Sunday, March 25, 2012

The Meuse Case brief

The Meuse Case (PCIJ, 1937, p. 152)
  • Maestricht Treaty—Netherlands accuses Belgium of violating the treaty but Belgium’s defense is that the Netherlands is violating the treaty.
  • Ct agrees w/ Belgium and decides based on equity.
  • Here ct sees equity as general principles. In Cayuga the equity seemed to be based on custom/consent.
  • Seems to be a connection between equity and gen princ.
  • Judge looks at US, Gr, Roman & Fr law as sources—limited to West b/c want to lime to safe places (case is in 1937). How universal should one be today?
  • N. 1, p. 155—Is equity just a pt of intl law or can it exist separately—outside of intl law? Is there one type of equity (justice/fairness) or many types?
  • N. 4, p. 155—Article 38 §2—What is the diff between equity and this? Maybe no one has used it b/c they feel it is tautological. (cts will find it w/o the parties having to agree!)

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