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Simple English definitions for legal terms
ex aequo et bono
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A quick definition of ex aequo et bono:
Term: EX AEQUO ET BONO
Definition: Ex aequo et bono means making a decision based on what is fair and good. This is often used in international law when a decision-maker is allowed to use their own judgment instead of following strict legal rules. For example, if both parties agree, a court may use ex aequo et bono to make a decision.
Related Terms: ex altera parte, examen, examen computi
A more thorough explanation:
Definition: Ex aequo et bono is a Latin term that means "according to what is equitable and good." In international law, a decision-maker who is authorized to decide ex aequo et bono is not bound by legal rules and may instead follow equitable principles.
Example: Article 38(2) of the Statute of the International Court of Justice provides that the Court may "decide a case ex aequo et bono if the parties agree thereto." This means that if both parties agree, the Court can make a decision based on what is fair and just, rather than strictly following legal rules.
Explanation: Ex aequo et bono allows for decisions to be made based on fairness and justice, rather than just following legal rules. This can be useful in situations where the law may not provide a clear solution or where strict adherence to the law may not be the best course of action.