THE TWO-STEP METHODOLOGY FOR THE IDENTIFICATION OF GENERAL PRINCIPLES OF LAW

Abstract The two-step methodology for the identification of general principles law deriving from domestic legal systems, consisting a comparative analysis followed by transposability test, seems accepted as undisputed in current work International Law Commission on topic. This article examines whether this approach finds reflection practice and before PCIJ/ICJ international scholarship. that judicial does not entirely follow these two steps, but method is widely upheld doctrinal writing. argues decision to codify can be viewed progressive development Commission, may signify crystallization law.