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Consider these statements about the Statute of the International Court of Justice. Assertion (A). The…

Article 38(2) of the Statute preserves the Court’s power to decide ex aequo et bono if the parties agree. Article 38(1)(c) separately includes general principles of law…

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Consider these statements about the Statute of the International Court of Justice.

Assertion (A). The Court may decide a case ex aequo et bono if the parties agree.

Reason (R). General principles of law are among the sources of law the Court applies.

Which option correctly describes their relationship?

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Answer and explanation

Correct answer B

Article 38(2) of the Statute preserves the Court’s power to decide ex aequo et bono if the parties agree.

Article 38(1)(c) separately includes general principles of law among the legal sources the Court applies.

The two clauses concern distinct bases of decision.

Option feedback

Option A

Article 38(2) expressly recognises the power stated in the assertion.

Option B

Article 38(2) recognises the consent-based power, and Article 38(1)(c) separately lists general principles of law.

Option C

Article 38(1)(c) supports the reason by listing general principles of law.

Option D

The consent-based power comes from Article 38(2). The list of legal sources in Article 38(1) serves a different function.

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