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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.
Launched in 1965, the Australian Year Book of International Law
(AYBIL) is Australia's longest standing and most prestigious
dedicated international law publication. The Year Book aims to
uniquely combine scholarly commentary with contributions from
Australian government officials. Each volume contains a mix of
scholarly articles, invited lectures, book reviews, notes of
decisions by Australian and international courts, recent
legislation, and collected Australian international law state
practice. It is a valuable resource for those working in the field
of international law, including government officials, international
organisation officials, non-government and community organisations,
legal practitioners, academics and other researchers, as well as
students studying international law, international relations, human
rights and international affairs. It focuses on Australian practice
in international law and general international law, across a broad
range of sub-fields including human rights, environmental law and
legal theory, which are of interest to international lawyers
worldwide. This special issue of the Australian Year Book of
International Law is a collection of essays providing commentary on
how international law relates to the different dimensions of
situations unfolding around us. Written during school shut-downs,
campus closure, border restrictions, rising global infection rates
and ongoing uncertainty as to what would happen next, they are also
valuable reflections in a time of great crisis: fitting perhaps for
a discipline famously critiqued by Hilary Charlesworth as one of
crisis, rather than situated in the everyday. At root, this
collection go some way in analysing and answering the question of
how, exactly, COVID-19 will impact on international law more
generally.
Launched in 1965, the Australian Year Book of International Law
(AYBIL) is Australia's longest standing and most prestigious
dedicated international law publication. The Year Book aims to
uniquely combine scholarly commentary with contributions from
Australian government officials. Each volume contains a mix of
scholarly articles, invited lectures, book reviews, notes of
decisions by Australian and international courts, recent
legislation, and collected Australian international law state
practice. It is a valuable resource for those working in the field
of international law, including government officials, international
organisation officials, non-government and community organisations,
legal practitioners, academics and other researchers, as well as
students studying international law, international relations, human
rights and international affairs. It focuses on Australian practice
in international law and general international law, across a broad
range of sub-fields including human rights, environmental law and
legal theory, which are of interest to international lawyers
worldwide. Volume 38 features a set of Special Issue papers on the
theme of 'The Backlash against International Law: Australian
Perspectives'. These articles originated as papers presented to a
June 2019 workshop at the Australian National University (ANU),
which launched a global research partnership project between
scholars at ANU, Indiana University and the University of Maryland.
Launched in 1965, the Australian Year Book of International Law
(AYBIL) is Australia's longest standing and most prestigious
dedicated international law publication. The Year Book aims to
uniquely combine scholarly commentary with contributions from
Australian government officials. Each volume contains a mix of
scholarly articles, invited lectures, book reviews, notes of
decisions by Australian and international courts, recent
legislation, and collected Australian international law state
practice. It is a valuable resource for those working in the field
of international law, including government officials, international
organisation officials, non-government and community organisations,
legal practitioners, academics and other researchers, as well as
students studying international law, international relations, human
rights and international affairs. It focuses on Australian practice
in international law and general international law, across a broad
range of sub-fields including human rights, environmental law and
legal theory, which are of interest to international lawyers
worldwide. Volume 37 features a Tobacco Plain Packaging Agora.
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