Topic

International custom

Author/Academic

M Mendelson

Viewpoint

The author discusses the various theories for the creation of custom in international law. He takes the view that it is time to abandon the concept of opinio juris, since it is not so necessary and is, moreover, difficult to identify.

Source

‘The Subjective Element in Customary International Law’, 66 British Yearbook of International Law (1995) 177

Topic

General principles of law

Author/Academic

R Kolb

Viewpoint

In the author’s view, general principles of law play an important, albeit often invisible, role as catalysts of a law-in-movement. In particular, they offer a legal basis from which new legal doctrines or norms can be derived from case to case, in order to fit new social and legal needs. These functions are illustrated more concretely through the example of the powerful principle of good faith.

Source

‘Principles as Sources of International Law (with special reference to good faith)’, 53 Netherlands International Law Review (2006) 1