„Zasady prawa" w prawie międzynarodowym
Wydział Prawa i Administracji UAM
„Principles of Law" in the International Law
term "the principle of law" into the international law. Generally, we may say, that this word is used into the international law documents in three chief meanings. First one, is using "the principle of law" like a designation of the main norms of the international law documents, which are the most important and more general than the other norms. Next, we meet often documents saying that their norms are according with certain "principles of law" or that the particular principles of law are generally recognized between the nations, although this documents don't say us which principles they are. The third group contains the situations, in which the word "principle" is used in its particular, technical sense as a "norm" or "rule" of law. Other problems rise when we analyse the use of the word "principle" in the international law doctrine. We may there often meet phrases for instance "on principle" or "on the base of principle" in which is difficult to designate the right meaning of this word. Also "the principle" is used there permutably with the terms "norm", "rule", "idea" or "element". We may say that the term "principle of law" is rather an expression of lawyers and political language than the term of the written law. Various "principles of law" were declarated into the political and scientific doctrine during its long history. Than many of them took a place between the norms of the international law. The chief principles of the present international law like a peaceful coexistence or national self-determination were an universally recognized political doctrine of great international meaning in the past. Than, after sometime they were incorporated to the system of norms either in the particular international documents, or like bending norms of international custom. Therefore, when we consider the validity of various "principles of law", we must put in mind, that besides the situations in which a particular "principle of law" is at the same time a bending norm of the law system, there is a great importance of using this term into the international law concerning its medial influence in the system of norms.
Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/2016
Ruch Prawniczy, Ekonomiczny i Socjologiczny 37, 1975, z. 2, s. 1-20