Tuesday, October 14, 2014

Gruszczynski & Werner: Deference in International Courts and Tribunals

Lukasz Gruszczynski (Polish Academy of Sciences - Institute of Law Studies) & Wouter Werner (VU Univ. Amsterdam - Law) have published Deference in International Courts and Tribunals: Standard of Review and Margin of Appreciation (Oxford Univ. Press 2014). Contents include:
  • Lukasz Gruszczynski & Wouter Werner, Introduction
  • Ernst-Ulrich Petersmann, Judicial standards of review and administration of justice in trade and investment law and adjudication
  • Ilona Cheyne, Deference and the use of the public policy exception in international courts
  • Benedikt Pirker, Democracy and distrust in international law: The procedural democracy doctrine and the standard of review used by international courts and tribunals
  • Andrei Mamolea, Good faith review
  • Michael Ioannidis, Beyond the standard of review: Deference criteria in WTO law and the case for procedural approach
  • Caroline Henckels, The role of the standard of review and the importance of deference in investor-state arbitration
  • Erlend Leonhardsen, Treaty change, arbitral practice and the search for a balance: Standards of review and the margin of appreciation in international investment law
  • Valentina Vadi & Lukasz Gruszczynski, Standard of review and scientific evidence in WTO law and international investment arbitration: Converging parallels?
  • Pieter Van Cleynenbreugel, National procedural choices before the Court of Justice of the European Union
  • Patrycja Dabrowska-Klosinska, Risk, precaution and scientific complexity before the Court of Justice of the European Union
  • Alexia Herwig & Asja Serdarevic, Standard of review for necessity and proportionality analysis in EU and WTO law: Why differences in standards of review are legitimate?
  • Mónika Ambrus, The European Court of Human Rights and standards of proof: An evidential approach toward the margin of appreciation
  • Uladzislau Belavusau, Experts in hate speech cases: Towards a higher standard of proof in Strasbourg?
  • Veronika Bílková, The standard of equivalent protection as a standard of review
  • Bernard Duhaime, Subsidiarity in the Americas: what room is there for deference in the Inter-American System?
  • Chiara Ragni, Standard of review and the margin of appreciation before the International Court of Justice
  • Rosemary Rayfuse, Standard of review and the International Tribunal on the Law of the Sea
  • Karolina Wierczynska, Deference in the International Criminal Court practice concerning admissibility challenges lodged by States
  • Diane Bernard, Beyond hierarchy: Standards of review and complementarity of the International Criminal Court