Coverart for item
The Resource Deference in international courts and tribunals : standard of review and margin of appreciation, edited by Lukasz Gruszczynski, Wouter Werner

Deference in international courts and tribunals : standard of review and margin of appreciation, edited by Lukasz Gruszczynski, Wouter Werner

Label
Deference in international courts and tribunals : standard of review and margin of appreciation
Title
Deference in international courts and tribunals
Title remainder
standard of review and margin of appreciation
Statement of responsibility
edited by Lukasz Gruszczynski, Wouter Werner
Creator
Contributor
Editor
Subject
Language
eng
Summary
International courts and tribunals are often asked to review decisions originally made by domestic decision-makers. This can often be a source of tension, as the international courts and tribunals need to judge how far to defer to the original decisions of the national bodies. As international courts and tribunals have proliferated, different courts have applied differing levels of deference to those originial decisions, which can lead to a fragmentation in international law. International courts in such positions rely on two key doctrines: the standard of review and the margin of appreciation. The standard of review establishes the extent to which national decisions relating to factual, legal, or political issues arising in the case are re-examined in the international court. The margin of appreciation is the extent to which national legislative, executive, and judicial decision-makers are allowed to reflect diversity in their interpretation of human rights obligations. The book begins by providing an overview of the margin of appreciation and standard of review, recognising that while the margin of appreciation explicitly acknowledges the existence of such deference, the standard of review does not: it is rather a procedural mechanism. It looks in-depth at how the public policy exception has been assessed by the European Court of Justice and the WTO dispute settlement bodies. It examines how the European Court of Human Rights has taken an evidence-based approach towards the margin of appreciation, as well as how it has addressed issues of hate speech. The Inter-American system is also investigated, and it is established how far deference is possible within that legal organisation. Finally, the book studies how a range of other international courts, such as the International Criminal Court, and the Law of the Sea Tribunal, have approached these two core doctrines.--
Assigning source
Provided by Publisher
Cataloging source
UKMGB
http://library.link/vocab/creatorName
Gruszczynski, Lukasz
Dewey number
341.1
Index
no index present
Literary form
non fiction
http://library.link/vocab/relatedWorkOrContributorDate
1966-
http://library.link/vocab/relatedWorkOrContributorName
Werner, W. G.
http://library.link/vocab/subjectName
  • International courts
  • International law
Label
Deference in international courts and tribunals : standard of review and margin of appreciation, edited by Lukasz Gruszczynski, Wouter Werner
Link
https://opac.eui.eu/client/en_GB/default/search/detailnonmodal/ent:$002f$002fSD_ILS$002f0$002fSD_ILS:390322/one
Instantiates
Publication
Carrier category
volume
Carrier MARC source
rdacarrier.
Content category
text
Content type MARC source
rdacontent.
Contents
1: Lukasz Gruszczynski and Wouter Werner: Introduction Part I: General issues/comparative perspectives 2: Ernst-Ulrich Petersmann: Judicial standards of review and administration of justice in trade and investment law and adjudication 3: Ilona Cheyne: Deference and the use of the public policy exception in international courts 4: Benedikt Pirker: Democracy and distrust in international law: The procedural democracy doctrine and the standard of review used by international courts and tribunals 5: Andrei Mamolea: Good faith review Part II: International investment law and WTO law 6: Michael Ioannidis: Beyond the standard of review: Deference criteria in WTO law and the case for procedural approach 7: Caroline Henckels: The role of the standard of review and the importance of deference in investor-state arbitration 8: Erlend Leonhardsen: Treaty change, arbitral practice and the search for a balance: Standards of review and the margin of appreciation in international investment law 9: Valentina Vadi and Lukasz Gruszczynski: Standard of review and scientific evidence in WTO law and international investment arbitration: Converging parallels? Part III: European Union law 10: Pieter Van Cleynenbreugel: National procedural choices before the Court of Justice of the European Union 11: Patrycja Dabrowska-Klosinska: Risk, precaution and scientific complexity before the Court of Justice of the European Union 12: Alexia Herwig & Asja Serdarevic: Standard of review for necessity and proportionality analysis in EU and WTO law: Why differences in standards of review are legitimate? Part IV: International human rights law 13: Mónika Ambrus: 1. The European Court of Human Rights and standards of proof: An evidential approach toward the margin of appreciation 14: Uladzislau Belavusau: Experts in hate speech cases: Towards a higher standard of proof in Strasbourg? 