paragraph 159 in volume 2, chapter 9, Jurisdiction and Admissibility: General Concepts

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The Statute of the International Court of Justice maintains the provision of the Statute of the Permanent Court of International Justice, that if the parties agree, the Court may decide a case ex aequo et bono.¹ The existence of this provision, misplaced in Article 38, paragraph 2, of the Statute, has given rise to controversy, but there is no experience of its use. Coming in Article 38, which relates to the law to be applied by the Court,…