The present chapter discusses the role of equity - as a general principle of law - in determining reparation for internationally wrongful acts. The chapter highlights the role of equity as a principle informing judicial activity in the international system and the application of abstract norms to concrete factual situations. The dogmatic distinction between equity infra legem and equity extra legem turns out to be only partially satisfactory when seeking to explain the complexities and nuances of the role that equity plays in shaping the forms of reparation for international wrongs.
General Principles Infra, Praeter, Contra Legem? The Role of Equity in Determining Reparation
Milano, Enrico
2019-01-01
Abstract
The present chapter discusses the role of equity - as a general principle of law - in determining reparation for internationally wrongful acts. The chapter highlights the role of equity as a principle informing judicial activity in the international system and the application of abstract norms to concrete factual situations. The dogmatic distinction between equity infra legem and equity extra legem turns out to be only partially satisfactory when seeking to explain the complexities and nuances of the role that equity plays in shaping the forms of reparation for international wrongs.
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