The Principles of Justice in International Law

  • Andrey A. MAMEDOV Peoples’ Friendship University of Russia, Moscow, Russian Federation
  • Valeriy V. GREBENNIKOV Peoples’ Friendship University of Russia, Moscow, Russian Federation
  • Diana G. ALEKSEEVА Moscow state legal University named after O. E. Kutafin (MSAL), Moscow, Russian Federation
  • Marya S. LAVRENTEVA Social-Humanitarian University of Russia, Moscow, Russian Federation
  • Stanislava A. VINOGRADOVA Peoples’ Friendship University of Russia, Moscow, Russian Federation

Abstract

Background/Objectives. The article is devoted to the principles of law governing the organization of judicial proceedings in international law. There are a number of principles of justice, such as the rule of law, the independence of judges, the reasonable period of proceedings, counterclaim, publicity, and others. This article covers not all, but some of them, which, in the authors' opinion, are the most publicly significant in the administration of justice. The most widely considered is the well-known principle of legality, which includes several aspects, including the prohibition of retroactive application of the law and the prohibition of the analogy of law. This article also emphasizes the importance of making a list of principles of justice.


Methods. The main method of research is comparative analysis. Other scientific methods were also used in the study, such as: interdisciplinary synthesis, logical method, analogy method, specification, classification, and systematization.


Conclusions. Among the general principles of law, there are some special provisions relating to justice. Such principles are applied in judicial proceedings at both the national and international levels of justice. A complete list of such principles has not yet been made. This study emphasizes the need to define and classify the principles of justice. In the context of the general nature of this study, it is understood that some of the issues raised in the article may be the subject of further research. In the absence of legal norms, the results of the study of the principles of justice applicable in international law could be very useful, especially for judges.

References

[1] European Court of Human Rights. (2019). ‘Guide on Article 6 of the European Convention on Human Rights’. Accessed July 18, 2019, http://www.echr.coe.int/Documents/Guide_Art_6_ENG.pdf.
[2] European Court of Human Rights. Kokkinakis v. Greece. Strasbourg, Application 14307/88, May 25, 1993.
[3] European Court of Human Rights.SW v United Kingdom. (1996). 21 EHRR 363, at para 36/34.
[4] Inter-American Court of Human Rights.(May 30, 1999). ‘Case of Castillo Petruzzi et al. v. Peru’.Accessed June 6, 2019, http://www.corteidh.or.cr/docs/casos/articulos/seriec_52_ing.pdf.
[5] Inter-American Court of Human Rights. (October 21, 2016). ‘Casa Pollo Rivera y Otros vs. Peru’.Accessed June 6, 2019. http://www.corteidh.or.cr/docs/casos/articulos/seriec_319_esp.pdf.
[6] Sbornik deistvuyushchikh dogovorov, soglashenii i konventsii, zaklyuchennykh SSSR s inostrannymi gosudarstvami [Collection of Existing Treaties, Agreements, and Conventions Concluded by the USSR with Foreign States]. 1956, Issue XII. Moscow: Gospolitizdat.
[7] Schachter, O. 1982. International Law in Theory and Practice: General Course on Public International Law. Martinus Nijhoff.
[8] Shany, Y.2003. The Competing Jurisdictions of International Courts and Tribunals. Oxford University Press.
Published
2019-03-31
How to Cite
MAMEDOV, Andrey A. et al. The Principles of Justice in International Law. Journal of Advanced Research in Law and Economics, [S.l.], v. 10, n. 1, p. 307-314, mar. 2019. ISSN 2068-696X. Available at: <https://journals.aserspublishing.eu/jarle/article/view/4359>. Date accessed: 26 may 2024. doi: https://doi.org/10.14505//jarle.v10.1(39).31.