Принципът ex aequo et bono в юруспруденцията на Международния съд на ООН

Abstract

Art. 38 (2) of the Statute of the UN International Court of Justice (I. C. J. ) grants the Court the power to decide a case ex aequo et bono, which means application of the moral categories “fairness” (aequo) and “good faith” (bono). The Statute of I. C. J. treats this principle as an extra – judicial method, which the Court may use in the adjudication of a dispute between two States only on their express and mutual requests. Then the resolution of the dispute will be based not on legal rules but on the judges’ moral considerations of fairness and good. This article analyses the legal nature and the scope of application of the principle ex aequo et bono.