Correct option is B
Both the assertion and the reason are correct, and the reason accurately explains the assertion.
· Assertion (A): The International Court of Justice (ICJ) indeed has the power to decide cases on the basis of equity. According to Article 38(1) of the ICJ Statute, equity can be applied by the ICJ as a source of law. The court can make decisions based on principles of fairness and justice (ex aequo et bono) if both parties agree to it. This ensures that the court’s decisions align with the underlying principles of fairness, even if not strictly tied to conventional legal norms.
· Reason (R): Equity is considered one of the general principles of law recognized by civilized nations. These principles are part of international law and provide a framework for the ICJ to ensure that its rulings are fair and just, reflecting the broader ethical and legal standards shared by the international community.
Information Booster
The ICJ, as the principal judicial organ of the United Nations, has the authority to apply not only treaties and customary international law but also general principles of law recognized by civilized nations, including equity. Equity allows the ICJ to ensure that justice is served in cases where strict application of law might lead to an unjust outcome.
Additional Knowledge
· Equity in International Law: Equity plays a crucial role in international adjudication, allowing courts like the ICJ to render decisions that are fair and just, even in the absence of specific legal rules. This approach is rooted in the broader principles of justice that guide international relations.
· Ex Aequo et Bono: This Latin term means "according to what is just and good." It reflects the ICJ’s ability to decide a case based on principles of fairness rather than strictly adhering to legal rules, provided the parties to the dispute consent to such a decision.
