Practice question
A wide and representative comparative study identifies a common legal principle across national systems, including different world regions. The principle can be transposed compatibly to the international legal system, and the relevant recognition is established. How does this fit the ILC framework?
- It proves only a private contractual choice
- It is disqualified merely because national materials were examined
- It supports identification of a general principle derived from national legal systems
- It automatically makes every detailed rule from every studied country binding
- It eliminates the need to determine the principle's actual content
Legal references
- Statute of the International Court of Justice, Article 38(1)(c), (1)(d) and (2): https://legal.un.org/avl/pdf/ha/sicj/icj_statute_e.pdf
- International Law Commission, Conclusions on general principles of law (text adopted on second reading April 27, 2026), Conclusions 2–11: https://legal.un.org/ilc/texts/instruments/english/draft_articles/1_15_2026.pdf
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