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Max Planck Encyclopedia of Public International Law [MPEPIL]

Equity in International Law

Francesco Francioni

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 04 July 2022

Sustainable development — Equitable principles — Equity — Ex aequo et bono jurisdiction — Endangered species — Exclusive fishery zone — Rivers — Continental shelf — Exclusive economic zone — UNCLOS (UN Convention on the Law of the Sea) — Soft law

Published under the auspices of the Max Planck Institute for Comparative Public Law and International Law under the direction of Professor Anne Peters (2021–) and Professor Rüdiger Wolfrum (2004–2020). 

1 Equity is a polymorphous concept even in the narrow confines of legal language. In its most general meaning it refers to what is fair and reasonable in the administration of justice, a concept that in Roman Law is aptly expressed by the term aequitas. In a narrower and more technical meaning, equity refers to the power conferred on the International Court of Justice (ICJ) under Art. 38 (2) Statute of the International Court of Justice, or on other international courts and tribunals, to decide a case ex aequo et bono, ie without being required to apply rules of...
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