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The International Court of Justice can use its power to decide ex aequo et bono

Article 38(2) of the ICJ Statute permits a decision ex aequo et bono only if the parties agree. This allows the Court to decide on the basis of what is fair and equitable…

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The International Court of Justice can use its power to decide ex aequo et bono

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Article 38(2) of the ICJ Statute permits a decision ex aequo et bono only if the parties agree. This allows the Court to decide on the basis of what is fair and equitable under that agreed authority. The Court cannot substitute its own discretion or permission from another UN organ for the parties' consent.

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