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Deference in International Courts and TribunalsStandard of Review and Margin of Appreciation$
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Lukasz Gruszczynski and Wouter Werner

Print publication date: 2014

Print ISBN-13: 9780198716945

Published to Oxford Scholarship Online: November 2014

DOI: 10.1093/acprof:oso/9780198716945.001.0001

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(p.1) 1 Introduction
Deference in International Courts and Tribunals
Lukasz Gruszczynski, Wouter Werner
Oxford University Press

The chapter introduces the concepts of standard of review and margin of appreciation. It identifies them as methodological devices used by courts to determine the degree of deference that is granted to States in their implementation of international obligations. It also recognizes that while the margin of appreciation explicitly acknowledges the existence of such deference, standard of review is simply a procedural mechanism that in and of itself does not mandate any specific level of deference. The chapter explains methodological approach taken by the volume, highlighting plurality of theoretical approaches used in individual chapters. It also offers some general conclusions concerning the relevance of the concept of standard of review/margin of appreciation in the jurisprudence of specific courts (and the mode of its application) as well as extent of scrutiny and reasons for deference granted by those courts to States.

Keywords:   standard of review, margin of appreciation, deference, international courts, standard of proof, legitimacy, functional fragmentation, international law

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