Under Article 38(2) of the Statute of the International Court of Justice, when may the Court decide a…
Article 38(2) allows the Court to decide a case on the basis of what is equitable and fair if the parties agree. Article 38(1) separately lists the sources the Court applies…
Choose your answer
Under Article 38(2) of the Statute of the International Court of Justice, when may the Court decide a case ex aequo et bono?
Answer and explanation
Correct answer A
Article 38(2) allows the Court to decide a case on the basis of what is equitable and fair if the parties agree. Article 38(1) separately lists the sources the Court applies when deciding disputes in accordance with international law.
Option feedback
Option A
Article 38(2) permits the Court to decide ex aequo et bono if the parties agree.
Option B
A unilateral request does not establish the parties' agreement under Article 38(2).
Option C
Article 38(2) conditions this power on the parties' agreement. Security Council authorization does not supply that agreement.
Option D
The judges' preference does not replace the agreement of the parties required by Article 38(2).
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