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Judging at the Interface investigates international adjudicative deference to States. It will be of interest to policymakers, practitioners, civil society, and scholars of international and domestic law. As international adjudication expands into new areas and increases in frequency there will be a continually growing audience for this work.
List of contents
Preface; Introduction: deference and the international adjudication of private property disputes; Part I. Conceptual Framework and Methodological Approach: 1. Defining deference - the connection between deference and authority; 2. Deference in context - domestic authority and international private property claims; 3. Locating deference - the function of deference in legal adjudication; Part II. Deference in the International Adjudication of Private Property Disputes: 4. Structures of deference in international case law; 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: 8. Deference in different times and contexts; 9. The systemic implications of deference in international adjudication; 10. Bringing principles into practice: grappling with deference in international adjudication; Conclusion: deference as a story of international adjudication; Appendix: data tables; References; Index.
About the author
Esmé Shirlow is an Associate Professor at the Australian National University (ANU). She has served as an assistant to a number of investment treaty tribunals, and advises parties to investment treaty claims and in proceedings before the International Court of Justice. Prior to joining the ANU, she worked in the Australian Government's Office of International Law. Dr. Shirlow completed her PhD as a Dickson Poon Scholar at King's College London, for which she was awarded the King's Elsevier Outstanding PhD Thesis Prize. She completed her LL.M. at the University of Cambridge, where she was awarded – among other prizes – the BRD Clarke Prize for Best Overall Performance in the LL.M., the Clive Parry Prize for Best Result in International Law, and the Whewell Scholarship in International Law.
Summary
Judging at the Interface investigates international adjudicative deference to States. It will be of interest to policymakers, practitioners, civil society, and scholars of international and domestic law. As international adjudication expands into new areas and increases in frequency there will be a continually growing audience for this work.
Additional text
'Deference has become a central battleground in international adjudication. Starting from the link between sovereignty and deference, Dr Shirlow's exceptionally rich study provides fresh thinking on deference's functions and evolution, and comprehensive empirical evidence on deference as an adjudicative practice. Dr Shirlow's tour de force will be the first port of call for anyone concerned with deference in international adjudication. Her book is also a delight to read - highly recommended!' Michael Waibel, Professor of International Law, University of Vienna
