I'm hoping however if it gets published in a reputable American journal that some nice university might give me a scholarship to do my PhD...
Posts: 4393 | Registered: Aug 2003
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The subject is "A Jurisprudential Model for Article 38(1)(c): A Way Forward for General Principles in the International Court of Justice"
Basically, the dissertation is about Article 38(1)(c) of the Statute of the ICJ ("General Principles of Law as recognised by Civilised Nations"), which is one of the sources of international law which the Court may consider.
My thesis is that this source has been ill defined, both in doctrine (the theory of the source) and in its practical application. The lack of definition has lead to a heap of confusion about Article 38(1)(c) as well as chronic under-utilisation of the Article.
I suggest a new(ish - some me, some collating what other people have said separately) way of defining and applying it, and hence enhancing its application.
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Do you touch at all on how a similar clause in the TEU (Treaties of the European Union) has led to the significant exercise of power by the ECJ (European Court of Justice)?
Posts: 15770 | Registered: Dec 2001
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Wow! Congratulations and good luck! I actually understood some of your explanation - I'm better at grasping issues of law than physics. (that doesn't mean I'm competent at either, however.)
(and thanks for the clipping and note that arrived in the mail yesterday.)
Posts: 4344 | Registered: Mar 2003
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Fugu - no, I made a conscious decision to limit the scope to the ICJ. I had a 10 000 word limit!
However I am hoping to expand on the same topic when I do my PhD - include other courts (the PCIJ as well as the ECJ) and also look more at American jurisprudence in the early 20th century (at the moment my thesis is fairly euro-centric).
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Neat, imogen! Good luck!
