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Equity before International Courts and Tribunals

Equity first made its way in international decision-making through claims commissions and early arbitration tribunals, whereupon it started to be incorporated in the jurisprudence of international courts. Today, equity in international law is often associated with ICJ judgments, especially those involving maritime boundary delimitation. Recourse to equitable considerations in this field evolved over time, hardening into something very much approximating a method of equitable delimitation. However, iconic a status though the treatment of equity in the delimitation of maritime boundaries may have reached, equity is relevant to all of international law. In effect, some of the most interesting applications of equity have been made by interstate tribunals deciding other types of disputes. The chapter reviews ‘classic’ pronouncements on equity by international courts and tribunals and documents this jurisprudential history that conditions how we perceive equity in international law.