Zasady ogólne prawa uznane przez narody cywilizowane w kontekście ochrony praw człowieka
The General Principles of Law Recognized by Civilized Nations in the Context of the Protection of Human Rights

Summary/Abstract: Analysis of the protection of human rights in the context of the general principles –Article 38, paragraph 1 c of the Statute of the ICJ – has led to conclusion, namely that rules can also serve the role of a fall-back provisions by virtue of specifying the content and the consequences of regulations of the law. In the cases of missing procedural principles in treaties or the customary law, rules can be applied to supplement or rectify the norms of the treaty. The increase in threats to human rights, disproportions in economic development, environmental problems, poverty, discrimination and other challenges of the 21st century affirm the legitimacy of implementation and acceleration of the message of the universal rules. The international law is constantly exposed to dynamic interactions. New branches of international laware formed, whose convergence by means of a common axiological basis can be facilitated by the rules. Axiological distinction of treaty norms, which should be constantly progressing, may facilitate adaptation of the international law to the emerging phenomena and challengesin the area of human rights protection.

• Details
• Contents