paragraph 380 in volume 3, chapter 27, The Decision
Article 38, paragraph 2, of the Statute provides: ‘This provision [paragraph 1] shall not prejudice the power of the Court to give a decision ex aequo et bono if the parties agree.’1The Court has given the following explanation of this:
Application of equitable principles is to be distinguished from a decisionex aequo et bono. The Court can take such a decision only on condition that the Parties agree … and the Court is then freed from the strict application of legal rules in order to bring about an appropriate settlement.2…