{"title":"Situating “Deformalization” within the International Court of Justice: Understanding Institutionalised Informality","authors":"Rahul Mohanty","doi":"10.1163/15718034-bja10102","DOIUrl":null,"url":null,"abstract":"\nThis 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.","PeriodicalId":42613,"journal":{"name":"Law & Practice of International Courts and Tribunals","volume":null,"pages":null},"PeriodicalIF":0.5000,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Law & Practice of International Courts and Tribunals","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1163/15718034-bja10102","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"LAW","Score":null,"Total":0}
引用次数: 0
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.
期刊介绍：
The Law and Practice of International Courts and Tribunals is firmly established as the leading journal in its field. Each issue will give you the latest developments with respect to the preparation, adoption, suspension, amendment and revision of Rules of Procedure as well as statutory and internal rules and other related matters. The Journal will also provide you with the latest practice with respect to the interpretation and application of rules of procedure and constitutional documents, which can be found in judgments, advisory opinions, written and oral pleadings as well as legal literature.
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