ethical consensus.
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Bernardini, Piero. "Private law and general principles of public international law." Uniform Law Review - Revue de droit uniforme 21, no. 2-3 (August 2016): 184–96. http://dx.doi.org/10.1093/ulr/unw015.
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Chigara, Benedict Abrahamson. "Towards a nemo judex in parte sua Critique of the International Criminal Court?" International Criminal Law Review 19, no. 3 (May 11, 2019): 412–44. http://dx.doi.org/10.1163/15718123-01806004.
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When the relevance or, practice of international tribunals is impugned their tendency often is to resort to ‘vivere-existential reflexes’. This habit can incubate conflict between the particular tribunal and the requirements of General Principles of Law recognized by civilized nations. This risks disunity between international law, supranational law and domestic law. This article examines the International Criminal Court’s (icc) application and interpretation of Article 87 of the Rome Statute (1998) under the light of nemo judex in parte sua – a general principle of law recognized by civilized nations. The article recommends that an observatory for monitoring International Tribunals’ compliance with general principles of law recognized by civilized nations should be established and a database on non-compliance should be developed and maintained. This should check practice of international tribunals for consistency with general principles of law recognized by civilized nations in a manner that promotes the integrity of international law.
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McLachlan, Campbell. "INVESTMENT TREATIES AND GENERAL INTERNATIONAL LAW." International and Comparative Law Quarterly 57, no. 2 (April 2008): 361–401. http://dx.doi.org/10.1017/s0020589308000225.
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AbstractThe huge rise in the settlement of investment disputes by treaty has provoked an underlying question of great practical and theoretical importance: the relationship between the substantive standards protected in such treaties and general international law. This paper argues that the relationship is symbiotic: custom informing the content of the treay right; and State practice under investment treaties contributing to the development of general international law. It is the structured process of treaty interpretation which determines when and how reference to general international law may be made. Practice in this field supports a broader modern phenomenon, in which ‘general principles of law common to civilized nations’ may be informed not only by common principles of domestic law, but also by general principles of international law itself.
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Groussot, Xavier. "Proportionality in Sweden: The Influence of European Law." Nordic Journal of International Law 75, no. 3-4 (2006): 451–72. http://dx.doi.org/10.1163/157181006779139410.
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AbstractThe principle of proportionality constitutes a complex principle that could be seen as the keystone of the general principles of Community law and ECHR. The aim of this article is to demonstrate the influence of European Community (EC) law and the European Convention of Human Rights (ECHR) on the definition and application of the principle of proportionality in Swedish public law from 1996 to 2006. The Supreme Administrative Court has given some indications as to the application of the principle of proportionality, notably as to the importance of the balancing of interests. Interestingly, this Court has also been proactive as to the application of the principle of proportionality in internal law, e.g. concerning environmental law, tax law, administrative licenses. Moreover, the principle has influenced national legislation in many fields. It is argued, finally, that these jurisprudential and legislative developments increase the judicial protection of the individual and also modifies the structure of traditional judicial review by attributing a new role to Swedish national courts.
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Alexander, Atul, and Anushna Mishra. "Contribution of General Principles of International Law in Progressive Development of Transboundary Aquifers." Groningen Journal of International Law 8, no. 2 (February 16, 2021): 183–99. http://dx.doi.org/10.21827/grojil.8.2.183-199.
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Man’s ruthless exploitation of natural resources means that we are housed in a resource-deprived world. The tug of war for meager resources has led to many conflicts between States that we witness today. At the heart of the whole debate on resource crunch is the issue of shared natural resources between States. International law has formulated several legal instruments to govern the shared transboundary resources, laws on transboundary aquifers being one. The objective of this paper is to unlock the general principles of international law that regulate the transboundary aquifers. In this regard, the paper has been apportioned into three sections. The first section sets the tone by detailing the provisions of the 2008 Draft Articles on the Transboundary Aquifers dealing with general principles. The second segment of the paper lays down the cardinal principles regulating transboundary aquifers, which range from sustainable development to the principle of good faith. The final portion delves into the Israel-Palestine dispute and the India-Pakistan Indus Waters Treaty in the context of transboundary aquifers.
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Smuclerova, Martina. "International Law and Cyberoperations." International Journal of Cyber Warfare and Terrorism 11, no. 4 (October 2021): 1–20. http://dx.doi.org/10.4018/ijcwt.2021100101.
