Colleagues,

                  The ICJ President expressed reliance on 'equitable considerations' by the Court in determining its judgment in the captioned case, presumably equiy infra legem within applicable rules under Section 38(1) of the ICJ Staute. I would be most interested to ascertain and would appreciate receiving comments on how much of a determinant this was in the framing of the judgment, vis a vis the strict application of international law as envisaged by the Statute.

 

A  lingering question is whether there could have been a different outcome had the matter been adjudicated by the International Tribunal of the Law of the Sea(iTLOS)

 

Best Wishes for 2013!!

 

David