Judging at the Interface
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Judging at the Interface
Deference to State Decision-Making Authority in International Adjudication
Shirlow, Esme
Cambridge University Press
02/2021
376
Dura
Inglês
9781108490979
15 a 20 dias
680
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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.
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deference; international law; international adjudication; private property; sovereignty; International Court of Justice; Permanent Court of International Justice; European Court of Human Rights; investment arbitration; ISDS
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.
Este título pertence ao(s) assunto(s) indicados(s). Para ver outros títulos clique no assunto desejado.