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Foreign cyberattacks and interferences are becoming more frequent and sophisticated. In the continued absence of a general consensus regarding the applicability of concrete international legal rules in the domain of cybersecurity, individual States are beginning to determine unilaterally their national positions. The article introduces and critically assesses the national strategy of France published in late 2019 in light of current international law and further developments in 2020. France confirms the validity of current international legal norms and raises challenging and innovative legal points for an efficient update such as the right to respond to any unlawful cyberoperation that targets France, right to preemptive self-defence, and violation of the due diligence principle. The mission of the article is to evaluate the document as an important source of impetus and the potential of its impact in international law of cybersecurity.
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Forteau, Mathias. "Comparative International Law Within, Not Against, International Law: Lessons from the International Law Commission." American Journal of International Law 109, no. 3 (July 2015): 498–513. http://dx.doi.org/10.5305/amerjintelaw.109.3.0498.
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Public international law and comparative law have so far been regarded as largely distinct fields, with little to no overlap between them. The degree of separation between the two disciplines is rendered in particularly stark relief by the absence in practice or scholarship of any real inquiry into the relationship between comparative law on the one hand and customary international law and general principles of international law on the other. Some eminent international lawyers go so far as to claim that it would be both unnecessary and unrealistic to have recourse to comparative law in the context of the identification of customary international law and general principles of law, pointing to the case law of the Permanent Court of International Justice and the International Court of Justice, which, according to them, “show[s] a clear disinclination towards the use of the comparative method.”
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Nutsalkhanov, G. N. "Legal Content of Disarmament as a Principle of Modern International Law." Russian Journal of Legal Studies 5, no. 4 (December 15, 2018): 30–37. http://dx.doi.org/10.17816/rjls18441.
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At each stage of historical development in the world there were problems that are of universal global character. Such a problem in the modern world is the problem of disarmament. The article studies disarmament as a principle of modern international law. Analyzing the content of the disarmament principle on the basis of the provisions enshrined in the UN Charter, states do not yet have a direct duty to disarm. This duty must be mediated through other rules that require States to do so, and the creation by States of such norms is their duty. Noting the difficulty of developing a mutually acceptable agreement on disarmament, the author shows the role of the UN General Assembly and the UN Security Council in defining the general principles of disarmament and developing concrete plans in this area. In this context, the work of the main organs of the United Nations, the author also considers the role of the Military Staff Committee as a subsidiary body of the UN Security Council. The author then examines the role of the UN Disarmament Commission. Despite the fact that the Commission is not directly called upon to draft specific draft agreements on disarmament, this, in our view, is possible because the possibility of considering specific disarmament plans is not excluded from the functions of the General Assembly. At the same time, the author notes that the activities of the Commission can not be outside the jurisdiction of the UN Security Council, since it is this body that is responsible for developing the final disarmament plans. An analysis of the international legal doctrine and existing international legal acts leads the author to the conclusion that in the modern international law the disarmament principle is being formed, which acquires a qualitatively different character with the adoption of the Treaty on the Prohibition of Nuclear Weapons
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PALIOURAS, ZACHOS A. "The Non-Appropriation Principle: The Grundnorm of International Space Law." Leiden Journal of International Law 27, no. 1 (January 24, 2014): 37–54. http://dx.doi.org/10.1017/s0922156513000630.
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AbstractThis article discusses the normative essence of the principle of non-appropriation in outer space as envisaged in Article II of the Outer Space Treaty, as well as its standing under customary international law. The analysis is structured with reference to the general public international law framework that governs the acquisition of territory by states, following the territorially based paradigm still prevalent in international law theory in stressing that the non-appropriation principle is indeed a norm of most increased significance within the corpus juris spatialis, i.e. the Grundnorm of international space law.
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Jalalian, Askar, and Zohreh Moradi. "Analysis on Principle of Sovereign Judicial Immunity in Municipal Courts in International Laws." International Letters of Social and Humanistic Sciences 30 (June 2014): 1–7. http://dx.doi.org/10.18052/www.scipress.com/ilshs.30.1.
