| 释义 |
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 of the Statute of the International Court of Justice provides that “if the parties agree the Court may decide a case ex aequo et bono”. In point of fact this provision has never been implemented for the practical reason that in no case before the Court have the parties agreed to allow its use. |