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Posts published in “International Court of Justice (ICJ)”

Ex Aequo Et Bono: The Uses of the Road Never Taken

Shai Dothan of iCourts has published a new paper called Ex Aequo Et Bono: The Uses of the Road Never Taken. Here is the abstract: The International Court of Justice (ICJ) can decide cases either according to the sources of international law (the law route) or—if the parties so choose—according to justice, “ex aequo et bono” (the justice route). The ICJ has never issued a judgment in the justice route, which indicates that no pair of parties simultaneously agreed to choose that option. This raises two questions: (1) Why do parties never choose the justice route? (2) Does the justice…