The Diversion of Water from the Meuse (Netherlands v. Belgium) case brief

The Diversion of Water from the Meuse (Netherlands v. Belgium)


Procedural History:
The Netherlands (P) claimed that Belgium (D) violated an agreement by building certain canals.

Overview:
The Netherlands (P) objected to the construction of certain canals by Belgium (D) that would alter the water level of the Meuse River in violation of an earlier agreement. Belgium (D) counterclaimed based on the construction of a lock by Netherlands (P) at an earlier time. The Court rejected both claims.

Issue:
Do principles of equity form a part of international law?

Rule:
the principles of equity form a part of international law.

Analysis:
The Court also referred to Roman Law. A similar principle in Roman Law made the obligations of a vendor and a vendee concurrent. Neither could compel the other to perform unless he had done, or tendered. his own part .

Outcome:
(Hudson, J.) Yes. Principles of equity form a part of international law. Under Article 38, and independently of that statute, this Court has some freedom to consider principles of equity. The maxim, “He who seeks equity must do equity,” is derived from AngloAmerican law.