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Equity in International Law [PDF]
Israel Law Review, 1987 In its judgment concerning the frontier dispute between Burkina Faso and the Republic of Mali (1986), the Chamber ot the International Court of Justice (I.C.J.) summarized its opinion on the applicability of equity as follows:It is clear that the Chamber cannot decideex aequo et bonoin this case. Since the Parties have not entrusted it with the task of
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2017
The common law tradition has been characterized for centuries by a plurality of courts and legal systems, with distinct but often overlapping jurisdictions that were defined partly by territory and partly by subject matter. Perhaps the most prominent example was the interaction between the courts of common law (in the strict sense) and the Chancery ...
Lionel Smith, Lionel Smith
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The common law tradition has been characterized for centuries by a plurality of courts and legal systems, with distinct but often overlapping jurisdictions that were defined partly by territory and partly by subject matter. Perhaps the most prominent example was the interaction between the courts of common law (in the strict sense) and the Chancery ...
Lionel Smith, Lionel Smith
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SSRN Electronic Journal, 2020
With the merger of law and equity almost complete, the idea of equity as a special part of our legal system or a mode of decision-making has fallen out of view. This Article argues that much of equity is best understood as performing a vital function.
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With the merger of law and equity almost complete, the idea of equity as a special part of our legal system or a mode of decision-making has fallen out of view. This Article argues that much of equity is best understood as performing a vital function.
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SSRN Electronic Journal, 2006
In this paper I focus on three equitable principles in the common law jurisdictions of England and Sri Lanka and the treatment of those principles in Tinsley v. Milligan (1993) 3 ALL ER 65 (HL) my conclusion is that the UK House of Lords creates the judicial trend of unifying the Law of Restitution with respect to claims to property as relief before ...
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In this paper I focus on three equitable principles in the common law jurisdictions of England and Sri Lanka and the treatment of those principles in Tinsley v. Milligan (1993) 3 ALL ER 65 (HL) my conclusion is that the UK House of Lords creates the judicial trend of unifying the Law of Restitution with respect to claims to property as relief before ...
openaire +2 more sources