ABSTRACT

This chapter considers the role of equity in international law. The close relationship between law and equity is undeniable, and the pervasive influence of equity on legal rules and principles is at least as strong in international law as in other legal systems. The tasks fulfilled by equity infra legem and equity praeter legem can be fulfilled within the law. There is no need for a separate concept of equity in the juridical tool-kit in order to reach just decisions. One of the features of equity which makes its use appear desirable to judges and parties alike is obvious. Its invocation strengthens a decision made on other grounds, and particularly decisions taken on narrow technical grounds. Concluding that there are limited circumstances in which recourse to equity might appear necessary, it then discusses the features of equity which make its use desirable in certain contexts.