EQUITY AND INTERNATIONAL LAW
This article analyzes the phenomenon of equity and its relationship with international law. Equity as such began to form in deep antiquity. Aristotle was the first author to use the term ‘equity’. Hugo Grotius cultivated equity and tried to justify it through the prism of a just war. Today, the conc...
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| Main Author: | |
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| Format: | Article |
| Language: | English |
| Published: |
Mykolas Romeris University
2025-02-01
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| Series: | Jurisprudencija |
| Subjects: | |
| Online Access: | https://ojs.mruni.eu/ojs/jurisprudence/article/view/8606 |
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| Summary: | This article analyzes the phenomenon of equity and its relationship with international law. Equity as such began to form in deep antiquity. Aristotle was the first author to use the term ‘equity’. Hugo Grotius cultivated equity and tried to justify it through the prism of a just war. Today, the concept of equity is in the sights of international law scholars. The article examines such topical issues as the relationship between equity and international law. It is noted that there is a close connection between these two phenomena. A very important feature of modern law is distinguished: contractual equity. The question of whether equity is a source of international law isanswered. of incorporation of equity into international law are examined. The forms of application of equity are distinguished and described: equity infra legem, equity praeter legem, and equity contra legem. Conclusions are drawn. It is pointed out that considering the concept of equity, it is necessary to adjust some norms of international law. The situation obliges us to do so. |
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| ISSN: | 1392-6195 2029-2058 |