首页 >
法律 >
其他 >
Judicial Deference in International Courts: A Comparative Analysis

Judicial Deference in International Courts: A Comparative Analysis

作者： Johannes Hendrik Fahner
出版商： Hart Publishing
ISBN: 9781509932283
出版时间 September 2020
规格： Hardback , 312 pages
适应领域： U.K. ? 免责申明：
Countri(es) stated herein are used as reference only

List Price: ￥1,162.50

￥1,127.63 Save ￥34.88 (3%)

或

下载订单表

加入收藏
| 加入比较

描述
大纲

详细

International courts and tribunals are increasingly asked to pass judgment on matters that are traditionally considered to fall within the domestic jurisdiction of States. Especially in the fields of human rights, investment, and trade law, international adjudicators commonly evaluate decisions of national authorities that have been made in the course of democratic procedures and public deliberation. A controversial question is whether international adjudicators should review such decisions de novo or show deference to domestic authorities. This book investigates how various international courts and tribunals have responded to this question. In addition to a comparative analysis, the book provides a normative argument, discussing whether different forms of deference are justified in international adjudication. It proposes a distinction between epistemic deference, which is based on the superior capacity of domestic authorities to make factual and technical assessments, and constitutional deference, which is based on the democratic legitimacy of domestic decision-making. The book concludes that epistemic deference is a prudent acknowledgement of the limited expertise of international adjudicators, whereas the case for constitutional deference depends on the relative power of the reviewing court vis-à-vis the domestic legal order.
1. Introduction
I. Deference in International Adjudication
II. The Concept of Deference
A. Defining Deference
B. Deference in the Domestic Context
C. Deference in the International Context
III. Approach: A Comparative Analysis of Deference
2. Judicial Deference in International Practice
I. Introduction
II. The International Court of Justice
III. The European Court of Human Rights
A. Development of the Margin of Appreciation
B. Conceptual Analysis of the Margin of Appreciation
C. Justifications for the Margin of Appreciation
D. Deference to Domestic Courts Beyond the Margin of Appreciation
E. Conclusions on the European Court of Human Rights
IV. The Inter-American Court of Human Rights
V. The African Court on Human and Peoples' Rights
VI. The World Trade Organization
A. Article 11 of the Dispute Settlement Understanding
B. Article 17.6 of the Anti-dumping Agreement
C. Conclusions on the WTO
VII. Investor-State Arbitration Tribunals
A. Approaches in Favour of (Some) Deference
B. Approaches Critical of Deference
C. Conclusions on Investment Arbitration
VIII. The International Tribunal for the Law of the Sea
IX. Conclusions
3. A Comparative Analysis of Deference in International Practice
I. Introduction
II. The Scope of Deference
A. Deference in the Context of Specific Assessments
i. Assessments of Facts
ii. Technical Assessments
iii. Interpretation and Application of Domestic Law
iv. Public Policy Choices
v. Treaty Interpretation
B. Deference Towards Specific Domestic Actors
i. Domestic Parliaments
ii. Domestic Administrative Agencies
iii. Domestic Courts
C. Deference in the Context of Specific Norms
i. Indeterminate Standards
ii. Self-Judging Clauses
D. Conclusions on the Scope of Deference
III. The Depth of Deference
A. From Treaty Standard to Standard of Review
B. The Margin of Appreciation
C. Reasonableness
D. Good Faith
E. Proportionality
F. Procedural Review
G. Overlapping Standards of Review
IV. Conclusions
4. A Normative Assessment of Deference in International Adjudication
I. Introduction
II. Epistemic Deference
III. Constitutional Deference
A. Introduction
B. Arguments in Favour of Constitutional Deference: The Domestic Parallel
i. The Domestic Court Analogy
ii. The Democratic Argument
C. Arguments in Favour of Constitutional Deference: The International Dimension
i. State Sovereignty
ii. Subsidiarity
D. Arguments against Constitutional Deference
i. Deference as an Abdication of the Judicial Task
ii. Procedural Fairness
iii. Universalism and Uniformity
E. Taking Stock: A Purposeful Rejection of Constitutional Deference
i. The Separation of Powers and the Perks of Sovereignty
ii. The Purpose of International Courts and Tribunals
iii. The Ambiguities of Deference and the Alternative of Restrictive Interpretation
IV. Conclusions
5. Final Conclusions

你可能需要


The Hong Kong Company Secretary's Handbook: Practice and Procedure (11th Edition): List Price: ￥497.55

￥482.62 Save ￥14.93 (3%)


Hong Kong Tax & Accounting Practical Toolkit (Basic Package): ￥3,161.07


Hong Kong Company Secretary Checklist, 2nd Edition: List Price: ￥1,283.40

￥1,244.90 Save ￥38.50 (3%)


Law of Companies in Hong Kong, 4th Edition (Hardcopy + e-Book): List Price: ￥3,255.00

￥3,157.35 Save ￥97.65 (3%)


