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Author: Lukasz Gruszczynski Publisher: Oxford University Press, USA ISBN: 019871694X Category : Law Languages : en Pages : 465
Book Description
International courts use two key methodologies to determine the degree of deference granted to states in their implementation of international obligations: the standard of review and margin of appreciation. This book investigates how these doctrines are applied in international courts, analysing where their approaches converge and diverge.
Author: Lukasz Gruszczynski Publisher: Oxford University Press, USA ISBN: 019871694X Category : Law Languages : en Pages : 465
Book Description
International courts use two key methodologies to determine the degree of deference granted to states in their implementation of international obligations: the standard of review and margin of appreciation. This book investigates how these doctrines are applied in international courts, analysing where their approaches converge and diverge.
Author: Chester Brown Publisher: Oxford University Press on Demand ISBN: 9780199206506 Category : Law Languages : en Pages : 303
Book Description
Brown offers an examination of the jurisprudence of a range of international courts and tribunals relating to issues of procedure and remedies, and assessment whether there are emerging commonalities regarding these issues which could make up a unified law of international adjudication.
Author: Andrew Legg Publisher: OUP Oxford ISBN: 0191632155 Category : Law Languages : en Pages : 272
Book Description
The margin of appreciation is a judicial doctrine whereby international courts allow states to have a measure of diversity in their interpretation of human rights treaty obligations. The doctrine is at the heart of some of the most important international human rights decisions. Does it undermine the universality of human rights? How should judges decide whether to give this margin of appreciation to states? How can lawyers make best use of arguments for or against the margin of appreciation? This book answers these questions, and broadens the discussion on the margin of appreciation by including material beyond the ECHR system. It provides a comprehensive justification of the doctrine, and ALLFSCA14I the key cases affecting the doctrine in practice. Part One provides a systematic defence of the margin of appreciation doctrine in international human rights law. Drawing on the philosophy of practical reasoning the book argues that the margin of appreciation is a doctrine of judicial deference and is a common and appropriate feature of adjudication. The book argues that the margin of appreciation doctrine prevents courts from imposing unhelpful uniformity, whilst allowing decisions to be consistent with the universality of human rights. Part Two considers the key case law of the European Court of Human Rights, the Inter-American Court of Human Rights, and the UN Human Rights Committee, documenting the margin of appreciation in practice. The analysis uniquely takes a broad look at the factors affecting the margin of appreciation. Part Three explores how the margin of appreciation operates in the judicial decision-making process, reconceptualising the proportionality assessment and explaining how the nature of the right and the type of case affect the courts' reasoning.
Author: Yuval Shany Publisher: OUP Oxford ISBN: 9780199211791 Category : Law Languages : en Pages : 256
Book Description
The book seeks to investigate problems relating to the increased interaction between national and international courts, which have resulted in the litigation of the same legal issues before national and international judicial bodies: What is the proper order of the proceedings? Should national and international proceedings take place concurrently? What effect, if any, should be given to decisions of national court in proceedings before an international court and vice versa? In particular, the book advocates the use of judicial comity as a method for mitigating jurisdictional tensions between national and international courts.
Author: Amal Clooney Publisher: Oxford University Press, USA ISBN: 0198808399 Category : Law Languages : en Pages : 1057
Book Description
This book provides a comprehensive explanation of what the right to a fair trial means in practice under international law. Focus on factual scenarios that practitioners may, it brings together sources and cases that define the right to a fair trial in criminal proceedings.
Author: Margaret A. Young Publisher: Cambridge University Press ISBN: 1139504932 Category : Law Languages : en Pages :
Book Description
This major extension of existing scholarship on the fragmentation of international law utilises the concept of 'regimes' from international law and international relations literature to define functional areas such as human rights or trade law. Responding to existing approaches, which focus on the resolution of conflicting norms between regimes, it contains a variety of critical, sociological and doctrinal perspectives on regime interaction. Leading international law scholars and practitioners reflect on how, in situations of diversity and concurrent activity, such interaction shapes and controls knowledge and norms in often hegemonic ways. The contributors draw on topical examples of interacting regimes, including climate, trade and investment regimes, to argue for new methods of regime interaction. Together, the essays combine approaches from international, transnational and comparative constitutional law to provide important insights into an issue that continues to challenge international legal theory and practice.
Author: Theresa Squatrito Publisher: Cambridge University Press ISBN: 1108425690 Category : Law Languages : en Pages : 471
Book Description
Explores the contributions of international courts and tribunals in terms of performance by offering a comparative analysis of international courts.
Author: Yuliya Chernykh Publisher: International Litigation in Press ISBN: 9789004414679 Category : Law Languages : en Pages : 632
Book Description
"As the book clearly explains, there are situations in which questions of contract law need to be examined by investment tribunals - mainly as preliminary or incidental questions, to determine issues such as contract liability or breach of contract, that in turn are assumed as a basis for the issues of investment law in dispute"--
Author: Shane Darcy Publisher: Cambridge University Press ISBN: 1107060699 Category : History Languages : en Pages : 395
Book Description
This book provides expert analysis of the impact of international and national courts on the development of international law applying to armed conflicts.
Author: Lukasz Gruszczynski
Author: Lukasz Gruszczynski
Author: Chester Brown
Author: Andrew Legg
Author: Yuval Shany
Author: Amal Clooney
Author: Margaret A. Young
Author: Theresa Squatrito
Author: Robert Howse
Author: Yuliya Chernykh
Author: Shane Darcy