THE PRINCIPLE OF EQUITY AND ITS LAWMAKING CAPACITY IN THE JURISPRUDENCE OF THE INTERNATIONAL COURT OF JUSTICE

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MOHEBBI MOHSEN; AMINI AZAM

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Journal: INTERNATIONAL LAW REVIEW Year:2015 | Volume:- | Issue:51 Page(s): 9-40

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Title

THE PRINCIPLE OF EQUITY AND ITS LAWMAKING CAPACITY IN THE JURISPRUDENCE OF THE INTERNATIONAL COURT OF JUSTICE

Author(s)

MOHEBBI MOHSEN | AMINI AZAM | Issue Writer Certificate

Keywords

EQUITYQ2

EQUITABLE PRINCIPLESQ2

GENERAL PRINCIPLES OF LAWQ2

ESTOPPELQ2

GOOD FAITHQ2

Abstract

The principle of EQUITY in international law is of multi-dimensional and complex nature always being debated in the international legal doctrine.However, the International Court of Justice has played a significant role in the determination of the examples of this principle. While interpreting the relevant rules, the court has sometimes made effective inferences which are very helpful to understand the content of the principle of EQUITY and its legal standards. The principle of EQUITY has been reflected in the jurisprudence of ICJand the opinion of Judges in various forms. The purpose of this article is to elaborate this variety by analyzing the decisions of ICJ containing arguments on EQUITY. The main question is to determine the capabilities of the principle of EQUITY in developing international law and maintaining its dynamic nature particularly its law making capacity in order to develop international law.

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APA: Copy

MOHEBBI, MOHSEN, & AMINI, AZAM. (2015). THE PRINCIPLE OF EQUITY AND ITS LAWMAKING CAPACITY IN THE JURISPRUDENCE OF THE INTERNATIONAL COURT OF JUSTICE. INTERNATIONAL LAW REVIEW, -(51), 9-40. SID. https://sid.ir/paper/261587/en

Vancouver: Copy

MOHEBBI MOHSEN, AMINI AZAM. THE PRINCIPLE OF EQUITY AND ITS LAWMAKING CAPACITY IN THE JURISPRUDENCE OF THE INTERNATIONAL COURT OF JUSTICE. INTERNATIONAL LAW REVIEW[Internet]. 2015;-(51):9-40. Available from: https://sid.ir/paper/261587/en

IEEE: Copy

MOHSEN MOHEBBI, and AZAM AMINI, “THE PRINCIPLE OF EQUITY AND ITS LAWMAKING CAPACITY IN THE JURISPRUDENCE OF THE INTERNATIONAL COURT OF JUSTICE,” INTERNATIONAL LAW REVIEW, vol. -, no. 51, pp. 9–40, 2015, [Online]. Available: https://sid.ir/paper/261587/en

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