International legal nature of the principle of ex aequo et bono

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International legal nature of the principle of ex aequo et bono

Journal Title: Альманах міжнародного права - Year 2016, Vol 14, Issue

Abstract

The article examines the history of origin ex aequo et bono. The author examines the influence of the main features of the ancient period to the establishment of the principle, as a principle of natural law. It is proved that the principle is established in domestic law (Roman main idea of natural law) as one of the basic principles of general social law, forming a national activity, including the judiciary, later borrowed by international courts and now forms the basis of interna- tional legal justice and international legal system as a whole. The concept of “fairness” and “equality” as a central category of natural law, that in inter- national law generally called principle of ex aequo et bono, occurs in domestic law as a general principle, however, is of great significance for international law, both as a general principle and as a basis for other international principles, such as the principles of non-discrimination. Justice is the main principle, the idea of regulatory law in general, and particularly inter- national, connecting link between natural and positive international law that international law allows to operate in full compliance with socio-economic and other realities of life. The principle is the link positive and natural international law, general principles of law, which in his opinion are crystallized in the form of international justice.

Authors and Affiliations

С. М. ЗАДОРОЖНА

Keywords

international law principle of equity ex aequo et bono aequitas jus gentium conciliator Roman law canonical justice Art. 38 Statute of International Court of Justice

EP ID EP443505
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