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    Question

    According to Article 38(2) of the International Court

    of Justice (ICJ) Statute, what does the provision state regarding the power of the Court to decide a case ex aequo et bono?
    A The Court is required to decide all cases ex aequo et bono Correct Answer Incorrect Answer
    B The Court can decide a case ex aequo et bono only in criminal matters Correct Answer Incorrect Answer
    C The provision limits the power of the Court to decide a case ex aequo et bono Correct Answer Incorrect Answer
    D The Court has the power to decide a case ex aequo et bono if the parties agree Correct Answer Incorrect Answer

    Solution

    The Court has the power to decide a case ex aequo et bono if the parties agree, Explanation: Art. 38 (2) This provision shall not prejudice the power of the Court to decide a case ex aequo et bono, if the parties agree thereto.

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