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Transition in the concept of general principles of law A note on - from analogical inference of domestic private law to domestic public law -
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'법의 일반원칙' 개념의 변천에 관한 일고찰 - 국제사법의 유추에서 국내공법의 유추로 -

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Academic journal
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Journal
아주대학교 법학연구소 아주법학 아주법학 제5권 제1호 KCI Accredited Journals
Published
2011.1
Pages
183 - 249 (67page)

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Transition in the concept of general principles of law A note on - from analogical inference of domestic private law to domestic public law -
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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.

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