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.
General
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