- All Journals
- Al-Qadisiyah University
- Basrah University
- Kirkuk University
- Mosul University
- The Iraqi Borad for Medical Specialization
- University of Anbar
- University of Technology
- Al Mustafa University
- Al-Zahraa University for Women
- Alnoor University
- Kunooz University
- Misan University
- Ninevah University
- Tikrit University
- University of Al-Hamdaniya
- University of Kerbala
THE ROLE OF GENERAL PRINCIPLES OF LAW IN ARBITRAL DECISIONS IN THE SCOPE OF INTERNATIONAL TRADE | ||
| Journal of college of Law for Legal and Political Sciences | ||
| Article 8, Volume 9, issue 33 part 2, 2020, Pages 289-306 PDF (649.32 K) | ||
| Authors | ||
| Samira .H. Muheisen; Nora .K. Al-Zamili | ||
| Abstract | ||
| The idea of general principles is one of the most important and oldest legal ideas that have received wide attention from the ancient philosophers and then moved to Roman codification, especially the Justinian Code. This is because most of the general principles of law stem from lofty ideals and innate concepts of man. The idea of law and its establishment was found after the research on the concept of justice, equity and the necessity of organization in life. All these ideas are embodied in the general principles of law. Therefore, it is not necessary to find legislation or a law of any country. . And from the effectiveness of the general principles of law in the legislation and the issuance of judgments principles have a role in arbitration. Does the arbitrator have the power or power to apply the general principles of law in the dispute? And when can he apply it? In the absence of the legislative void or the legal text of the judgment of the incident? Or can it be applied in all alternations and in all facts? | ||
| Keywords | ||
| ROLE OF GENERAL PRINCIPLES OF LAW; ARBITRAL DECISIONS; SCOPE OF INTERNATIONAL TRADE | ||
|
Statistics Article View: 604 PDF Download: 127 |
||