Butterworths Hong Kong Discrimination Law Handbook, 4th Edition: List Price: ￥1,395.00

￥1,353.15 Save ￥41.85 (3%)


Sentencing in Hong Kong, 11th Edition: List Price: ￥3,329.40

￥3,229.52 Save ￥99.88 (3%)


Butterworths Hong Kong Company Law (Winding-Up and Miscellaneous Provisions) Handbook, 6th Edition: List Price: ￥2,120.40

￥2,056.79 Save ￥63.61 (3%)


Butterworths Hong Kong Company Law Handbook, 26th Edition: List Price: ￥4,092.00

￥3,969.24 Save ￥122.76 (3%)


Cross-Border Crime in Hong Kong: Extradition, Mutual Assistance & Financial Sanctions, 3rd Edition: List Price: ￥1,934.40

￥1,876.37 Save ￥58.03 (3%)


Clough & Clough on Personal Injuries: List Price: ￥1,395.00

￥1,353.15 Save ￥41.85 (3%)


Hong Kong Personal Insolvency Manual, 3rd Edition: List Price: ￥1,860.00

￥1,804.20 Save ￥55.80 (3%)


Butterworths Hong Kong Conveyancing and Property Law Handbook, 6th Edition: List Price: ￥1,674.00

￥1,623.78 Save ￥50.22 (3%)


A Practical Guide to Resolving Shareholder Disputes, 2nd Edition: List Price: ￥1,674.00

￥1,623.78 Save ￥50.22 (3%)


Tort Law in Hong Kong, 5th Edition (Hardcopy + ebook): List Price: ￥2,325.00

￥2,255.25 Save ￥69.75 (3%)


Company Law in Hong Kong: Practice and Procedure 2023 (Hardcopy + e-Book): List Price: ￥2,974.14

￥2,884.92 Save ￥89.22 (3%)


Company Law in Hong Kong: Insolvency 2023 (Hardcopy + e-Book): List Price: ￥2,643.99

￥2,564.67 Save ￥79.32 (3%)


Hong Kong Company Law, 15th Edition: List Price: ￥457.56

￥443.83 Save ￥13.73 (3%)


Private Equity in Hong Kong and China, 4th Edition: List Price: ￥1,860.00

￥1,804.20 Save ￥55.80 (3%)


Hong Kong Family Court Practice, 4th Edition: List Price: ￥2,511.00

￥2,435.67 Save ￥75.33 (3%)


Brooke's Notary Hong Kong, 3rd Edition: List Price: ￥1,581.00

￥1,533.57 Save ￥47.43 (3%)

“

Ordering from Professional Bookshop is fantastic, quick delivery great products, great customer service Siti L.
This is a great bookstore and have had no problems with them and all my orders have come on time and in good condition. Yang X.
Everything is perfect. Fast delivery. I highly recommend this website to all my friends and colleagues. Thanks Hoi Man L.
So thankful I am receiving all my books, thank you to all for a great service and excellent products Clinton K.
Professional Bookshop is amazing! I've been a loyal customer for over 5 years. Returns are easy to request, book or delivery complaints are taken seriously and the customer service team is friendly and patient. Mick D.
I wanted to informed you that the customer service is excellent. They were so polite and nice. I would continue to buy books from Professional Bookshop. Jingsong C.
Fast and quick service. Easy transaction method, arrived sooner than expected. Excellent packaging and the books received are in perfect condition! Thank you very much! I love the book and its quality. Saori B.
I can order any accounting books from worldwide from Professional Bookshop. Love this website and save my time to search from internet. Lingxiao R.
It is just so easy to find what you are always looking for and sometimes you can even find it up to 80% off what you would in the normal store. Graeme R.
I love shopping on Professional Bookshop! They have a wide range of accounting book with competent prices. Free shipping in Hong Kong is also really handy! Fergus Y.
Professional Bookshop is a great bookstore, I must say. Buying books in Professional Bookshop is so easy, great and reliable. It is highly recommendable. Deborah D.
A great site to shop accounting books and everything and with discountable prices. It’s my first choice whenever i want to shop something. Most trusted site. Zeng Z.
I found the books I needed and at a very low price. I am very happy and will definitely use it in the future Brian W.
I have been using Professional Bookshop for a while now. I am very impressed with customer service and delivery. When I need to have a return it is done very diligently. Olivia L.
Professional Bookshop is my default go to for finding the best prices and reading details of law books before buying. Detailed book description is very helpful. Tracy W.
I've been using Professional Bookshop since 2011 and they actually great, I always received great service and my book arrives on time. Lisa C.

所有书籍

Judicial Deference in International Courts: A Comparative Analysis

Free delivery Hong Kong?

详细

你可能需要

What Our Customers Say?

所有书籍

Judicial Deference in International Courts: A Comparative Analysis

Free delivery Hong Kong?

详细

你可能需要

What Our Customers Say?

video title