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In this article principle of sovereign judicial immunity, developments and changes on this principle and change of principle of immunity from absolute to limited have been studied. Judicial immunity of foreign state in municipal courts is of the most important issues in international and national law. Judicial immunity in national law is a special situation which immunes holders from prosecution and exercising legal punishments and disturbance of government officials and international judicial immunity contains mentioned characteristics in international arena. Immunity isone of the principles of general international law which prevents summoning of a foreign state to municipal state courts. Absolute immunity which was considered as a dominant method in early 20th century gradually changed to limited immunity doctrine according which, acknowledger state has nocommitment about granting immunity to exercise incumbency of state and exercising limitedimmunity would lead to sovereignty exercise.
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MAZHORINA, M. V., L. V. TERENTYEVA, and B. A. SHAKHNAZAROV. "PRIVATE INTERNATIONAL LAW IN THE DEVELOPMENT OF INFORMATION AND COMMUNICATION TECHNOLOGIES." Actual Problems of Russian Law, no. 5 (June 18, 2019): 169–82. http://dx.doi.org/10.17803/1994-1471.2019.102.5.169-182.
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The process of globalization, the development of information and communication technologies, networking are changing society dramatically and, as a result, its superstructure — law. International private law, by virtue of its own subject matter and special methodology, is at the forefront of the corresponding changes. The paper examines the problems of defining the concept of territorial sovereignty in the non-territorial information space that are of serious importance in relation to private international law. Its principles are the general principle of the sovereign equality of states, acting as a general principle for private international law, and a special principle of the sovereign equality of national law of states. The problem of the realization of the territorial nature of the conflict of attachment formulas and the grounds of international jurisdiction in relation to a certain segment of the extra-territorial information space is posed. The issue of conditionality of the adaptation of the principles and methodology of legal regulation of public relations in the conditions of digital technologies by the need to understand the conditions and boundaries of the implementation of sovereignty, the jurisdiction of the state in the information and communication space is investigated. The processes comprehended within the framework of the science of international private law are to some extent relevant for other branches of law. This paper analyzes such indicators of current changes in the legal paradigm as the impact of information and telecommunication technologies on the development of private international law, the place and increasing importance of non-state regulation in the process of streamlining cross-border private law relations, and the development of non-state systems for resolving cross-border disputes. The authors touch upon the problems of the use of blockchain technologies and the protection of intellectual property in cross-border private law relations; private adhocracy rulemaking, the formation of various social phenomena in the key lex mercatoria, the influence of international commercial arbitration, online platforms on the formation of current trends in the field of resolution of crossborder disputes, etc.
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Mayer, Benoit. "Construing International Climate Change Law as a Compliance Regime." Transnational Environmental Law 7, no. 1 (July 3, 2017): 115–37. http://dx.doi.org/10.1017/s2047102517000127.
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AbstractUnder the no-harm principle, states must prevent activities within their jurisdiction from causing extraterritorial environmental harm. It has been argued elsewhere that excessive greenhouse gas emissions (GHG) from industrial states constitute a breach of this principle and instigate state responsibility. Yet, the relevance of general international law for climate change does not obviate a need for more specific international climate change agreements. This article argues that the climate regime is broadly compatible with general norms. It can, furthermore, address a gap in compliance with general international law – namely, the systematic failure of industrial states to cease excessive GHG emissions and to provide adequate reparations. As a compliance regime, the international climate change law regime defines global ambition and national commitments and initiates multiple processes to raise awareness, set political agendas, and progressively build momentum for states to comply with their obligations under general international law.
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Roberts, Anthea, Paul B. Stephan, Pierre-Hugues Verdier, and Mila Versteeg. "Comparative International Law: Framing the Field." American Journal of International Law 109, no. 3 (July 2015): 467–74. http://dx.doi.org/10.5305/amerjintelaw.109.3.0467.
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At first blush, “comparative international law” might sound like an oxymoron. In principle, international law—at least when it arises from multilateral treaties or general custom—applies equally to all parties or states. As a result, international lawyers often resist emphasizing local, national, or regional approaches due to the field’s aspirations to universality and uniformity. Comparativists, meanwhile, frequently overlook the potential to apply comparative law insights to international law on the basis that “rules which are avowedly universal in character do not lend themselves to comparison.”
