Deference in International Courts and Tribunals Standard of Review and Margin of Appreciation

by Gruszczynski, Lukasz; Werner, Wouter

• ISBN13: 9780198716945
• ISBN10: 019871694X
• Format: Hardcover
• Copyright: 2014-12-09
• Publisher: Oxford University Press

Author Biography

Lukasz Gruszczynski, Assistant Professor of International Law, Institute of Law Studies of the Polish Academy of Sciences,Wouter Werner, Professor of Public International Law, Free University of Amsterdam

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.

Table of Contents

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