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Deference in International Courts and Tribunals: Standard of Review and Margin of Appreciation
Lukasz Gruszczynski
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Description for Deference in International Courts and Tribunals: Standard of Review and Margin of Appreciation
Hardcover. 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. Editor(s): Gruszczynski, Lukasz; Werner, Wouter. Num Pages: 464 pages. BIC Classification: JPSN; LBBR; LBHG. Category: (G) General (US: Trade). Dimension: 241 x 161 x 31. Weight in Grams: 842.
International courts and tribunals are often asked to review decisions originally made by domestic decision-makers.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 ... Read more
International courts and tribunals are often asked to review decisions originally made by domestic decision-makers.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 ... Read more
Product Details
Format
Hardback
Publication date
2014
Publisher
Oxford University Press
Condition
New
Number of Pages
464
Place of Publication
Oxford, United Kingdom
ISBN
9780198716945
SKU
V9780198716945
Shipping Time
Usually ships in 15 to 20 working days
Ref
99-16
About Lukasz Gruszczynski
Lukasz Gruszczynski is Assistant Professor of International Law at the Institute of Law Studies of the Polish Academy of Sciences. He is the author of Regulating Health and Environmental Risks Under WTO Law (OUP, 2010). Wouter Werner is Professor of Public International Law at the Free University of Amsterdam. He is a member of the Dutch Advisory Council on ... Read more
Reviews for Deference in International Courts and Tribunals: Standard of Review and Margin of Appreciation
This book contains a diverse collection of essays dealing with the fascinating issue of deference in international courts and tribunals... Gruszczynski and Werner's book provides a welcome and commendable contribution to the issue of judicial deference in international law generally, i.e. beyond the familiar fields of human rights and trade law.
Andrew Legg, The Journal of World Investment & ... Read more
Andrew Legg, The Journal of World Investment & ... Read more