Allowing ‘leeway to expediency, without abandoning principle’? The International Court of Justice’s use of avoidance techniques

摘要: As the principal judicial organ of United Nations, International Court Justice (ICJ) has an ambitious mandate. However, due to its institutional design, ICJ depends in large part on whether states allow it play this role, and their resistance can prove particularly damaging for regard. Against background, article argues that resort avoidance techniques may be a pragmatic way adapt reality, seems likely been relying such several occasions. With reference ICJ’s case law, highlights different at disposal, proposes categorization based effects, evaluates potential risks each category holds ICJ. Accordingly, distinguishes between merits-avoidance techniques, issue-avoidance deferential standards review. It demonstrates is counterproductive sometimes even dangerous In contrast, review allows reconcile legal mandate with political realities, accordingly greatest