General Principles of Law and International Due Process

Foreword Acknowledgments Preface I. An Introduction to the General Principles of Law And International Due Process A. The Origin and Evolution of the General Principles of Law 1. Principles That Are General 2. Principles That Are Universal 3. Typical Usage of General Principles 4. Invocations of General Principles B. The Origin and Evolution of International Due Process 1. A Process Grounded in General Principles 2. The Concept of International Due Process 3. Specific Invocations of International Due Process II. Modern Applications of The General Principles of Law A. Good Faith in Contractual Relations 1. Pacta Sunt Servanda: Agreements Must Be Honored 2. Good Faith In Excusing Contractual Performance 3. Good Faith in Remedying Non-Performance B. Abuse of Rights and the Principle of Proportionality 1. The General Prohibition on the Abuse of Rights 2. The Principle of Proportionality C. Estoppel D. The Prohibition on Advantageous Wrongs and Unjust Enrichment E. Corporate Separateness and Limited Liability F. The Principles of Causation and Reparation G. The Principles of Responsibility and Fault III. Modern Application of the Principles of International Due Process A. Notice and Jurisdiction B. Judicial Impartiality and Judicial Independence C. Procedural Equality and the Right to be Heard D. The Prohibition of Corruption and the Nullifying Effect of Fraud: Fraus Omnia Corrumpit E. Evidence and Burdens of Proof G. The Principle of Res Judicata Epilogue Index