Citation. Permanent Court of Int’l Justice, P.C.I.J. (ser. A/B) No. 70. 76-78
Brief Fact Summary. The building of certain canals was the ground upon which the Netherlands (P) asserted that Belgium (D) had violated an agreement.
Synopsis of Rule of Law. Principles of equity forms part of International law.
Issue. Do principles of equity form a part of international law?
Concurrence. (Hudson, J) Yes. The principles of equity form a part of international law. Under Article 38 and independently of that statute, this Court has some freedom to consider principles of equity. The maxim “He who seeks equity must do equity” is derived from Anglo-American law.
Discussion. The Court also referred to Roman law. In Roman law, a similar principle made the obligations of a vendor and a vendee concurrent. Neither could compel the other to perform unless he had done, or tendered his own