Skip to main content Accessibility help
×
Hostname: page-component-586b7cd67f-dlnhk Total loading time: 0 Render date: 2024-11-23T15:48:22.024Z Has data issue: false hasContentIssue false

1 - Defining Deference: The Connection between Deference and Authority

from Part I - Conceptual Framework and Methodological Approach

Published online by Cambridge University Press:  24 February 2021

Esmé Shirlow
Affiliation:
Australian National University, Canberra
Get access

Summary

This Chapter introduces the concept of deference and illustrates how it functions in international adjudication. Section A links the concept of ‘deference’ to that of ‘authority’. It explains that ‘authority’ refers to an actor’s ability to induce deference from another actor. Linking deference to authority provides a conceptual framework to expand the analysis of possible reasons for deference, and further explains why different adjudicators may structure deference more or less categorically. The Chapter introduces the concept of ‘second-order reasons’, and examines four accounts of authority based upon differing second-order reasons. It uses this analysis to explore why international adjudicators might defer to domestic decision making authority. Section B examines how theories of authority impact the ‘degrees’ of deference. Some theoretical accounts conceptualise authority as conclusive or suspensive, and thus their application in adjudicative reasoning might prompt categorical approaches to deference. Other approaches to conceptualising authority, by contrast, accommodate more flexible analysis. This conceptual framework informs the empirical evaluation in Part II.

Type
Chapter
Information
Judging at the Interface
Deference to State Decision-Making Authority in International Adjudication
, pp. 15 - 42
Publisher: Cambridge University Press
Print publication year: 2021

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×