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Author:   Lukasz Gruszczynski (Assistant Professor of International Law, Assistant Professor of International Law, Institute of Law Studies of the Polish Academy of Sciences) ,  Wouter Werner (Professor of Public International Law, Professor of Public International Law, Free University of Amsterdam)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Dimensions:   Width: 16.20cm , Height: 3.20cm , Length: 24.00cm
Weight:   0.836kg
ISBN:  

9780198716945

ISBN 10:   019871694
Pages:   464
Publication Date:   09 October 2014
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   To order  
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Table of Contents

1: Lukasz Gruszczynski and Wouter Werner: Introduction Part I: General issues/comparative perspectives 2: Ernst-Ulrich Petersmann: Judicial standards of review and administration of justice in trade and investment law and adjudication 3: Ilona Cheyne: Deference and the use of the public policy exception in international courts 4: Benedikt Pirker: Democracy and distrust in international law: The procedural democracy doctrine and the standard of review used by international courts and tribunals 5: Andrei Mamolea: Good faith review Part II: International investment law and WTO law 6: Michael Ioannidis: Beyond the standard of review: Deference criteria in WTO law and the case for procedural approach 7: Caroline Henckels: The role of the standard of review and the importance of deference in investor-state arbitration 8: Erlend Leonhardsen: Treaty change, arbitral practice and the search for a balance: Standards of review and the margin of appreciation in international investment law 9: Valentina Vadi and Lukasz Gruszczynski: Standard of review and scientific evidence in WTO law and international investment arbitration: Converging parallels? Part III: European Union law 10: Pieter Van Cleynenbreugel: National procedural choices before the Court of Justice of the European Union 11: Patrycja Dabrowska-Klosinska: Risk, precaution and scientific complexity before the Court of Justice of the European Union 12: Alexia Herwig & Asja Serdarevic: Standard of review for necessity and proportionality analysis in EU and WTO law: Why differences in standards of review are legitimate? Part IV: International human rights law 13: Mónika Ambrus: 1. The European Court of Human Rights and standards of proof: An evidential approach toward the margin of appreciation 14: Uladzislau Belavusau: Experts in hate speech cases: Towards a higher standard of proof in Strasbourg? 15: Veronika Bílková: The standard of equivalent protection as a standard of review 16: Bernard Duhaime: Subsidiarity in the Americas: what room is there for deference in the Inter-American System? Part V: Other international courts 17: Chiara Ragni: Standard of review and the margin of appreciation before the International Court of Justice 18: Rosemary Rayfuse: Standard of review and the International Tribunal on the Law of the Sea 19: Karolina Wierczynska: Deference in the International Criminal Court practice concerning admissibility challenges lodged by States 20: Diane Bernard: Beyond hierarchy: Standards of review and complementarity of the International Criminal Court

Reviews

This book... has a comprehensive scope and, to a great extent, offers a good overview of the varying jurisprudence regarding the degree of scrutiny applied by international courts when reviewing States actions... Indeed, this excellent book provides insightful perspectives on how different international courts proceed to exercise their adjudicating power using standard of review and/or margin of appreciation as instruments for either judicial self-restraint or judicial activism... the book does an excellent job in showing the diversity of approaches adopted by different international courts. Maria Alcover, World Trade Review

This book contains a diverse collection of essays dealing with the fascinating issue of deference in international courts and tribunals... Gruszczynski and Werner's book provides a welcome and commendable contribution to the issue of judicial deference in international law generally, i.e. beyond the familiar fields of human rights and trade law. * Andrew Legg, The Journal of World Investment & Trade * ...Those with some knowledge of the WTO, EU, ECHR and investment legal regimes are in for a real treat, and will find here a veritable banquet of food for thought...The editors are to praise for taming, to the extent practicable, an intractable topic. * Filippo Fontanelli, EJRR * This book is a welcome first foray into the study of the concept of judicial deference by tribunals to states and other bodies in disparate fields of international law. Providing inspiration for further research is one of the books achievements. Gruszczynski and Werner's book provides a welcome and commendable contribution to the issue of judicial deference in international law generally, i.e. beyond the familiar fields of human rights and trade law. * Andrew Legg, Essex Court Chambers London, The Journal of World Investment & Trade * This book... has a comprehensive scope and, to a great extent, offers a good overview of the varying jurisprudence regarding the degree of scrutiny applied by international courts when reviewing States actions... Indeed, this excellent book provides insightful perspectives on how different international courts proceed to exercise their adjudicating power using standard of review and/or margin of appreciation as instruments for either judicial self-restraint or judicial activism... the book does an excellent job in showing the diversity of approaches adopted by different international courts. * Maria Alcover, World Trade Review *

This book is a welcome first foray into the study of the concept of judicial deference by tribunals to states and other bodies in disparate fields of international law. Providing inspiration for further research is one of the books achievements. Gruszczynski and Werners book provides a welcome and commendable contribution to the issue of judicial deference in international law generally, i.e. beyond the familiar fields of human rights and trade law. Andrew Legg, Essex Court Chambers London, The Journal of World Investment & Trade This book... has a comprehensive scope and, to a great extent, offers a good overview of the varying jurisprudence regarding the degree of scrutiny applied by international courts when reviewing States actions... Indeed, this excellent book provides insightful perspectives on how different international courts proceed to exercise their adjudicating power using standard of review and/or margin of appreciation as instruments for either judicial self-restraint or judicial activism... the book does an excellent job in showing the diversity of approaches adopted by different international courts. Maria Alcover, World Trade Review

Author Information

Lukasz Gruszczynski is Assistant Professor of International Law at the Institute of Law Studies of the Polish Academy of Sciences. He is the author of Regulating Health and Environmental Risks Under WTO Law (OUP, 2010). Wouter Werner is Professor of Public International Law at the Free University of Amsterdam. He is a member of the Dutch Advisory Council on Public International Law, and is an editor of the Leiden Journal of International Law and the Netherlands Yearbook of International Law.

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