The Standard of Review before the International Court of Justice: Between Principle and Pragmatism
(Paperback)
Available Formats
Publishing Details
The Standard of Review before the International Court of Justice: Between Principle and Pragmatism
By (Author) Felix Fouchard
Bloomsbury Publishing PLC
Hart Publishing
13th November 2025
United Kingdom
Classifications
Professional and Scholarly
Non Fiction
International law: courts and procedures
341.552
Physical Properties
Paperback
264
Width 156mm, Height 234mm
Description
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 ICJs 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 books 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 ICJs standards of review. It will be beneficial to all scholars of the Court and those interested in judicial strategy.
Author Bio
Felix Fouchard is Research Associate at the Chair for Public Law, International Law and European Union Law at the University of Mnster, Germany.
