'Every international convention must be deemed tacitly to refer to general principles of international law for all questions which it does not itself resolve in express terms and in a different way.'
* © C. A. McLachlan (Professor, Victoria University of Wellington), 2004 ([email protected]). This article was developed from research carried out by the author as part of a collaboration with William Mansfield, a member of the International Law Commission (‘ILC’), for the ILC Study on the Fragmentation of International Law, and presented at the 56th Session of the ILC in July 2004 (TLC(LVT)/SG/FIL/CRD.3/Rev 1). The author would like to thank Mr Mansfield; the Chairman of the Study Group, Mr Martii Koskenniemi; and the members of the ILC for their invaluable insights and encouragement. The author acknowledges the research assistance of Rachel Opie, and also research undertaken by Victoria Hallum under the author's supervision resulting in the submission of a research paper for the degree of LLM at Victoria University of Wellington. Finally, the author would like to thank his friends and colleagues Professor Matthew Palmer and Associate Professor Susy Frankel (both of the Victoria Faculty); the Rt Hon Sir Kenneth Keith; Professor Alan Boyle; Professor Roger Clark; Professor Philippe Sands and Mr Mark Bradley for their helpful comments on earlier drafts. Any errors are the author's sole responsibility.