attitude of international judicial bodies related to margin of appreciation doctrine

Savari, Hasan; Ragheb, Niloufar

doi:10.22034/law.2024.59437.3345

attitude of international judicial bodies related to margin of appreciation doctrine

Document Type : Research Paper

Authors

Hasan Savari ¹
Niloufar Ragheb ²

¹ Associate Professor of International Law, Faculty of Law, Tarbiat Modares University, Tehran, Iran.

² PhD of International Law, Faculty of Law, Theology and Political Science, Science and Research Branch, Islamic Azad University, Tehran, Iran.

10.22034/law.2024.59437.3345

Abstract

Margin of appreciation is one of the most controversial means in international law for making a balance between complying international order and exercising sovereignty of states. Whereas promotion of world order require that states avoid, as far as possible, discretionary and arbitrary measures, their increasing tendency toward application of international requirement need to vouchsafe certain degree of appreciation. However, there is some ambiguity in its conditions and its scope. Using descriptive-analytical approach, this research has considered attitude of certain international and regional dispute settlement bodies, include International court of justice, WTO dispute settlement body, International criminal court, European court of human rights and European court of justice about various dimensions of this matter. The research is concluded that despite of variety viewpoint among dispute settlement bodies and international tribunals, there is approximately similar approach by them as a whole. But it isn’t concluded that margin of appreciation is same in all international law fields.

Keywords