Hi,
I'm a new (online) law student so I apologise for any silly questions. I am trying to get my head around the international sources of law at the moment.
I am confused about the General Principles of Law. How can it be that a law is considered a General Principle without being customary? If a law is recognised in multiple international legal systems would it not therefore also be customary, or would this be a case of it being legislated in many countries but not actually enforced/observed? Or is the only differentiating factor time, as customary law needs to be observed over years to achieve that status while the General Principles theoretically do not.
Hopefully someone can help me understand this a little better
Thanks again.
I'm a new (online) law student so I apologise for any silly questions. I am trying to get my head around the international sources of law at the moment.
I am confused about the General Principles of Law. How can it be that a law is considered a General Principle without being customary? If a law is recognised in multiple international legal systems would it not therefore also be customary, or would this be a case of it being legislated in many countries but not actually enforced/observed? Or is the only differentiating factor time, as customary law needs to be observed over years to achieve that status while the General Principles theoretically do not.
Hopefully someone can help me understand this a little better
Thanks again.