Abstract: Due to increasing international disputes and variety environmental circumstances on them cannot be always recognized use of substantive regulations solution for lawsuit settlement. And so a degree of flexibility is necessary in disputes settlement system of international and achievement to this is not possible without use of equity. The presence of international community indicate the presence of international Jus cogens rules but logically to that international law is like a legal system, guide the international community to their real home, support from the essential and basic interests of the community should be more considered.