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Been There, Done That: The Margin of Appreciationand International Law
Cambridge Journal of International and Comparative Law
The margin of appreciation, as a doctrine of international law, has a great future behind it. It was once thought to be the panacea that would solve international law's problems, but has in fact diminished in importance in international law. Contrary to what is often argued, the doctrine of the margin of appreciation originated in early public international law, not in Continental domestic public law. In the course of the twentieth century, international law discarded the doctrine. Thedoi:10.7574/cjicl.04.01.181 fatcat:es52as3sy5cqbpu7lkvma6sodu