26 October 2016
On October 26, 2016 the Ministry of Foreign Affairs of the Republic of Poland and the Permanent Mission of the Republic of Poland to the United Nations in New York organized a seminar entitled: "General principles of law – judicial theory or everyday practice of international courts?".
While opening the meeting, the Permanent Representative of Poland to the United Nations, Ambassador Bogusław Winid, underlined the fact that certain universally applicable norms identified by the jurisprudence are considered by experts – both scholars and practitioners – as the third, apart from conventions and custom, autonomous source of international law.
These most basic rules can be applied in different legal regimes and concern both procedural and substantive issues. The seminar offered opportunities to discuss research and exchange opinions on what the rules are, who identifies then and how the interpretation of these rules has evolved in the practice of international courts. It allowed also to address the question whether these rules provide an apt answer to the contemporary challenges facing the international administration of justice.
The panelists – international law experts specializing in the field: Dr. Marija Đorđeska from the European Union Delegation to Malaysia, Professor Neha Jain from the University of Minnesota Law School, USA and Professor Christopher Waters from the University of Windsor, Canada as well as the moderator, Professor Władysław Czapliński of the Polish Academy of Sciences, examined the above mentioned questions.
During the seminar the general principles of law were being identified and the corresponding judicature – analyzed, while aiming to differentiate between the general principles of law, other sources of international law and judicial decisions ex aequo et bono as provided in article 38 of the Statute of the ICJ. The role of the above mentioned principles was also discussed, which – despite the recent extensive research done inter alia by the International Law Commission and the International Law Association on the sources of international law – has not been sufficiently explored by these bodies.
The event allowed also to express Poland’s conviction that the UN Charter should be respected. Poland wants to enhance global security and prosperity by promoting peaceful methods of conflict resolution among states. This intention corresponds with her bid for a non-permanent seat on the UN Security Council in the 2017 election for the 2018-19 term.
• Dr. Marija Đorđeska – remarks
• Professor Christopher Waters – remarksSEE MORE