Jump to ContentJump to Main Navigation
Deference in International Courts and TribunalsStandard of Review and Margin of Appreciation$
Users without a subscription are not able to see the full content.

Lukasz Gruszczynski and Wouter Werner

Print publication date: 2014

Print ISBN-13: 9780198716945

Published to Oxford Scholarship Online: November 2014

DOI: 10.1093/acprof:oso/9780198716945.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see www.oxfordscholarship.com/page/privacy-policy).date: 22 July 2019

Introduction

Introduction

Chapter:
(p.1) 1 Introduction
Source:
Deference in International Courts and Tribunals
Author(s):
Lukasz Gruszczynski, Wouter Werner
Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198716945.003.0001

The chapter introduces the concepts of standard of review and margin of appreciation. It identifies them as methodological devices used by courts to determine the degree of deference that is granted to States in their implementation of international obligations. It also recognizes that while the margin of appreciation explicitly acknowledges the existence of such deference, standard of review is simply a procedural mechanism that in and of itself does not mandate any specific level of deference. The chapter explains methodological approach taken by the volume, highlighting plurality of theoretical approaches used in individual chapters. It also offers some general conclusions concerning the relevance of the concept of standard of review/margin of appreciation in the jurisprudence of specific courts (and the mode of its application) as well as extent of scrutiny and reasons for deference granted by those courts to States.

Keywords:   standard of review, margin of appreciation, deference, international courts, standard of proof, legitimacy, functional fragmentation, international law

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .