The Notion of General Principles of International Law at the Time of Its Codification

In its ongoing work of codification of the sources of international law, the ILC is currently dealing with general principles. At the time of the inclusion of the item in the agenda of the ILC, it seemed a natural next step. However, while there is a general consensus, both in the ILC and in the Sixth Committee of the General Assembly, to deal with general principles recognized in municipal systems, the ILC Special Rapporteur proposal to include the codification of general principles of international law has met with numerous, and at times strong, criticisms. The present contribution aims at exploring the reasons for such a position. It is submitted that much of the scope assigned to general principles in municipal systems is already covered by customary rules in international law; and that States are unwilling to accept in general terms a vaguely defined, but at the same time binding, source of law, when its ascertainment is left mostly to courts and tribunals.