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ZADOROZHNA, Svitlana. "Doctrinal Differences in the Definition of the Principles of Public International Law." European Journal of Law and Public Administration 7, no. 2 (March 12, 2021): 70–79. http://dx.doi.org/10.18662/eljpa/7.2/128.
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The ambiguity of scholars' vision of the content of the principles of international law and their corresponding definition in doctrinal discussions can be reduced to two main directions. First, it is a problem of coverage of the concepts of principles of international law of generally accepted principles of law, and, secondly, the problem of limiting the category of principles of public international law to only ten basic principles of international law. These discussions confirm the relevance and urgency of its solution. The general principles of international law, as the inheritance of all mankind, are the result of the development of all legal systems of the world in its legal unity. These principles represent the unity of the general principles of international law, which are inherent only in the international legal system; general principles of law inherent in both national and international legal systems, as the ideological foundations of law; and common principles of national legal systems, which with certain comments can be applied to international legal relations. If we take as a basis Art. 38 of the Statute of the UN ICJ as a conditional list of sources of international law, where generally accepted principles of international law are not provided as such, the interpretation of this article can be imagined as conclusions that the principles of international law as special to general principles of law are norms of international law its reflection in any of the sources of international law, including those, which are unforeseen articles 38 of the Statute of the UN ICJ. The main difference between the principles of international law and general principles of law is that they contain specific rights and obligations for subjects of international law and are directly a regulator of international relations. Such unity can be deduced from the normative interpretation of Art. 38 of the UN Statute, in particular: the sources of enshrining the general principles of international law are customs and international treaties in accordance with paragraph a and paragraph b of Art. 38; the source of the general principles of law is paragraph c of Art. 38 of the Statute of the UN ICJ (general principles of law recognized by civilized nations); the source of identification or the legal basis for the application of the common principles of national law is paragraph d - ex aequo et bono, their application by an international court on the basis of the principle of justice.
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Parmas, Andres. "Superior Responsibility in Estonian Criminal Law and its Compliance with International Law." Juridica International 28 (November 13, 2019): 64–78. http://dx.doi.org/10.12697/ji.2019.28.08.
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If a domestic criminal-law system is to be equipped to operate in conformity with the underlying idea of complementarity that is among the International Criminal Court’s underpinnings, it is vital that, amongst other aspects of general principles of responsibility, the superior responsibility doctrine be transposed into domestic law properly. Accordingly, the paper deconstructs Art. 88 (1) of the Estonian Penal Code, which stipulates the superior responsibility concept in the Estonian legal system, for the purpose of assessing whether it exhibits compliance with customary international law on superior responsibility or Art. 28 of the Rome Statute. The analysis presented reveals considerable differences between the Estonian regulatory scheme and relevant international norms: it appears that there are several respects in which Estonian regulation does not meet the international standard and, hence, large lacunae are to be found in Estonian law on superior responsibility. For this reason, the article concludes with a recommendation that Estonian regulation of superior responsibility be complemented in such a way that it is rendered consistent with international law – specifically, with the requirements of Art. 28 of the Rome Statute – while simultaneously taking into consideration the demands stemming from Estonian criminal-law dogmatics, especially the guilt principle.
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Elias, Olufemi, and Chin Lim. "‘General principles of law’, ‘soft’ law and the identification of international law." Netherlands Yearbook of International Law 28 (December 1997): 3. http://dx.doi.org/10.1017/s0167676800000623.
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Zheng, Chenjun, and Otto Spijkers. "Priority of Uses in International Water Law." Sustainability 13, no. 3 (February 2, 2021): 1567. http://dx.doi.org/10.3390/su13031567.
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The raison d’être of international water law is that it provides States with a toolkit to equip them to deal with complex problems relating to the joint use and sustainable management of transboundary freshwater resources. The principle of equitable and reasonable utilization is one such tool in this toolkit. When applying the equitable and reasonable utilization principle to a specific transboundary watercourse, States sharing that watercourse must decide which water uses are more important than others. But the general rule is that no water use takes a priori priority over others (this is the so-called no-inherent-priority rule). This paper examines three ways in which this no-inherent-priority rule can be relativized, by recognizing a certain degree of priority to certain categories of water uses. Based on an assessment of previous State practice, it is suggested that (1) existing uses enjoy a certain degree of priority over new uses; that water uses that are (2) more beneficial to a greater number of people and are less damaging to other uses and the freshwater ecosystems, enjoy priority; and that water uses that (3) immediately satisfy vital human water needs enjoy priority. States need some general guidance in identifying which water uses normally take priority in defined circumstances, and this paper provides such guidance, thereby making the tool more effective. States can decide to derogate from these general rules if the circumstances so require; they are, of course, not legally binding on them.
