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Deference in International Courts and TribunalsStandard of Review and Margin of Appreciation$
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Lukasz Gruszczynski and Wouter Werner

Print publication date: 2014

Print ISBN-13: 9780198716945

Published to Oxford Scholarship Online: November 2014

DOI: 10.1093/acprof:oso/9780198716945.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 15 October 2019

Standard of Review and the Margin of Appreciation before the International Court of Justice

Standard of Review and the Margin of Appreciation before the International Court of Justice

Chapter:
(p.319) 17 Standard of Review and the Margin of Appreciation before the International Court of Justice
Source:
Deference in International Courts and Tribunals
Author(s):

Chiara Ragni

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198716945.003.0017

Chapter 17 examines applicability of the doctrine of judicial deference to other bodies’ actions or to national decision-making in the practice of the ICJ. The chapter attempts to answer the question whether good faith can be regarded as a standard of review, as the jurisprudence of the Court seems to suggest, and how it has been applied (or should have been applied) in practice. The chapter next turns to another question and asks whether, in situations where the ICJ has allowed a degree of discretion to States in the assessment of international law norms, this attitude could be regarded as amounting to judicial deference towards national decision-making, and if so, whether the margin of appreciation doctrine may be applied.

Keywords:   International Court of Justice, ICJ, standard of review, derogating clauses, standard type norms, self-judging clauses, good faith, reasonableness, result oriented norms, margin of appreciation

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