The Standard of Review before the International Court of Justice: Between Principle and Pragmatism

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The Standard of Review before the International Court of Justice: Between Principle and Pragmatism

By Felix Fouchard
Hart Publishing May 2024

Specifications

ISBN-13
9781509971305
Publisher
Hart Publishing
Publication
May 2024
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

This book examines how the International Court of Justice (ICJ) reviews State behaviour through the prism of the standard of review.

It develops a novel rationale to support the ICJ's application of deferential standards of review as a judicial avoidance technique, based on strategic considerations. It then goes on to empirically assess all 31 decisions of the Court in which the standard of review was at issue, showing how the Court determines that standard, and answering the question of whether it varies its review intensity strategically.

As a result, the book's original contribution is two-fold: establishing a new rationale for judicial deference (that can be applied to all international courts and tribunals); and providing the first comprehensive, empirical analysis of the ICJ's standards of review. It will be beneficial to all scholars of the Court and those interested in judicial strategy.

Table of Contents

I. Introduction
II. Old Wine in New Skins?
III. Something New under the Sun: Standards of Review as a Judicial Avoidance Technique
IV. The Most Lenient Standard of Review: Absence of Judicial Oversight
V. A Lenient Standard of Review: The Good Faith Standard
VI. A Somewhat Lenient Standard of Review: The Reasonableness Standard
VII. The Strictest Standard of Review: The De Novo Standard
VIII. Conclusion: The ICJ's Relatively Strict, Yet Strategic Approach towards the Standard of Review Question
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