Judging at the interface : deference to state decision-making authority in international adjudication / Esmé Shirlow.
2021
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Author
Title
Judging at the interface : deference to state decision-making authority in international adjudication / Esmé Shirlow.
Imprint
Cambridge : Cambridge University Press, 2021.
Description
1 online resource (xlii, 338 pages) : digital, PDF file(s)
Formatted Contents Note
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.
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.
Note
Title from publisher's bibliographic system (viewed on 26 Feb 2021).
Location
www
Available in Other Form
Print version:
Linked Resources
Alternate Title
Cambridge Books Online.
Language
English
ISBN
9781108867108 (ebook)
9781108490979 (hardback)
9781108792035 (paperback)
9781108490979 (hardback)
9781108792035 (paperback)
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