Competența curții internaționale de justiție a ONU de a soluționa o cauză ex aequo et bono

• Main Author: AUGUSTINA ȘIMAN
• Format: Article
• Language: English
• Published: National Institute of Justice 2018-04-01
• Series: Revista Institutului Naţional de Justiţie
• Subjects: ex aequo et bono; echitate; t; norme juridice; Statutul CIJ
• Online Access: https://ibn.idsi.md/sites/default/files/imag_file/Competenta%20curtii%20internationale%20de%20justitie%20a%20ONU%20de%20a%20solutiona%20o%20cauza%20EX%20AEQUO%20ET%20BONO.pdf

The issue of investigating the competence of the International Court of Justice in solving an international dispute through ex aequo et bono is not fully dealt with in the national doctrine of public international law and in the European one as well. Therefore, this article aims to answer a few important questions regarding the work of the world judicial body when ex aequo et bono is being used: What does the notion of „equity” mean? What is the importance of the parties’ consent in such litigation? Does this mean of solving an international dispute allow the use of the norms of international law or is it based only on the reasoning of “what is right and well” and thus neglects the international law?