Conclusion 1: General Principles Are ‘Principles’ and ‘Rules’
Sub-conclusions – General principles are rules that may be either broad or specific
- –General principles may have exceptions
- –General principles may or may not have names; how the Court refers to a general principle in its jurisprudence varies
- –Methods are not a modality of the sources of international law.
Conclusion 2: General Principles Are ‘Principles’ and ‘Rules’ of International Law
Sub-conclusions – General principles are part of the positive/existing international law
- –The Court applies only international law
- –Domestic laws, including ‘domestic principles’, do not directly form part of international law
- –Doctrines and theories do not constitute general principles because they are not part of international law.
Conclusion 3: General Principles Apply to the Entire International Community
Sub-conclusions – General principles are binding and form part of the general international law
- –General principles create rights and obligations
- –The Court’s interpretation of international law is valid for the entire international community
- –General principles apply equally and universally to all States and other international actors.
Conclusion 4: General Principles Are Ascertained with the Court’s Opinio Juris
Sub-conclusions – General principles are ascertained with the Court’s opinio juris
- –States do not actively participate in the Court’s ascertainment of general principles
- –Individual judges cannot ascertain general principles for the entire international community