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Judging at the interface : deference to state decision-making authority in international adjudication / Esmé Shirlow.

By: Material type: TextTextPublisher: Cambridge : Cambridge University Press, 2021Description: 1 online resource (xlii, 338 pages) : digital, PDF file(s)Content type:
  • text
Media type:
  • computer
Carrier type:
  • online resource
ISBN:
  • 9781108867108 (ebook)
Subject(s): Additional physical formats: Print version: : No titleDDC classification:
  • 341.5/22 23
LOC classification:
  • KZ6115 .S55 2021
Online resources:
Contents:
Deference and the international adjudication of private property disputes -- Deference in context - domestic authority and international private property -- Locating deference - the function of deference in legal adjudication -- Structures of deference in international case law -- Conclusive decision-making authority : deference as submission or control -- Suspensive decision-making authority : deference as deferral and abstention -- Concurrent decision-making authority : deference as restraint, reference, and respect -- Deference in different times and contexts -- The systemic implications of deference in international adjudication -- Bringing principles into practice : grappling with deference in international adjudication -- Conclusion: deference as a story of international adjudication.
Summary: This book explores how the Permanent Court of International Justice, the International Court of Justice, the European Court of Human Rights, and investment treaty tribunals have used deference to recognise the decision making authority of States. It analyses the approaches to deference taken by these four international courts and tribunals in 1,714 decisions produced between 1924 and 2019 concerning alleged State interferences with private property. The book identifies a large number of techniques capable of achieving deference to domestic decision-making in international adjudication. It groups these techniques to identify seven distinct 'modes' of deference reflecting differently structured relationships between international adjudicators and domestic decision-makers. These differing approaches to deference are shown to hold systemic significance. They reveal the shifting nature and structure of adjudication under international law and its relationship to domestic decision making authority.
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eBooks eBooks Central Library Law Available EB0638

Title from publisher's bibliographic system (viewed on 26 Feb 2021).

Deference and the international adjudication of private property disputes -- Deference in context - domestic authority and international private property -- Locating deference - the function of deference in legal adjudication -- Structures of deference in international case law -- Conclusive decision-making authority : deference as submission or control -- Suspensive decision-making authority : deference as deferral and abstention -- Concurrent decision-making authority : deference as restraint, reference, and respect -- Deference in different times and contexts -- The systemic implications of deference in international adjudication -- Bringing principles into practice : grappling with deference in international adjudication -- Conclusion: deference as a story of international adjudication.

This book explores how the Permanent Court of International Justice, the International Court of Justice, the European Court of Human Rights, and investment treaty tribunals have used deference to recognise the decision making authority of States. It analyses the approaches to deference taken by these four international courts and tribunals in 1,714 decisions produced between 1924 and 2019 concerning alleged State interferences with private property. The book identifies a large number of techniques capable of achieving deference to domestic decision-making in international adjudication. It groups these techniques to identify seven distinct 'modes' of deference reflecting differently structured relationships between international adjudicators and domestic decision-makers. These differing approaches to deference are shown to hold systemic significance. They reveal the shifting nature and structure of adjudication under international law and its relationship to domestic decision making authority.

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