A Reflection on the Margin of Appreciation Doctrine

The margin of appreciation as an established doctrine in the European Court of Human Rights (ECtHR) is a methodology for precise examination of decisions of national authorities by international courts. According to this doctrine, national authorities are in a better position than international judges to decide on the better application of the European Convention on Human Rights.  In this article, the doctrine has been examined from both theoretical and practical perspectives. It has also been discussed whether the doctrine is applicable in international legal obligation of states. Although in the field of human rights the margin of appreciation for states has sometimes been approved, it cannot be extended to all international legal obligations.