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General Principles of Law
- To quote Janis:
- The basic notion is that a general principle of law is some proposition of law so fundamental that it will be found in virtually every legal system. When treaties and customary international law fail to offer a needed international rule, a search may be launched in comparative law to discover if national legal systems use a common principle. If such a common principle is found, then it is presumed that a comparable principle should be attributed to fill the gap in international law.
- Janis, Introduction to International Law, 3d 55-56 (Aspen Law & Business, 1999).