The Ambiguity of Equity in International Law

Abstract:     
International law is sometimes interpreted differently by international lawyers representing different national, societal and doctrinal traditions. Thus, there is often a more difficult problem of understanding and explaining even apparently simple usages in international law than is sometimes appreciated. For example, the notion of equity in international law is subject to such different interpretations that an analysis of the concept may serve as a warning of how dangerous it is to assume that language in international law necessarily has a single or settled meaning.

The work below is, first, descriptive: to explain some prevalent doctrinal perceptions of the role of equity in international law; second, analytical: to evaluate how well or poorly such doctrine works in explaining recent international practice; and, third, prescriptive: to elaborate a third perception of the role of equity in international law that may help both to bridge some of the gaps in theory and to facilitate a clearer and more consistent understanding of what equity means in practice. Finally, a few concluding comments consider the larger problem of understanding international law from differing perspectives.

Number of Pages in PDF File: 28

Keywords: international law, law, equity in international law

JEL Classification: K33

working papers series