The Principle of Equity and Its Lawmaking Capacity in the Jurisprudence of the International Court of Justice



The principle of equity in international law is of multi-dimensional and complex nature always being debated in the international legal doctrine. However, the International Court of Justice has played a significant role in the determination of the examples of this principle. While interpreting the relevant rules, the court has sometimes made effective inferences which are very helpful to understand the content of the principle of equity and its legal standards. The principle of equity has been reflected in the jurisprudence of ICJ and the opinion of Judges in various forms. The purpose of this article is to elaborate this variety by analyzing the decisions of ICJ containing arguments on equity. The main question is to determine the capabilities of the principle of equity in developing international law and maintaining its dynamic nature particularly its law making capacity in order to develop international law.