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Deference in International Courts and TribunalsStandard of Review and Margin of Appreciation$
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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

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Judicial Standards of Review and Administration of Justice in Trade and Investment Law and Adjudication

Judicial Standards of Review and Administration of Justice in Trade and Investment Law and Adjudication

Chapter:
(p.19) 2 Judicial Standards of Review and Administration of Justice in Trade and Investment Law and Adjudication
Source:
Deference in International Courts and Tribunals
Author(s):

Ernst-Ulrich Petersmann

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198716945.003.0002

Chapter 2 analyses the inherent powers of international courts, as recognized in the customary law requirements of interpreting international treaties and settling related disputes in conformity with the principles of justice and international law. It argues that multilevel trade and investment adjudication lacks a coherent ‘constitutional justification’ and often neglects the ‘cosmopolitan functions’ of modern economic law and adjudication. In this context, it proposes a more coherent ‘judicial methodology’ in order to protect human rights, principles of justice, ‘judicial comity’ and the transnational rule of law for the benefit of citizens, thus setting the limits for both the scope of judicial review and the deference that is awarded to States by international tribunals. By acknowledging the ‘dual nature’ of modern legal systems and protecting the ‘object and purpose’ of economic rules economic adjudication can become more legitimate and coherent.

Keywords:   access to justice, constitutionalism, ICSID, judicial comity, judicial remedies, jus novit curiae, standard of review, rule of law, VCLT, WTO law

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