The Exercise of Discretion in International Law

This book addresses a fundamental element of international legal decision-making: the exercise of discretion. In a world where international law is growing rapidly to meet new challenges and the desires of international society, the conferral of discretion has become the preeminent strategy to make international legal systems efficient. This practice raises fundamental questions. They concern things such as the legal norms that constrain the exercise of discretion, the motives of legal decision-makers and the legitimacy of legal decisions.

Recent crises and emergencies – together with the idea that international law may benefit from automating parts of the fact-assessment process involved in legal decision-making – have accentuated the importance of these questions. In an attempt to come to grips with them, this book brings together contributing authors from different academic affiliations, backgrounds and research expertise. Their chapters explain the importance of more fully understanding discretion in international law but also highlight the complexity of the task. They point out the way forward for further research.

The Exercise of Discretion in International Law is an essential resource for students and scholars of public international law. Policymakers, practitioners and judiciaries who engage with international legal decision-making will also benefit from the detailed insights into the constraints on the exercise of discretion.