Judging at the Interface: Deference to State Decision-Making Authority in International Adjudication

Shirlow, Esm?

ISBN 10: 1108490972 / ISBN 13: 9781108490979

Published by Cambridge University Press, 2021

About this Item

Seller Inventory # V9781108490979

Bibliographic Details

• Title: Judging at the Interface: Deference to State Decision-Making Authority in International Adjudication
• Publisher: Cambridge University Press
• Publication Date: 2021
• Language: English
• ISBN 10: 1108490972
• ISBN 13: 9781108490979
• Binding: Hardcover
• Condition: New

About this title

Synopsis

This book explores how the Permanent Court of International Justice, the International Court of Justice, the European Court of Human Rights, and investment treaty tribunals have used deference to recognise the decision making authority of States. It analyses the approaches to deference taken by these four international courts and tribunals in 1,714 decisions produced between 1924 and 2019 concerning alleged State interferences with private property. The book identifies a large number of techniques capable of achieving deference to domestic decision-making in international adjudication. It groups these techniques to identify seven distinct 'modes' of deference reflecting differently structured relationships between international adjudicators and domestic decision-makers. These differing approaches to deference are shown to hold systemic significance. They reveal the shifting nature and structure of adjudication under international law and its relationship to domestic decision making authority.

About the Author

Esmé Shirlow is an Associate Professor at the Australian National University (ANU). She has served as an assistant to a number of investment treaty tribunals, and advises parties to investment treaty claims and in proceedings before the International Court of Justice. Prior to joining the ANU, she worked in the Australian Government's Office of International Law. Dr. Shirlow completed her PhD as a Dickson Poon Scholar at King's College London, for which she was awarded the King's Elsevier Outstanding PhD Thesis Prize. She completed her LL.M. at the University of Cambridge, where she was awarded – among other prizes – the BRD Clarke Prize for Best Overall Performance in the LL.M., the Clive Parry Prize for Best Result in International Law, and the Whewell Scholarship in International Law.