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Foundations of International Law: The Role and Importance of Its Basic Principles

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Chapter Summary

It is the principles of International Law which, permeating the corpus juris of the discipline, render it a truly normative system. The identification of the basic principles has accompanied pari passu the emergence and consolidation of all the domains of Law, and all its branches. In the light of the considerations developed in this chapter, it may be concluded that the principles of international law shed light into the interpretation and application of International Law, pertain to the very substratum of this latter, and are identified with the very foundations of the international legal system. In reality, when one recognizes the fundamental principles which conform the substratum of the legal order itself, we enter into domain of jus cogens, of peremptory law; such principles are indispensable, are prior and superior to the will; they express the idea of an "objective justice", and are consubstantial to the international legal or.

Keywords:basic principles; Hague Court; international law; international legal system; legal order; substratum

10.1163/9789004255074_005
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