International Law Commission’s efforts in identifying general principles of law: regional perspectives

Abstract

The general principles of law, as outlined in Art. 38 of the Statute of the International Court of Justice, are a source of international law. Nevertheless, their precise scope and significance have been widely debated within legal doctrine and their application varies in practice. The recent endeavours of the International Law Commission have, in fact, raised more ques­tions than they have answered. One contentious issue within the International Law Comission reports pertains to whether the commission’s work is adequately representative of all regions to enable the formulation of primary approaches to general principles. This article offers an overview of the Court of Eurasian Economic Union practices concerning the application and identification of common legal principles within the Eurasian integration system.