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Assertion (A): The decision of the International Court of Justice has no binding force except between…

Both statements are true: an ICJ decision binds only the parties and that case (Art. 59), and the Court may decide ex aequo et bono if the parties agree (Art. 38(2)); but…

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Assertion (A): The decision of the International Court of Justice has no binding force except between the parties and in respect of that particular case.
Reason (R): Under its Statute the ICJ has been given power to decide a case ex aequo et bono if the parties agree thereto.

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Answer and explanation

Correct answer B

Both statements are true: an ICJ decision binds only the parties and that case (Art. 59), and the Court may decide ex aequo et bono if the parties agree (Art. 38(2)); but the ex aequo et bono power does not explain the relativity of res judicata, so "Both A and R are true but R is not a correct explanation of A".

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