Considerations of Equity in the Settlement of Territorial and Boundary Disputes

ISBN-13: 9780792322177 / Angielski / Twarda / 1993

Masahiro Miyoshi

Opis

An increasing reference to equity can be seen in recent international treaties, despite the general and sustainable, criticism of its application to the legal relations between states on the grounds of its subjectivity. Be that as it may, States tend to insert equitable provisions in treaties, either in the preamble or in the operative clauses, particularly those dealing with dispute settlement. This is a direct reflection of the States' awareness of the need for a practical response to changes or new developments in international relations which cause or may cause gaps in the existing rules of international law.