Article 4.49 Residual Interpretation and Common Law Backstop

a) Where a matter arising under this Part is not expressly regulated by this ICT Code, or where interpretation remains ambiguous after applying ordinary principles of interpretation, the ICT Court may be guided by:
(i) general principles of common law;
(ii) established doctrines of equity; and
(iii) internationally recognised judicial principles developed in comparable international commercial, criminal, and special-jurisdiction courts,
to the extent consistent with the ICT Establishment Law, applicable Host Country legislation, the ICT Contractual Arrangements, Part 5, and the fundamental principles set out in this Part.
(b) In criminal matters, residual interpretation shall at all times respect legality, proportionality, due process, and the rights of the accused.

1. Where a matter arising under this Part is not expressly regulated by this Code, or where interpretation remains ambiguous after applying ordinary principles of statutory interpretation, the IC Court shall be guided by:

   (i) general principles of common law;
   (ii) established doctrines of equity; and

   (iii) internationally recognised judicial principles developed in comparable international commercial, criminal, and special-jurisdiction courts, to the extent consistent with the Constitution of the Host Country and the fundamental principles set out in Chapter 1 of this Part.

   (2) In criminal matters, such residual interpretation shall at all times respect the principles of legality, proportionality, and the rights of the accused.