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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, 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 ...
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1. The Equity of the Law: Law and Equity since Justinian
2014The author intends to show first how the civil law lost the dual structure of classical Roman law and secondly how it came to introduce a ban on an equitable review of the law. By the continuous interaction between 'law' and 'equity', Roman law attained an impressive flexibility, supervised and controlled by the praetor, who developed a complex system ...
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2019
This chapter explores the relationship between fiduciary law and equity, focusing on an idea that largely determines the place of fiduciary law in private law: that fiduciary law is equitable. In this regard, the term “equitable” implies that fiduciary law serves a characteristic equitable function, a function that solves problems of high variability ...
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This chapter explores the relationship between fiduciary law and equity, focusing on an idea that largely determines the place of fiduciary law in private law: that fiduciary law is equitable. In this regard, the term “equitable” implies that fiduciary law serves a characteristic equitable function, a function that solves problems of high variability ...
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Journal of Health Politics Policy and Law, 2020
The novel coronavirus pandemic has set in high relief the entrenched health, social, racial, political, and economic inequities within American society as the incidence of severe morbidity and mortality from the disease caused by the virus appears to be ...
Philip M. Alberti, P. Lantz, C. Wilkins
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The novel coronavirus pandemic has set in high relief the entrenched health, social, racial, political, and economic inequities within American society as the incidence of severe morbidity and mortality from the disease caused by the virus appears to be ...
Philip M. Alberti, P. Lantz, C. Wilkins
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Social Science Research Network, 2018
The Law of Equity is a unique junction where doctrinal private law, moral theory, and social perceptions of justice meet. This book explores the general principles that underlie Equity’s intervention in the Common Law, with Chapter 1 arguing that Equity ...
Irit Samet
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The Law of Equity is a unique junction where doctrinal private law, moral theory, and social perceptions of justice meet. This book explores the general principles that underlie Equity’s intervention in the Common Law, with Chapter 1 arguing that Equity ...
Irit Samet
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SSRN Electronic Journal, 2016
The article explores the continuing relevance of the 1991 Delaware Supreme Court decision in Schnell v. Chris-Craft Industries, Inc., in particular the extent to which evolving concepts of good faith have, or should, displace the free-wheeling equity doctrine of Schnell.
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The article explores the continuing relevance of the 1991 Delaware Supreme Court decision in Schnell v. Chris-Craft Industries, Inc., in particular the extent to which evolving concepts of good faith have, or should, displace the free-wheeling equity doctrine of Schnell.
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2019
Introduction Much of equitable doctrine concerning contract law is now covered in contract law or property law subjects. Our coverage will therefore be brief. Equitable intervention into contract law can take one of four forms: (a) Equity enforces some promises which are unenforceable at common law.
Vicki Vann +3 more
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Introduction Much of equitable doctrine concerning contract law is now covered in contract law or property law subjects. Our coverage will therefore be brief. Equitable intervention into contract law can take one of four forms: (a) Equity enforces some promises which are unenforceable at common law.
Vicki Vann +3 more
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SSRN Electronic Journal, 2015
This paper serves to introduce the reader to the concept and use of the term "equity" and its place in modern systems of law. The paper begins in the middle of history - with the curious cases of Sir Mathew Begbie, who served as the first chief judge for the colony of British Columbia. Sir Begbie served as both a common law judge and a judge in a court
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This paper serves to introduce the reader to the concept and use of the term "equity" and its place in modern systems of law. The paper begins in the middle of history - with the curious cases of Sir Mathew Begbie, who served as the first chief judge for the colony of British Columbia. Sir Begbie served as both a common law judge and a judge in a court
openaire +2 more sources