The Function of Equity in International Law

ISBN : 9780198868002

Catharine Titi
224 Pages
156 x 234 mm
Pub date
Jun 2021
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This book provides a systematic and comprehensive study of the legal concept of equity as it operates in contemporary international law. A principle with a long pedigree, equity has been present in legal thought and in municipal legal systems since antiquity. Introduced in international legal decisions through claims commissions and arbitral tribunals, equity became progressively part and parcel of the international law mainstream. From international cultural heritage law to the law on climate change, from maritime boundary delimitations to decisions on security for costs in investment arbitration, the relevance of equity is more far-reaching than has previously been acknowledged. In contrast with earlier studies on the topic, this book is informed by a body of judicial and arbitral case law that has never been so substantial and varied. It also draws extensively on the prolific case law of investment tribunals, gaining insights from a valuable source that is typically overlooked in public international law scholarship. As the importance of international law increases, covering continuously new domains, the value of equity increases with it. It is this new equity in the international law of the 21st century that this book explores.


1 Introduction
Part I: Preliminary Matters
2 Origins of Equity
3 Equity Before International Courts and Tribunals
Part II: Equity in General
4 The Purpose of Equity
5 Traditional Typology of Equity
6 Power to Resort to Equity
Part III: Specific Aspects of Equity
7 Jurisdiction ex Aequo et Bono
8 Variations on Equity and Related Concepts
9 Equity, Compensation, and Costs
10 Conclusion

About the author: 

Catharine Titi, Dr iur., FCIArb, is a tenured Research Associate Professor at the French National Centre for Scientific Research (CNRS)-CERSA, University Paris II Pantheon-Assas, France. She serves on the Board of the European Society of International Law (ESIL), on the Academic Council of the Institute for Transnational Arbitration (ITA) of the Center for American and International Law (CAIL), and on the Steering Committee of the Academic Forum on ISDS, whose work contributes to the discussions in Working Group III of the United Nations Commission on International Trade Law (UNCITRAL WG III). She holds a PhD from the University of Siegen in Germany (Summa cum laude, Rolf H. Brunswig PhD Prize) and she has previously been a consultant at the United Nations Conference on Trade and Development (UNCTAD). In 2016, Catharine was awarded the prestigious Smit-Lowenfeld Prize of the International Arbitration Club of New York for the best article published in the field of international arbitration.

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