Jurisdiction to Decide Ex Aequo et Bono
(2,554 words)

paragraph 159 in volume 2, chapter 9, Jurisdiction and Admissibility: General Concepts

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The Statute of the International Court of Justice maintains the provision of the Statute of the Permanent Court of International Justice, that if the parties agree, the Court may decide a case ex aequo et bono.1 The existence of this provision, misplaced in Article 38, paragraph 2, of the Statute, has given rise to controversy, but there is no experience of its use. Coming in Article 38, which relates to the law to be applied by the Court,…

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Malcolm N. Shaw, “Jurisdiction to Decide Ex Aequo et Bono”, in: Rosenne's Law and Practice of the International Court: 1920-2015. Consulted online on 21 February 2019 <http://dx.doi.org/10.1163/2468-5992_rose_COM_0159>
First published online: 2017
First print edition: 20161001

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