Resorting to the principles of justice and fairness As a means of resolving international disputes and a means of redress

Abstract

 The principles of justice and fairness are an optional backup evidential source from the sources of international law, given that positive human-generated legislation is incomplete due to the lack of its author; He has no knowledge of aspects of issues and details of international life. The principles of justice and fairness aim to solve the legal problems resulting from the ambiguity or strictness of the original rule, or its unpredictability or suitability to the particularities of the presented incident, or its non-existence at all. Therefore, when a dispute is presented to the judge that does not contain or in any of its details a text as a legislative vacuum; He cannot be reluctant to decide on it; Otherwise, he is considered a perpetrator of the crime of denial of justice that is punishable by international laws, so the case is decided based on the principles of justice and fairness inspired by the spirit of justice and law, just as the litigants themselves may invoke those rules seeking justice, realization of the right, and remedy of rights. It reduces the rigidity of the legal rule and gives it additional flexibility, completes what is missing from it or is silent about it, and neglects its application at other times. These principles have played a pivotal role in developing, developing, amending and even establishing many rules and provisions of international law, just as the courts in their rulings refer - and still do - in quite a few to those principles.