1 The principle of ‘clean hands’ has its roots in Roman law. It finds expression in maxims of Roman law: ex dolo malo non oritur actio, nullus commodum capere potest de iniuria sua propria, and ex iniuria ius non oritur (Estoppel). 2 The most notable exposition and application of the principle (or more precisely, of an allied principle) in modern international law is found in opinions rendered by the Permanent Court of International Justice (PCIJ) in the Meuse, Diversion of Water Case (Netherlands v Belgium). The Netherlands and Belgium maintained that acts of the...
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