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Books > Law > Jurisprudence & general issues > Comparative law
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Judicial Deference in International Adjudication - A Comparative Analysis (Paperback)
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Judicial Deference in International Adjudication - A Comparative Analysis (Paperback)
Series: Studies in International Law
Expected to ship within 10 - 15 working days
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International courts and tribunals are increasingly asked to pass
judgment on matters that are traditionally considered to fall
within the domestic jurisdiction of States. Especially in the
fields of human rights, investment, and trade law, international
adjudicators commonly evaluate decisions of national authorities
that have been made in the course of democratic procedures and
public deliberation. A controversial question is whether
international adjudicators should review such decisions de novo or
show deference to domestic authorities. This book investigates how
various international courts and tribunals have responded to this
question. In addition to a comparative analysis, the book provides
a normative argument, discussing whether different forms of
deference are justified in international adjudication. It proposes
a distinction between epistemic deference, which is based on the
superior capacity of domestic authorities to make factual and
technical assessments, and constitutional deference, which is based
on the democratic legitimacy of domestic decision-making. The book
concludes that epistemic deference is a prudent acknowledgement of
the limited expertise of international adjudicators, whereas the
case for constitutional deference depends on the relative power of
the reviewing court vis-a-vis the domestic legal order.
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