Abstract

Three International Court of Justice decisions -- Oil Platforms, Avena and Wall in the Occupied Palestinian Territory -- highlight the uncertain status of the margin of appreciation doctrine in the Court's jurisprudence. The purpose of this article is to evaluate, in the light of contemporary practice of other courts, the current status under international law of the margin of appreciation doctrine, which encourages international courts to exercise restraint and flexibility when reviewing the decisions of national authorities, and to offer preliminary guidelines for future ...