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International courts use two key methodologies to determine the degree of deference granted to states in their implementation of international obligations: the standard of review and margin of appreciation. This book investigates how these doctrines are applied in international courts, analysing where their approaches converge and diverge.
This book investigates how international courts and tribunals determine the degree of deference granted to states through the application of the standard of review and the margin of appreciation. The authors, Lukasz Gruszczynski and W. G. Werner, provide a rigorous examination of these two methodologies to determine how they function within international legal frameworks. By analyzing various judicial bodies, the text explores where these doctrines overlap and where they diverge in practice. The work establishes a comparative framework to understand how international adjudicators balance state sovereignty against international obligations.
What You Will Find
Scope Limits
Legal scholars and practitioners view this text as a specialized resource for understanding the nuances of international judicial review. Experts highlight the clarity with which the authors distinguish between the two primary doctrines of deference.
Page Count:
0
Publication Date:
2014-01-01
Publisher:
Oxford University Press
ISBN-10:
0191785628
ISBN-13:
9780191785627
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