Coverart for item
The Resource Judging at the interface : deference to state decision-making authority in international adjudication, Esmé Shirlow, Australian National University

Judging at the interface : deference to state decision-making authority in international adjudication, Esmé Shirlow, Australian National University

Label
Judging at the interface : deference to state decision-making authority in international adjudication
Title
Judging at the interface
Title remainder
deference to state decision-making authority in international adjudication
Statement of responsibility
Esmé Shirlow, Australian National University
Creator
Author
Subject
Language
eng
Summary
"Introduction Deference and the International Adjudication of Private Property Disputes While working as a government lawyer in 2011, a letter came into our office advising that the Philip Morris tobacco company had decided to sue Australia under a bilateral investment treaty. The company contended that Australia's tobacco plain packaging requirements breached its intellectual property rights, entitling it to billions of dollars in compensation under international law. This news was not particularly shocking to the small team of which I was part, which had been assembled within the government's Office of International Law to respond to these types of claims. The news was shocking, though, to the wider Australian community. Over the ensuing months, the community's disbelief became better-articulated in the press: How can an international tribunal sit in judgment over a measure which the Australian Parliament had decided was in the public interest after extensive scientific enquiry and public consultation? Could an international tribunal really reverse the finding of Australia's highest court that the legislation was lawful?"--
Assigning source
Provided by publisher
Cataloging source
DLC
http://library.link/vocab/creatorName
Shirlow, Esmé
Illustrations
illustrations
Index
index present
Literary form
non fiction
Nature of contents
bibliography
http://library.link/vocab/subjectName
  • Arbitration (International law)
  • Judicial process
  • Deference (Law)
  • Jurisdiction (International law)
  • Judicial review
  • Arbitration (International law)
  • Deference (Law)
  • Judicial process
  • Judicial review
  • Jurisdiction (International law)
Label
Judging at the interface : deference to state decision-making authority in international adjudication, Esmé Shirlow, Australian National University
Instantiates
Publication
Copyright
Bibliography note
Includes bibliographical references and index
Carrier category
volume
Carrier category code
  • nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Contents
Deference and the international adjudication of private property disputes -- Deference in context -- domestic authority and international private property -- Locating deference -- the function of deference in legal adjudication -- Structures of deference in international case law -- Conclusive decision-making authority : deference as submission or control -- Suspensive decision-making authority : deference as deferral and abstention -- Concurrent decision-making authority : deference as restraint, reference, and respect -- Deference in different times and contexts -- The systemic implications of deference in international adjudication -- Bringing principles into practice : grappling with deference in international adjudication -- Conclusion: deference as a story of international adjudication
Dimensions
24 cm
Extent
xlii, 338 pages
Isbn
9781108490979
Lccn
2020031439
Media category
unmediated
Media MARC source
rdamedia
Media type code
  • n
Note
GOBI Library Solutions from EBSCO
Other physical details
illustrations
System control number
(OCoLC)1176315301
Label
Judging at the interface : deference to state decision-making authority in international adjudication, Esmé Shirlow, Australian National University
Publication
Copyright
Bibliography note
Includes bibliographical references and index
Carrier category
volume
Carrier category code
  • nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Contents
Deference and the international adjudication of private property disputes -- Deference in context -- domestic authority and international private property -- Locating deference -- the function of deference in legal adjudication -- Structures of deference in international case law -- Conclusive decision-making authority : deference as submission or control -- Suspensive decision-making authority : deference as deferral and abstention -- Concurrent decision-making authority : deference as restraint, reference, and respect -- Deference in different times and contexts -- The systemic implications of deference in international adjudication -- Bringing principles into practice : grappling with deference in international adjudication -- Conclusion: deference as a story of international adjudication
Dimensions
24 cm
Extent
xlii, 338 pages
Isbn
9781108490979
Lccn
2020031439
Media category
unmediated
Media MARC source
rdamedia
Media type code
  • n
Note
GOBI Library Solutions from EBSCO
Other physical details
illustrations
System control number
(OCoLC)1176315301

Library Locations

    • Biddle Law LibraryBorrow it
      3400 Chestnut Street, Philadelphia, Pennsylvania, 19104, US
      39.954941 -75.193362
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