As Imogen Saunders aptly notes, various schools of thought have not rigorously addressed issues arising in connection with the identification of general principles of law -namely, among others, to what extent judicial discretion might be allowed; whether only principles of domestic law should be relied on; and whether a 'content-based approach to validity' is necessarily required by comparative methodologies often resorted to (at 49, 89-90).
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Diego Mejía‐Lemos (2024) studied this question.
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