When may the International Court of Justice decide a case ex aequo et bono?

Correct answer: C. When the parties expressly agree to that method of decision

  • A. Whenever one party requests a decision based on fairness
  • B. When the Security Council refers any dispute to the Court
  • C. When the parties expressly agree to that method of decision
  • D. Whenever the Court considers treaty law unclear

Explanation

The Court may decide ex aequo et bono, meaning according to fairness rather than strictly applicable law, only if the parties agree. A request by one party or uncertainty in a treaty does not by itself create that authority.

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International law regulates relations among states and other recognised international actors through treaties, customary practice and general legal principles. Coverage includes statehood and recognition, jurisdiction, diplomatic relations, state responsibility, territory, use of force, peaceful dispute settlement and the role of the United Nations, while distinguishing public international law from private international law.

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