Ex Aequo Et Bono

Definition of Ex Aequo Et Bono

In accordance with the work A Dictionary of Law, this is a description of Ex Aequo Et Bono : (Latin)

As a result of fair dealing and good conscience, i.e. on the basis of *equity. The phrase refers to the way in which an international tribunal can base its decision not upon conventional law but on what is just and fair to the parties before it. Article 38(2) of the Statute of the International Court of Justice specifically authorizes settlement of disputes based upon ex aequo et bono should both parties give their consent, although the Court has not yet given any judgment on this basis.

Ex Aequo et Bono

Embracing mainstream international law, this section on ex aequo et bono explores the context, history and effect of the area of the law covered here.

Resources

Further Reading

• The entry “ex aequo et bono” in the Parry and Grant Encyclopaedic Dictionary of International Law (currently, the Encyclopaedic Dictionary of International Law, 2009), Oxford University Press