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Anufrieva, L. Р. "DIFFERENTIATION OF BASIC PRINCIPLES AND NORMS JUS COGENSAS CONCEPTS OF THE THEORY AND PRACTICE OF MODERN INTERNATIONAL LAW." Courier of Kutafin Moscow State Law University (MSAL)), no. 12 (March 14, 2021): 53–67. http://dx.doi.org/10.17803/2311-5998.2020.76.12.053-067.
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The article deals with both juxtaposition and differentiation of the concepts of “basic principles” and jus cogens (peremptory norms of general international law) as phenomena of international legal reality from the point of view of their location in the theory and practice of international law. Not limited to fixing a serious problem that exists in the field of research and consists in a considerable variety of terms having complicated the apparatus of modern international legal science, this article provides a consistent differentiation of many other individual notions which fall under the head of the principles of international law. Along with this, as the key-stone of the problem under consideration the broader “layer” — the analysis of the “principle” as a category of legal science shall be subject to accentuation as core, dominant in modern international law. Since the “basic principles” are one of the main concepts of both the system of international law and its science, they are evaluated primarily from the point of view of their functional role in the legal regulation of interstate relationships. While being compared with the peremptory norms of general international law (jus cogens), the basic principles are also envisaged in this article aiming to determine their importance for the theory and practice of international law in general.
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Mayer, Benoit. "The Place of Customary Norms in Climate Law: A Reply to Zahar." Climate Law 8, no. 3-4 (October 31, 2018): 261–78. http://dx.doi.org/10.1163/18786561-00803010.
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In his essay on the thesis of my book, Alexander Zahar objects to my characterization of customary international law as one of the sources of the international law on climate change and, in particular, to my conclusion about the relevance of the no-harm principle. I disagree. In the first part of his essay, Zahar’s analysis of the no-harm principle is limited to arguments by analogy, but a valid international legal argument can be based on deduction from axiomatic premises of the international legal order. In the second part of his essay, Zahar claims that the UNFCCC regime excludes the application of the no-harm principle when, in reality, the UNFCCC regime really seeks to facilitate the implementation of general international law.
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Wood, Michael. "Customary International Law and the General Principles of Law Recognized by Civilized Nations." International Community Law Review 21, no. 3-4 (July 12, 2019): 307–24. http://dx.doi.org/10.1163/18719732-12341404.
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Abstract This article looks beyond customary international law and asks whether the source of international law listed in Article 38, paragraph 1(c) of the ICJ Statute (‘the general principles of law recognized by civilized nations’) might join the dance. Is there a risk that general principles of law may be too easily invoked where no applicable treaty or rule of customary international law can be identified? In emphasizing the distinction between customary international law and general principles of law, the article first recalls relevant recent work of the International Law Commission. It then addresses the term ‘general international law’ and certain problems related to it, and raises questions concerning the relationship between customary international law and general principles of law. Before drawing some conclusions, reference is also made to the place of general principles of law within the international legal system.
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Krieger, Heike. "Populist Governments and International Law." European Journal of International Law 30, no. 3 (August 2019): 971–96. http://dx.doi.org/10.1093/ejil/chz046.
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Abstract The worldwide populist wave has contributed to a perception that international law is currently in a state of crisis. This article examines how far populist governments have challenged prevailing interpretations of international law. The article links structural features of populism with an analysis of populist governmental strategies and argumentative practices. It demonstrates that, in their rhetoric, populist governments promote an understanding of international law as a mere law of coordination. However, this is not entirely reflected in their legal practices where an instrumental, cherry-picking approach prevails. The article concludes that policies of populist governments affect the current state of international law on two different levels: in the political sphere, their practices alter the general environment in which legal rules are interpreted and, in the legal sphere, populist governments push for changes in the interpretation of established international legal rules. The article substantiates these propositions by focusing on the principle of non-intervention and foreign funding for non-governmental organizations.