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13 Oiling the Wheels of International Law: Equity and Proportionality

From: Problems and Process: International Law and How We Use It

Rosalyn Higgins

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 08 December 2022

Subject(s):
Equity — Proportionality and immediacy — Equitable principles — Delimitation — Continental shelf — Self-defence
Equity and proportionality are not substantive norms of international law in the same sense as, for example, jurisdiction, or recognition, or the use of force. But they are concepts that are much invoked, by judges, advocates, and scholars alike. They do not so much comprise the norms of international law as ease their appropriate application in particular cases. The purpose of this chapter is to study the content of these concepts and to examine their role in oiling the wheels of international law. Legal doctrine identifies three possible applications of equity:...
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