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Part IV Contemporary Issues in International Adjudication, Ch.25 International Judicial Behavior

Erik Voeten

From: The Oxford Handbook of International Adjudication

Edited By: Cesare P R Romano, Karen Alter, Yuval Shany

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 07 December 2021

Judges — Relationship between international and domestic law — Economic, social, and cultural rights
The field of judicial behavior studies why judges make the choices that they do. The most obvious answer is that the law determines judicial decision-making. This answer is not so much wrong as it is incomplete. What the law means and how it should be applied to concrete instances is not always obvious. Judges have discretion in how they interpret the law. The study of judicial behavior examines the factors that determine how judges use that discretion. This question has mostly focused on identifying extra-legal influences on judicial behavior, including political...
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