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The Need for Public Law Standards of Review in Investor-State Arbitrations

William Burke-White and Andreas von Staden

in International Investment Law and Comparative Public Law

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199589104
eISBN:
9780191595455
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199589104.003.0022
Subject:
Law, Constitutional and Administrative Law, Public International Law

In recent years, investment arbitration has increasingly moved from its private law origins into the realm of public law adjudication, but the standards of review applied by ad hoc arbitral tribunals ... More


Two Concepts of the Margin of Appreciation

George Letsas

in A Theory of Interpretation of the European Convention on Human Rights

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199203437
eISBN:
9780191707773
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199203437.003.0005
Subject:
Law, Human Rights and Immigration, Philosophy of Law

This chapter examines the European Court's doctrine of the ‘Margin of Appreciation’. It argues that there are two different ways in which the Court has used the doctrine. The first one, called ... More


Introduction

Andrew Legg

in The Margin of Appreciation in International Human Rights Law: Deference and Proportionality

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199650453
eISBN:
9780191741173
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199650453.003.0001
Subject:
Law, Public International Law, Human Rights and Immigration

The concept of the margin of appreciation has been most developed by the European Court of Human Rights. It is also present in the jurisprudence of the Inter-American Court of Human Rights and the UN ... More


Refugee Rights

Magdalena Forowicz

in The Reception of International Law in the European Court of Human Rights

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199592678
eISBN:
9780191595646
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199592678.003.0007
Subject:
Law, Human Rights and Immigration

The Convention on the Status of Refugees and the Protocol relating to the Status of Refugees enjoy a wide approval among the ECHR Contracting States. This chapter provides an overview of the ... More


The Margin of Appreciation in International Human Rights Law: Deference and Proportionality

Andrew Legg

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199650453
eISBN:
9780191741173
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199650453.001.0001
Subject:
Law, Public International Law, Human Rights and Immigration

The margin of appreciation is a judicial doctrine whereby international courts allow states to have a measure of diversity in their interpretation of human rights treaty obligations. The doctrine is ... More


Quasi-Normative Non-Law

Alexander Orakhelashvili

in The Interpretation of Acts and Rules in Public International Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199546220
eISBN:
9780191720000
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546220.003.0009
Subject:
Law, Public International Law

This chapter is the first ever doctrinal consideration of quasi-normative non-law in systemic perspective. This study is limited to analysing the categories of quasi-normative non-law in terms of ... More


From Monologue to Dialogue: The Relationship between UK Courts and the European Court of Human Rights

Merris Amos

in The United Kingdom's Statutory Bill of Rights: Constitutional and Comparative Perspectives

Published in print:
2013
Published Online:
January 2014
ISBN:
9780197265376
eISBN:
9780191760426
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197265376.003.0006
Subject:
Law, Human Rights and Immigration

In recent years, there has been considerable discussion of the dialogue which takes place between UK courts, adjudicating in claims brought under the Human Rights Act 1998, and the European Court of ... More


A Theory of Interpretation of the European Convention on Human Rights

George Letsas

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199203437
eISBN:
9780191707773
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199203437.001.0001
Subject:
Law, Human Rights and Immigration, Philosophy of Law

This book provides a philosophical study of the methods of interpretation used by the European Court of Human Rights in Strasbourg. By drawing on Anglo-American legal, political, and moral ... More


Constitutional Patriotism and the Right to Privacy: A Comparison of the European Court of Justice and the European Court of Human Rights

Francesca Bignami

in New Technologies and Human Rights

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199562572
eISBN:
9780191705328
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199562572.003.0004
Subject:
Law, Intellectual Property, IT, and Media Law, Human Rights and Immigration

This chapter examines the jurisprudence of two European courts — the European Court of Human Rights and the European Court of Justice — on the right to privacy to scrutinize Europe's emerging ... More


Positive Rights and Proportionality Analysis

Matthias Klatt and Moritz Meister

in The Constitutional Structure of Proportionality

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199662463
eISBN:
9780191743405
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199662463.003.0006
Subject:
Law, Constitutional and Administrative Law, Philosophy of Law

The special role of positive rights is widely recognized in constitutional scholarship, but the consequences in detail for both proportionality analysis and balancing are often unclear or neglected. ... More


Concluding Remarks

Andrew Legg

in The Margin of Appreciation in International Human Rights Law: Deference and Proportionality

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199650453
eISBN:
9780191741173
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199650453.003.0009
Subject:
Law, Public International Law, Human Rights and Immigration

