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The “Precedential Judge Hudson”? Rivers, Oceans, Equity, and International Tribunals

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Chapter Summary

It is generally accepted that the origin of the modern exposition of &t;equity&t; in international judicial settlement is found in the individual opinion of Judge Hudson in the Water from the Meuse case between the Netherlands and Belgium in the Permanent Court. In his 1937 individual opinion for the Meuse case, Judge Hudson did what tribunals have often done when dealing with shared uses of rivers and oceans: he considered equity or equitable principles as a means of resolving the dispute. Judge Hudson's individual opinion in the 1937 PCIJ Diversion of Water from the River Meuse case is a necessary starting point for considering how international tribunals use equity in cases dealing with rivers and oceans. For the majority, the Court's central problem in dealing with the question of equity was that it had &t;not been expressly authorized to apply equity as distinguished from law.

Keywords: equity; PCIJ Diversion of Water; River Meuse case; rivers and ocean



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