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Deference in International Courts and Tribunals - Standard of Review and Margin of Appreciation | Oxford Scholarship Online
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Deference in International Courts and Tribunals: Standard of Review and Margin of Appreciation

Lukasz Gruszczynski and Wouter Werner

Abstract

Rights and obligations of States are determined by rules of international law. Indirectly, however, they may be also controlled by specific legal methodologies used by international courts and tribunals when adjudicating matters involving States’ measures and actions—both standard of review and margin of appreciation are examples of such methodological devices. Courts use them as tools to determine the degree of deference that is granted to States in their implementation of international legal obligations. The applicable standard of review/margin of appreciation is rarely articulated in the pr ... More

Keywords: standard of review, margin of appreciation, deference, international courts, international adjudication

Bibliographic Information

Print publication date: 2014 Print ISBN-13: 9780198716945
Published to Oxford Scholarship Online: November 2014 DOI:10.1093/acprof:oso/9780198716945.001.0001

Authors

Affiliations are at time of print publication.

Lukasz Gruszczynski, editor
Assistant Professor of International Law, Institute of Law Studies of the Polish Academy of Sciences

Wouter Werner, editor
Professor of Public International Law, Free University of Amsterdam

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Contents

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1 Introduction

Lukasz Gruszczynski and Wouter Werner

Part I General Issues/Comparative Perspectives

5 Good Faith Review

Andrei Mamolea

Part II International Investment Law and WTO Law

Part III European Union Law

Part IV International Human Rights Law

14 Experts in Hate Speech Cases

Uladzislau Belavusau*

Part V Other International Courts

20 Beyond Hierarchy

Diane Bernard

End Matter