Deference in International Courts and Tribunals PDF Download

Author: Lukasz Gruszczynski
Publisher: Oxford University Press, USA
ISBN: 019871694X
Category : Law
Languages : en
Pages : 465

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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

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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: Johannes Hendrik Fahner
Publisher: Bloomsbury Publishing
ISBN: 1509932291
Category : Law
Languages : en
Pages : 335

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Book Description
International courts and tribunals are increasingly asked to pass judgment on matters that are traditionally considered to fall within the domestic jurisdiction of States. Especially in the fields of human rights, investment, and trade law, international adjudicators commonly evaluate decisions of national authorities that have been made in the course of democratic procedures and public deliberation. A controversial question is whether international adjudicators should review such decisions de novo or show deference to domestic authorities. This book investigates how various international courts and tribunals have responded to this question. In addition to a comparative analysis, the book provides a normative argument, discussing whether different forms of deference are justified in international adjudication. It proposes a distinction between epistemic deference, which is based on the superior capacity of domestic authorities to make factual and technical assessments, and constitutional deference, which is based on the democratic legitimacy of domestic decision-making. The book concludes that epistemic deference is a prudent acknowledgement of the limited expertise of international adjudicators, whereas the case for constitutional deference depends on the relative power of the reviewing court vis-à-vis the domestic legal order.

Author: Andrew Legg
Publisher: OUP Oxford
ISBN: 0191632155
Category : Law
Languages : en
Pages : 272

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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: Carsten Stahn
Publisher: Oxford University Press, USA
ISBN: 0198705166
Category : Law
Languages : en
Pages : 1441

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Book Description
The International Criminal Court has significantly grown in importance and impact over the decade of its existence. This book assesses its impact, providing a comprehensive overview of its practice. It shows how the Court has contributed to major developments in international criminal law, and identifies the ways in which it is in need of reform.

Author: Amal Clooney
Publisher: Oxford University Press, USA
ISBN: 0198808399
Category : Law
Languages : en
Pages : 1057

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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: Yuval Shany
Publisher: OUP Oxford
ISBN: 9780199211791
Category : Law
Languages : en
Pages : 256

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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: Margaret A. Young
Publisher: Cambridge University Press
ISBN: 1139504932
Category : Law
Languages : en
Pages :

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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

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Book Description
Explores the contributions of international courts and tribunals in terms of performance by offering a comparative analysis of international courts.

Author: Farid Ahmadov
Publisher: BRILL
ISBN: 9004380981
Category : Law
Languages : en
Pages : 246

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Book Description
Actio Popularis before International Courts and Tribunals examines actio popularis in the context of the symbiotic relationship between procedural and substantive normativity in international law. Actio popularis is an important procedural tool devised to address the challenges posed by the relativization of substantive normativity and recognition of norms established to protect collective interests in international law. Farid Ahmadov’s analysis underlines the ineffectiveness of bipolar litigation in enforcement of collective obligations in international law and the importance of introducing new procedural mechanisms to address the challenges posed by the transition from bilateralist to multilateralist normativity. The volume highlights the subtle link between interpretation of standing rules and the ways in which judicial policy concerns inform decisions of international courts and tribunals on admissibility of actio popularis.