Book contents
- Judging at the Interface
- Judging at the Interface
- Copyright page
- Dedication
- Contents
- Figures
- Tables
- Foreword by Judge James Crawford
- Acknowledgements
- Table of Cases
- Table of Treaties, Resolutions, and Declarations
- Abbreviations
- Introduction Deference and the International Adjudication of Private Property Disputes
- Part I Conceptual Framework and Methodological Approach
- Part II Deference in the International Adjudication of Private Property Disputes
- 4 Structures of Deference in International Adjudication
- 5 Conclusive Decision-Making Authority: Deference as Submission or Control
- 6 Suspensive Decision-Making Authority: Deference as Deferral and Abstention
- 7 Concurrent Decision-Making Authority: Deference as Restraint, Reference, and Respect
- Part III The Systemic Role of Deference in International Law
- Appendix Data Tables
- References
- Index
4 - Structures of Deference in International Adjudication
from Part II - Deference in the International Adjudication of Private Property Disputes
Published online by Cambridge University Press: 24 February 2021
- Judging at the Interface
- Judging at the Interface
- Copyright page
- Dedication
- Contents
- Figures
- Tables
- Foreword by Judge James Crawford
- Acknowledgements
- Table of Cases
- Table of Treaties, Resolutions, and Declarations
- Abbreviations
- Introduction Deference and the International Adjudication of Private Property Disputes
- Part I Conceptual Framework and Methodological Approach
- Part II Deference in the International Adjudication of Private Property Disputes
- 4 Structures of Deference in International Adjudication
- 5 Conclusive Decision-Making Authority: Deference as Submission or Control
- 6 Suspensive Decision-Making Authority: Deference as Deferral and Abstention
- 7 Concurrent Decision-Making Authority: Deference as Restraint, Reference, and Respect
- Part III The Systemic Role of Deference in International Law
- Appendix Data Tables
- References
- Index
Summary
This Chapter develops an explanatory framework which organises approaches to deference in international adjudication according to how each approach structures the relationship between international and domestic decision-making authority. Section A introduces the range of domestic decisions referred to by adjudicators. It examines how adjudicators confront domestic judicial decisions, domestic decisions on domestic law, and domestic policy decisions in international private property claims. Section B organises the results of this analysis, identifying seven different ‘modes’ of deference. These range from the treatment of domestic decisions as controlling on international adjudicators (‘conclusive domestic authority’), to rejections of deference to domestic decisions entirely (‘conclusive international authority’). Between these two extremes, deference to domestic decisions also at times resulted in a suspension of the exercise of international decision-making authority (‘suspensive domestic authority’), or in a more concurrent operation of domestic and international authority (‘concurrent authority’). These distinct approaches are explored in more detail in Chapters 5 to 7.
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- Judging at the InterfaceDeference to State Decision-Making Authority in International Adjudication, pp. 93 - 112Publisher: Cambridge University PressPrint publication year: 2021