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Ex Aequo Et Bono: De-Mystifying An Ancient Concept, Leon E. Trakman

Leon E Trakman Dean

The ancient concept, ex aequo et bono, holds that adjudicators should decide disputes according to that which is “fair,” and in “good conscience”. Despite its long history in international adjudication and even though it is enshrined in the Charter of the Permanent Court of International Justice, the concept of ex aequo et bono is often avoided on grounds that it operates outside of law, or is deemed to be contrary to law. This article argues that the concept has a valuable and emerging significance in modern law. It is ideally suited to resolving disputes between parties who are engaged in …