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UNIDROIT PRINCIPLES OF INTERNATIONAL COMMERCIAL CONTRACTS, THEIR FORMATION, CURRENT WORKS ON THE THIRD EDITION AND POSSIBILITIES OF THEIR USE IN PRACTICE (Zasady UNIDROIT medzinarodnych obchodnych zmluv...a moznosti ich aplikacie v praxi)

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Durechova J.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2008
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vol. 91
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issue 4
302-316
EN
AFormation of the first edition of UNIDROIT Principles of International Commercial Contracts (hereinafter referred to as the 'Principles'). Preparation of the second edition and current works on the third edition of the UNIDROIT Principles. Amendments and complements in the text of the Principles. The scope of application of the Principles. Possibilities of the use of the UNIDROIT Principles in practice analyzed in six parts: 1.- Use of the Principles when the parties have agreed that their contract be governed by them. Reference to mandatory rules applicable in accordance with the provisions of private international law. 2.- Use of the Principles when the parties have agreed that their contract be governed by general principles of law, the lex mercatoria or the like. 3.- Use of the Principles when the parties have not chosen any law to govern their contract. 4.- Use of the Principles to interpret or supplement international uniform law instruments and domestic law. 5.- Use of the Principles to serve as a model for national and international legislators. 6.- Other possible uses of the Principles for international trade. Ways of monitoring of the use of the Principles in practice. Question of application of the Principles in the Slovak Republic.
2

GENERAL PRINCIPLES OF LAW IN STATUTES OF INTERNATIONAL COURTS AND EUROPEAN COMMUNITY LAW. SOME REMARKS UPON ARTICLE 21 OF ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT

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Pawlowski J. M.
Studia Prawnicze
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2007
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issue 1(171)
80-114
EN
Article 21 of Rome Statute of the International Criminal Court specifies two groups of fundamental sources of law which are applicable by the Court: (1) the same Statute, Elements of Crime and its Rules of procedure; (2) applicable treaties and the principles and rules of international law including the established principles of international law of armed conflict. In the absence of applicable norms provided by former points1-2 of Article 21, the Court shall apply general principles of law derived by the Court from national laws of legal system of the world including, as appropriate, the national laws of States that would normally exercise jurisdiction over the crime, provided that those principles are not inconsistent with the Statute and with international law and intentionally recognised norms and standards. Considering problems with application of general principles of law on the ground of Article 38 of Statute of the International Court of Justice, striking is which meaning of general principles of law shall be worked our by the International Criminal Court's practice. Author of the present text tried to find similarities between general principles of law derived from statuses of international courts and European Community Law as well as to reveal possible effects of general principles of law in the meaning of Article 21 of Rome Statutes of the International Criminal Court on development of general international law
3

GENERAL PRINCIPLES OF LAW IN 'ACQUIS COMMUNAUTAIRE' AND IN PUBLIC INTERNATIONAL LAW - THE MOST IMPORTANT RESEARCH QUESTIONS

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Sozanski J.
Studia Prawnicze
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2005
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issue 2(164)
5-31
EN
General principles of law are considered to be a classic problem of public international law what is reflected in the literature of the subject. However, theoretical works do not find and neither do not analyze many important aspects included in the issue. In this context the following, more important research questions appear: (1) The position of general principles of law in systems of sources of internal and international law (excluding 'acquis communautaire') is not clear; (2) In theory there is concordance regarding the process of forming and obtaining binding force by general principles of law and of their relations with other sources of law; (3) Does the fact that states' constitutions very often omit general principles of law mean that they do not exist in these systems? (4) It can be supposed that even in 'acquis communautaire' (where principles have precisely described hierarchic position) discussed principles (which are on the lowest place in the hierarchy of sources of primary law) do not have to be applied while acts of higher order are created. In author's opinion: 1-The role of general principles of law exposed 'in acquis communautaire' and their impact on other sources of law as well as supremacy over national legal systems does not find wider reflection in universal, public international law; 2 -Both in the international and internal law a fact of breaking (offending) the general principles of law by legal acts or decisions (as well by the procedures of creation of law) does not impose their invalidity either ex lege or on the basis of complain; 3 - Art. 25 of the Fundamental Law (Constitution) of the Federal Republic of Germany is referred sometimes in the theory as contradictory to above affirmation, but it must be compared with contents of German constitutional law which doesn't provide any mechanism of ex lege respect for treaty international law rules in the internal legal order; 4 -Constitution for Europe may break or stop (profitable for binding force of public international law and for democratic harmonization of internal orders, deriving from 'acquis communautaire') tendency fortifying role and effectiveness of general principles of law. Concluding, one may state that general principles of law must constitute a decisive base of any legal order, as well as for its creative, functional, interactive and relative activities. Any legal order corresponding to its essential requirements must not only include general principles of law but also assure their high position in hierarchy of that system. It will be also profitable to introduce these postulates to public international law and to the Union law created by Treaty establishing Constitution for Europe.
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