“Ex aequo et bono” is a Latin legal term that translates to “according to what is just and good” in English. It refers to a principle in international law that allows a decision to be made based on fairness and equity rather than strict adherence to established legal rules.
When parties involved in a dispute agree to resolve their matter ex aequo et bono, they are essentially giving the decision-maker the authority to make a judgment based on general principles of justice and fairness, rather than relying on specific legal rules or statutes. This approach is more flexible and allows for a more subjective consideration of the unique circumstances surrounding a particular case.
The use of ex aequo et bono is relatively uncommon, and it is typically invoked when the parties involved prefer a more flexible and equitable resolution rather than a strict application of formal legal principles.