Equity and international law: a legal realist approach to the international decisionmaking
When a claimant or an adjudicator demands an interpretation of a right or duty in international law that goes beyond the existing conventional, statutory or customary norms, proceedings enter the uncharted area of equity in international law. This outstanding and original book tackles this complex subject with precision and authority. Evaluating past applications of equity, it is sure to contribute to improving the record of judicial performance in controversies for which equity is alleged to be relevant. Any decision-maker confronted with a claim to apply equity will benefit greatly from a close reading of this book.
38 pages matching Article 38 in this book
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Origins and Antecedents
Equity and Roman Law
Equity and Civil Law
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Abu Dhabi According Advisory Opinion aequo et bono agreement application of equity approach Article 38 Awards Barcelona Traction charter Cheng civil law Claims Committee of Jurists common law concept Conference Convention Court of International Court of Justice decision distributive justice doctrine draft article economic Elihu Root equidistance principle equitable principles equity in international ex aequo Gulf of Maine Hague Hague Peace Conferences important Int'l Arb international adjudication International Arbitrations International Court International Justice international law international legal interpretation issue Jay Treaty Judge Hudson juridical jurisdiction jurisprudence jurisprudential League of Nations legal realism legal systems legem legislative Maritime Delimitation municipal natural law natural prolongation Nicaragua North Sea Continental parties Permanent Court Phillimore positivists prevarication principles of equity principles of law Proces-Verbaux Professor publicists question recognized Ricci-Busatti Roberto Ago role Roman law Schwarzenberger Sea Continental Shelf sources of law Statute theory tion treaty Tunisia/Libya United Nations