Situating “deformalization” within the international court of justice: Understanding institutionalised informality

Mohanty, Rahul (2023) Situating “deformalization” within the international court of justice: Understanding institutionalised informality. Law and Practice of International Courts and Tribunals. pp. 1-32. ISSN 1571-8034 (In Press)

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Abstract

This article approaches the International Court of Justice (ICJ) and its decisions from the lens of “deformalization”. It conceptualises “deformalization” not in a de-institutionalised sense, but as implying informality within the functioning of formal institutions. It posits that it may be useful to adopt this perspective to examine some of the actions of the ICJ, which may not be adequately explained from a purely formal standpoint. It examines various areas of deformalization within the ICJ, such as its approach towards evidence or provisional measures. It attempts to understand why and when deformalization is needed by the ICJ and concludes that the ICJ walks a tightrope between formal rules and informal application, in order to improve its effectiveness and legitimacy.

Item Type: Article
Keywords: International Court of Justice | Deformalization | Provisional Measures | Informality | Evidence | Sources of International Law
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Amees Mohammad
Date Deposited: 05 Sep 2023 04:18
Last Modified: 05 Sep 2023 04:18
Official URL: https://doi.org/10.1163/15718034-bja10102
URI: https://pure.jgu.edu.in/id/eprint/6604

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