711.60c12A/23
The Polish Legation to the Department of State
Memorandum
The use of the word “equity” in Articles 3 and 4 of the Arbitration and Conciliation Treaties respectively involves not only the danger of a very extensive interpretation of its meaning, but also the possibility of its being used by an arbitration court to apply principles of “equity” instead of the existing regulations of international law even in such cases where such regulations had been laid down in binding international treaties and agreements.
Moreover, according to the wording proposed by the State Department, there seems to be no guarantee that an arbitration court would be allowed to apply principles of “equity” only in such cases where a written or unwritten regulation, principle or precedent in international law or custom was lacking. On the other hand, the designation “international law” covering as it does not only existing international treaties and agreements but also generally recognized principles of international justice and equity, there seems to be no danger of restrictive interpretation of the words “international law” in case the words “and equity” are left out.