지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
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Prof. Mamoru Fukuoh In this dissertation doesn't intend to consider the general principles of law in terms of legal sources of international law. He is trying to focus on the transition of General principles of law which means principles of domestic private law and especially adoption of those principles for the guarantee of human rights in the international law.
The PCIJ has initially been adopted for the purpose of complementing positive law in the international community. After that, ICJ has regulated the general principles of law by little modification of PCIJ. General principles of law in the international law was introduced aiming to avoid impossibility in the international judgment. However, the cases applying the general principles of law in the international judgment has decreased.
Reduction of judgment by general principles of law in the international community does not mean uselessness of the general principles of law. In addition, those are not a uniform, fixed concept and play the role of providing legal stability.
General principles of law is expanding its coverage through the deepening and segmentation. These days, the general principles of law depending on its extended application for the assurance of international human rights plays a significant role more than judgment standing rule to escape judgment impossibility in EU and ICC.
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