That is to say, a court comes to the conclusion that the situation engaged in a case has no answer from the governing system of law. This is of particular relevance to international law since international courts, be it the ICJ or ad hoc tribunals, cannot invent law to redress a lacuna. As has now become the practice, the last resort that can be taken recourse to in deciding contentious cases is the widely accepted law of civilized nations (see generally Barcelona Traction, as accepting the doctrine of estoppel as part of international law). The ex aequo et bono jurisdiction has to date never been accepted by states, and it can be believed that states would never accept it. Thus, absence of determinable international law leads to the court declaring something non liquet. But it has been argued by many that invoking of the non liquet doctrine is opposed to the notion of law being a complete system with no loose ends anywhere to be tied. Note that municipal courts enforcing international law are not constrained to declare an area non liquet.
Is Your Favourite Blog Good Enough to Be a Winner? the Nation's Most Readable, Edgy and Entertaining Bloggers Will Today Fight It out for an Exalted Position in Cyberspace as They Compete Head to Head to Be Named the Best in Wales. Here Darren Devine Profiles the Finalists in This Year's Wales Blog Awards 2011
Oct 27, 2011; Byline: Darren Devine FROM entertainment and music to politics they cover every facet of Welsh life. And despite being famously...