Article 38 (c) and (d) (c): "general principles of law recognized by civilised nations"-seldom invoked in practice and are definately lesser standing than treaties and custom.-Possible Meanings -GP extracted from national law (due process and equity)-GP inherent in intl law itself (pacta sunt servanda)-GP extracted from natural law (HR principles)-Diversion of Water from the Meuse Case: Netherlands v. Belgium (1937)-Netherlands claims Belgium infringed a treaty obligation by building canals that altered flow of Meuse River.-Court argued that netherlands had lost its right to bring its claim though because of similar conduct on its part.-Court thus understood "principles of equity" as being principles common to national legal systems generally were part of intl law by virtue of Art. 38. -Court recognized "equity" as part of intl law.-Article 38 1 (c)- put in ICJ in cases of non liquet- a finding that there was no law on the point.-Failing a custom or treaty, court to apply (c)
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Netherlands, Belgium, iCj, intl law, Pacta sunt servanda