This article focuses exclusively on the exceptio defense and uses it as a pretext to observe the process of identification, interpretation and application of general principles of international law drawn from domestic civil law doctrines. It argues that, in the FYROM v Greece case, it is argued that this step-by-step analysis, if performed by the Court, would have not changed the outcome of the case, a different approach by the ICJ could have helped to further elucidate the role of general principles in international law.
|Journal||Cambridge Journal of International and Comparative Law|
|Publication status||Published - 2012|
- Exception of non-performance
- General principles of International Law
- International Court of Justice
- Law of Treaties
- Law of Responsibility