This book addresses the question: is the way in which the margin of appreciation operates justified? This chapter draws together the various strands addressing this question from the previous ... More


The European Court of Human Rights and Standards of Proof: An Evidentiary Approach towards the Margin of Appreciation

Mónika Ambrus

in Deference in International Courts and Tribunals: Standard of Review and Margin of Appreciation

Published in print:
2014
Published Online:
November 2014
ISBN:
9780198716945
eISBN:
9780191785627
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198716945.003.0013
Subject:
Law, Public International Law, Comparative Law

Chapter 13 looks at the concept of margin of appreciation through the lens of standard of proof. Based on a close reading of ECtHR case law, the chapter concludes that the concepts of standard of ... More


The Margin of Appreciation: Theory and Practice

Jan Zglinski

in Europe's Passive Virtues: Deference to National Authorities in EU Free Movement Law

Published in print:
2020
Published Online:
June 2020
ISBN:
9780198844792
eISBN:
9780191880247
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198844792.003.0004
Subject:
Law, EU Law

This chapter examines the application of the margin of appreciation in free movement cases. It identifies the doctrine’s legal scope and investigates the scenarios in which the European Court of ... More


Conclusion

MASHOOD A. BADERIN

in International Human Rights and Islamic Law

Published in print:
2005
Published Online:
January 2010
ISBN:
9780199285402
eISBN:
9780191709173
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199285402.003.0005
Subject:
Law, Human Rights and Immigration

This chapter discusses necessary complementary and practical approaches to the theoretical discussions and arguments advanced in the previous chapters. It includes an explanation of the domestic ... More


Deference in International Courts and Tribunals: Standard of Review and Margin of Appreciation

Lukasz Gruszczynski and Wouter Werner (eds)

Published in print:
2014
Published Online:
November 2014
ISBN:
9780198716945
eISBN:
9780191785627
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198716945.001.0001
Subject:
Law, Public International Law, Comparative Law

Rights and obligations of States are determined by rules of international law. Indirectly, however, they may be also controlled by specific legal methodologies used by international courts and ... More


Margin of Appreciation

Eirik Bjorge

in Domestic Application of the ECHR: Courts as Faithful Trustees

Published in print:
2015
Published Online:
November 2015
ISBN:
9780198743637
eISBN:
9780191803246
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198743637.003.0006
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter analyses the jurisprudence of the domestic courts in connection with the doctrine of the margin of appreciation. Whilst it was seen in Chapter 4 that the Convention’s principle of ... More


The Outcome of the Two Applications

A. W. BRIAN SIMPSON

in Human Rights and the End of Empire: Britain and the Genesis of the European Convention

Published in print:
2004
Published Online:
January 2010
ISBN:
9780199267897
eISBN:
9780191714115
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199267897.003.0019
Subject:
Law, Human Rights and Immigration, EU Law

This chapter gives an account of the visit of the sub-commission to Cyprus, the oral hearings, hostility of the colonial authorities and their management of the visit, the part played by the UK ... More


The New Free Movement Architecture

Jan Zglinski

in Europe's Passive Virtues: Deference to National Authorities in EU Free Movement Law

Published in print:
2020
Published Online:
June 2020
ISBN:
9780198844792
eISBN:
9780191880247
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198844792.003.0002
Subject:
Law, EU Law

This chapter provides a conceptual analysis of judicial deference in free movement law. It argues that the reason for the growing relevance of deference in free movement cases is rooted in a shift in ... More


The Strasbourg Court ‘Comes of Age’ (The Judgments of the Late 1970s)

Ed Bates

in The Evolution of the European Convention on Human Rights: From Its Inception to the Creation of a Permanent Court of Human Rights

Published in print:
2010
Published Online:
September 2011
ISBN:
9780199207992
eISBN:
9780191728440
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199207992.003.0008
Subject:
Law, Human Rights and Immigration, EU Law

This chapter examines several key judgments from the late 1970s. It begins with an overview which emphasizes the importance of the contribution made by the Court of the late 1970s to the Strasbourg ... More


Multilevel Protection of Rights in Europe

Aida Torres Pérez

in Conflicts of Rights in the European Union: A Theory of Supranational Adjudication

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199568710
eISBN:
9780191705571
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199568710.003.0003
Subject:
Law, EU Law

This chapter places this book's project in the context of the plurality of systems protecting fundamental rights in Europe. In Europe, there are at least three spheres of rights protection: the ... More


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