The People of Pennsylvania surely understood that the uniformity requirement alone would be inadequate to accomplish equitableness
, or they would not have preserved classification authority.
The Chamber then turned to the old chestnut of looking to the facts and circumstances of each case.(99) This sounds fine, but what does it mean that "the equitableness [of a criterion] can only be assessed in relation to the circumstances of each case, and for one and the same criterion it is quite possible to arrive at different, or even opposite, conclusions in different cases?".(100) It is all well and good if it refers to the obvious fact that the same criterion may produce different outcomes in different circumstances, and if the Chamber had in mind such truisms as, for example, that short coasts generate shorter shelves than longer coasts or that a criterion that deals with islands is irrelevant in an island-free delimitation.
coast."(165) The ICJ added that it is "indeed required by the fundamental principle of ensuing an equitable delimitation between the states concerned,"(166) and gave it certain weight in assessing the equitableness of the lines drawn on the basis of other criteria.
The ICJ first shifted the median line to some extent in the direction of Malta, and then tested the outcome for reasonable proportionality, rejecting any predetermined arithmetical ratio and concluding that no further reduction was appropriate because, under "a broad assessment of the equitableness of the result," there was no evident disproportion.(224) While this entire process was affected both by the proximity of the Northern littoral of the Mediterranean (Italy)(225) and the intrusion of potential claims of third states,(226) and while the ICJ's explanations about the dimension of the shift were not very revealing,(227) Malta ended up with roughly three quarters of what it would have had in the delimitation area without this shift.
Equity theory (Adams, 1965) assumes that in order to determine the equitableness
of the employer-employee exchange relationship, employees compare their investments and outcomes to those of relevant others, in particular their co-workers.
Efficiency and equitableness
are fulfilled at a high level.
The purpose of education, identified by Newman, is the formation of a philosophical habit rooted in freedom, equitableness
, calmness, moderation, and wisdom.
This happens elsewhere in international law; for example, the law of the sea in key matters aims first at state agreement and, failing that, applies a vague standard of equitableness
for the solution of disputes.
The "us" versus "them" mentality great affects the equitableness
of a project contract agreement.
(125.) Commentators are increasingly aware of the unfettered discretion handed to judges and arbitrators by vague laws, "Vagueness creeps into the law on the padded feet of words and phrases like fairness, equitableness
, good cause, good faith, reasonableness under the circumstances - pillowy expressions that tend to soften the blow of what is, in fact, a grant of wide judicial discretion over some area." Walter Olson, The Litigation Explosion 89 (1985).
Readers w ill remember Newman's verbs: "enlarge," "pursue," "respect," "consult," "aid," "interpret," "guide," "open," "refine," "digest." And they will remember his still more famous list in the passage which cites freedom, equitableness
, calmness, moderation, and wisdom.
Let me remind you of the meaning of that word, 'the quality of being just; righteousness, equitableness
, or moral rightness.'