Judging at the Interface: Deference to State Decision-Making Authority in International Adjudication
Cambridge University Press, 2/18/2021
EAN 9781108490979, ISBN10: 1108490972
Hardcover, 376 pages, 22.9 x 15.2 x 2.2 cm
Language: English
Originally published in English
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.
Preface
Introduction
deference and the international adjudication of private property disputes
Part I. Conceptual Framework and Methodological Approach
1. Defining deference – the connection between deference and authority
2. Deference in context – domestic authority and international private property claims
3. Locating deference – the function of deference in legal adjudication
Part II. Deference in the International Adjudication of Private Property Disputes
4. Structures of deference in international case law
5. Conclusive decision-making authority
deference as submission or control
6. Suspensive decision-making authority
deference as deferral and abstention
7. Concurrent decision-making authority
deference as restraint, reference, and respect
Part III. The Systemic Role of Deference in International Law
8. Deference in different times and contexts
9. The systemic implications of deference in international adjudication
10. Bringing principles into practice
grappling with deference in international adjudication
Conclusion
deference as a story of international adjudication
Appendix
data tables
References
Index.