The Margin of Appreciation and the Doctrine of State Obligations in Relevant Judgments of the European Court of Human Rights and the International Court of Justice

Abstract

The margin of appreciation is a criterion of interpretation used by various international tribunals, because human rights are not absolute and there is a space of action in which the different States can decide the scope and meaning of the different rights. It is for this reason that analyzing how this margin of appreciation develops is of utmost importance in international human rights law. This article seeks to analyze the role of the margin of appreciation and State obligations in two supranational jurisdictions, namely the European Court of Human Rights and the International Court of Justice.