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-à-vis the domestic legal order.
Les mer
A Comparative Analysis
Produktdetaljer
ISBN
9781509932290
Publisert
2020
Utgave
1. utgave
Utgiver
Bloomsbury UK
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter