Earticle

초록

영어

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.

목차

I. 문제의 소재
 II. 문명국이 인정한 ‘법의 일반원칙’
 III. 20세기 후반의 국제재판에서 ‘법의 일반원칙’ 개념의 발전
 IV. 국제인권보장을 위한 ‘법의 일반원칙’ 개념의 도입
 V. ‘국내공법의 일반원칙’ 채용을 둘러싼 문제
 VI. 결론
 Abstract

키워드

저자

• 福王 守 [ Mamoru Fukuoh | 駒沢女子大学 人文学部 敎授 ] 저
• 정호수 [ Jeong HoSoo | 경북대학교 법학연구원 연구원, 경북대학교 일반대학원 법학과 박사과정 수료 ] 역

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  아주법학 [Ajou Law Research]

• 간기

  계간

• pISSN

  1976-3115

• 수록기간

  2007~2026

• 등재여부

  KCI 등재

• 십진분류

  KDC 360 DDC 340