Site navigation

Under Article 38(2) of the Statute of the International Court of Justice, when may the Court decide a…

Article 38(2) preserves the Court’s power to decide a case on the basis of equity if the parties agree to that method. Consent to the Court’s jurisdiction does not, by…

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?

Select one answer
Answer and explanation

Correct answer A

Article 38(2) preserves the Court’s power to decide a case on the basis of equity if the parties agree to that method. Consent to the Court’s jurisdiction does not, by itself, authorize that basis of decision.

Option feedback

Option A

Article 38(2) makes the parties’ agreement the condition for deciding ex aequo et bono.

Option B

Agreement by one party alone does not satisfy Article 38(2).

Option C

The Court’s own preference cannot supply the parties’ agreement under Article 38(2).

Option D

Accepting the Court’s jurisdiction does not itself supply agreement to a decision ex aequo et bono.

Practice for these exams

Related exam syllabi

Related questions in this topic