Decision Ex Aequo et Bono
(274 words)

paragraph 380 in volume 3, chapter 27, The Decision

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Article 38, paragraph 2, of the Statute provides: ‘This provision [paragraph 1] shall not prejudice the power of the Court to give a decision ex aequo et bono if the parties agree.’1The Court has given the following explanation of this:

Application of equitable principles is to be distinguished from a decisionex aequo et bono. The Court can take such a decision only on condition that the Parties agree … and the Court is then freed from the strict application of legal rules in order to bring about an appropriate settlement.2…

Cite this page
Malcolm N. Shaw, “Decision Ex Aequo et Bono”, in: Rosenne's Law and Practice of the International Court: 1920-2015. Consulted online on 16 January 2019 <>
First published online: 2017
First print edition: 20161001

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