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Given below are two statements: one is labelled as Assertion A and the other is labelled as Reason R. Assertion A: Art. 38 (2) of the Statute of th
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Given below are two statements: one is labelled as Assertion A and the other is labelled as Reason R.
Assertion A: Art. 38 (2) of the Statute of the I.C.J states that, "Provision in Art 38 (1) shall not prejudice the power of the court a case EX AEQUO ET BONO if parties agree thereto."
Reason R: EX AEQUO ET BONO enables the court to decide upon considerations of fair dealing and good faith, which are independent or even contrary to law.
Choose the most appropriate answer:

A.

Both A and R are true and R is the correct explanation of A

B.

Both A and R are true but R is NOT the correct explanation of A

C.

A is true but R is false

D.

A is false but R is true

Correct option is A


Both the assertion and reason are true. Article 38 (2) empowers the ICJ to decide cases based on equity and good conscience if the parties agree, making R the correct explanation of A.

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