15: Veronika Bílková: The standard of equivalent protection as a standard of review 16: Bernard Duhaime: Subsidiarity in the Americas: what room is there for deference in the Inter-American System? Part V: Other international courts 17: Chiara Ragni: Standard of review and the margin of appreciation before the International Court of Justice 18: Rosemary Rayfuse: Standard of review and the International Tribunal on the Law of the Sea 19: Karolina Wierczynska: Deference in the International Criminal Court practice concerning admissibility challenges lodged by States 20: Diane Bernard: Beyond hierarchy: Standards of review and complementarity of the International Criminal Court
Control code
FIEb17591144
Dimensions
24 cm.
Extent
xxxviii, 424 pages
Isbn
9780198716945
Media category
unmediated
Media MARC source
rdamedia.
System control number
(OCoLC)880192809
Label
Deference in international courts and tribunals : standard of review and margin of appreciation, edited by Lukasz Gruszczynski, Wouter Werner
Link
https://opac.eui.eu/client/en_GB/default/search/detailnonmodal/ent:$002f$002fSD_ILS$002f0$002fSD_ILS:390322/one
Publication
Carrier category
volume
Carrier MARC source
rdacarrier.
Content category
text
Content type MARC source
rdacontent.
Contents
1: Lukasz Gruszczynski and Wouter Werner: Introduction Part I: General issues/comparative perspectives 2: Ernst-Ulrich Petersmann: Judicial standards of review and administration of justice in trade and investment law and adjudication 3: Ilona Cheyne: Deference and the use of the public policy exception in international courts 4: Benedikt Pirker: Democracy and distrust in international law: The procedural democracy doctrine and the standard of review used by international courts and tribunals 5: Andrei Mamolea: Good faith review Part II: International investment law and WTO law 6: Michael Ioannidis: Beyond the standard of review: Deference criteria in WTO law and the case for procedural approach 7: Caroline Henckels: The role of the standard of review and the importance of deference in investor-state arbitration 8: Erlend Leonhardsen: Treaty change, arbitral practice and the search for a balance: Standards of review and the margin of appreciation in international investment law 9: Valentina Vadi and Lukasz Gruszczynski: Standard of review and scientific evidence in WTO law and international investment arbitration: Converging parallels? Part III: European Union law 10: Pieter Van Cleynenbreugel: National procedural choices before the Court of Justice of the European Union 11: Patrycja Dabrowska-Klosinska: Risk, precaution and scientific complexity before the Court of Justice of the European Union 12: Alexia Herwig & Asja Serdarevic: Standard of review for necessity and proportionality analysis in EU and WTO law: Why differences in standards of review are legitimate? Part IV: International human rights law 13: Mónika Ambrus: 1. The European Court of Human Rights and standards of proof: An evidential approach toward the margin of appreciation 14: Uladzislau Belavusau: Experts in hate speech cases: Towards a higher standard of proof in Strasbourg? 15: Veronika Bílková: The standard of equivalent protection as a standard of review 16: Bernard Duhaime: Subsidiarity in the Americas: what room is there for deference in the Inter-American System? Part V: Other international courts 17: Chiara Ragni: Standard of review and the margin of appreciation before the International Court of Justice 18: Rosemary Rayfuse: Standard of review and the International Tribunal on the Law of the Sea 19: Karolina Wierczynska: Deference in the International Criminal Court practice concerning admissibility challenges lodged by States 20: Diane Bernard: Beyond hierarchy: Standards of review and complementarity of the International Criminal Court
Control code
FIEb17591144
Dimensions
24 cm.
Extent
xxxviii, 424 pages
Isbn
9780198716945
Media category
unmediated
Media MARC source
rdamedia.
System control number
(OCoLC)880192809

Library Locations

    • Badia FiesolanaBorrow it
      Via dei Roccettini 9, San Domenico di Fiesole, 50014, IT
      43.803074 11.283055
Processing Feedback ...