"COST European Cooperation in Science and Technology."

Includes bibliographical references (pages 387-412) and index.

I. General issues/comparative perspectives -- Judicial standards of review and administration of justice in trade and investment law and adjudication / Ernst-Ulrich Petersmann -- Deference and the use of the public policy exception in international courts and tribunals -- Ilona Cheyne -- Democracy and distrust in international law : the procedural democracy doctrine and the standard of review used by international courts and tribunals / Benedikt Pirker -- Good faith review / Andrei Mamolea -- II. International investment law and WTO law -- Beyond the standard of review : deference criteria in WTO law and the case for a procedural approach / Michael Ioannidis -- The role of the standard of review and the importance of deference in investor-state arbitration / Caroline Henckels -- Treaty change, arbitral practice and the search for a balance : standards of review and the margin of appreciation in international investment law / Erlend M. Leonhardsen -- Standard of review and scientific evidence in WTO law and international investment arbitration : converging parallels? / Lukasz Gruszczynski and Valentina Vadi -- III. European Union law -- National procedural choices before the Court of Justice of the European Union / Pieter Van Cleynenbreugel -- Risk, precaution and scientific complexity before the Court of Justice of the European Union / Patrycja D�abrowska-K�osi�nska -- Standard of review for necessity and proportionality analysis in EU and WTO law : why differences in standards of review are legitimate / Alexia Herwig and Asja Serdarevic -- IV. International human rights law -- The European Court of Human rights and standards of proof : an evidentiary approach towards the margin of appreciation / M�onika Ambrus -- Experts in hate speech cases : towards a higher standard of proof in Strasbourg? Uladzislau Belavusau -- The standard of equivalent protection as a standard of review / Veronika B�ilkov�a -- Subsidiarity in the Americas : what room is there for deference in the Inter-American system? / Bernard Duhaime -- V. Other international courts -- Standard of review and the margin of appreciation before the international Court of Justice / Chiara Ragni -- Standard of review in the International Tribunal for the Law of the Sea / Rosemary Rayfuse -- Deference in the ICC practice concerning admissibility challenges lodged by states / Karolina Wierczynska -- Beyond hierarchy : standard of review and the complementarity of the International Criminal Court / Diane Bernard.

"The rights and obligations of states are determined by rules of international law. Indirectly though, they may also be controlled by specific legal methodologies used by international courts and tribunals when adjudicating matters involving states' measures and actions. The standard of review and margin of appreciation are examples of such methodological devices. International courts use them in order to determine the degree of deference granted to states in their implementation of international legal obligations. The applicable standard of review or margin of appreciation is usually not articulated in a relevant treaty, and their determination by a specific court is seen as an expression of the court's prerogative to define its own procedures. The chapters presented in this edited volume analyse the problem of the applicable standard of review or margin of appreciation used by various international courts and tribunals. The discussion is organized around two issues: (i) the relevance of the concept of standard of review or margin of appreciation in the practice of specific courts; and (ii) the degree of and reasons for deference (or lack of it). The comparative chapters also analyse convergences and divergences between different courts and tribunals, and attempt to identify their underlying reasons. The selection of specific courts and tribunals discussed reflects the actual or potential prominence of the problem of applicable standards of review or margin of appreciation within specific adjudication systems. Therefore, analysis of practice in the WTO, international investment arbitration, regional human rights, and EU law dominates the discussion. At the same time, the book also addresses emerging approaches within the ICJ, ITLOS, and the ICC"--Unedited summary from book jacket.