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

Format:

Book

Author/Creator:

Shirlow, Esmé, author.

Language:

English

Subjects (All):

Arbitration (International law).

Judicial process.

Deference (Law).

Jurisdiction (International law).

Judicial review.

Physical Description:

1 online resource (xlii, 338 pages) : digital, PDF file(s).

Place of Publication:

Cambridge : Cambridge University Press, 2021.

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.

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.

Notes:

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

ISBN:

1-108-85302-1

1-108-85680-2

1-108-86710-3