Jump to ContentJump to Main Navigation

You are looking at 1-20 of 42 items

  • Keywords: standard of review x
Clear All Modify Search

View:

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


Science, Risk Assessment, and the SPS Agreement

Lukasz Gruszczynski

in Regulating Health and Environmental Risks under WTO Law: A Critical Analysis of the SPS Agreement

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199578924
eISBN:
9780191722646
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199578924.003.0005
Subject:
Law, Public International Law, Environmental and Energy Law

This chapter addresses the science-based provisions of the SPS Agreement. The main part of the discussion is dedicated to risk assessment disciplines as elaborated by the SPS case law. This includes ... More


Precaution and the SPS Agreement

Lukasz Gruszczynski

in Regulating Health and Environmental Risks under WTO Law: A Critical Analysis of the SPS Agreement

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199578924
eISBN:
9780191722646
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199578924.003.0006
Subject:
Law, Public International Law, Environmental and Energy Law

This chapter analyzes the relevance of the precautionary principle in the context of the SPS Agreement. The first part addresses the principle as such and attempts to assess its impact on the ... More


The SPS Agreements within the WTO System

Lukasz Gruszczynski

in Regulating Health and Environmental Risks under WTO Law: A Critical Analysis of the SPS Agreement

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199578924
eISBN:
9780191722646
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199578924.003.0003
Subject:
Law, Public International Law, Environmental and Energy Law

This chapter starts with a brief overview of the disciplines established by the SPS Agreement, including procedural issues such as allocation of burden of proof between the parties to the SPS dispute ... 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


‘Raw’ Evidence and Factual Conclusions

Matthias Oesch

in Standards of Review in WTO Dispute Resolution

Published in print:
2003
Published Online:
March 2012
ISBN:
9780199268924
eISBN:
9780191699306
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199268924.003.0008
Subject:
Law, Public International Law

This chapter turns to the standards of review of facts as such. The standards which panels and the Appellate Body have so far deemed appropriate towards factual findings are analysed. Section I turns ... More


IMPLICIT PROPORTIONALITY PRINCIPLES IN AMERICAN STANDARDS OF CONSTITUTIONAL REVIEW

E. Thomas Sullivan and Richard S. Frase

in Proportionality Principles in American Law: Controlling Excessive Government Actions

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195324938
eISBN:
9780199869411
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195324938.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter analyzes the Supreme Court's general substantive standards of constitutional review. The chapter discusses the presence of implicit proportionality principles within each standard. The ... More


GATT 1947 and the Uruguay Round Negotiations

Matthias Oesch

in Standards of Review in WTO Dispute Resolution

Published in print:
2003
Published Online:
March 2012
ISBN:
9780199268924
eISBN:
9780191699306
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199268924.003.0005
Subject:
Law, Public International Law

The notion of standard of review, and thus a somehow limited panel review of allegedly inconsistent measures and practices at the domestic level, developed under the GATT 1947. This going ... More


Standards of Review in the WTO Legal Texts

Matthias Oesch

in Standards of Review in WTO Dispute Resolution

Published in print:
2003
Published Online:
March 2012
ISBN:
9780199268924
eISBN:
9780191699306
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199268924.003.0006
Subject:
Law, Public International Law

The Uruguay Round negotiations left the question of standard of review open. The negotiators did not succeed in reaching an agreement on a clearly defined standard of review generally applicable to ... More


Flexible Jurisdiction-regulating Rules

Yuval Shany

in Regulating Jurisdictional Relations Between National and International Courts

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199211791
eISBN:
9780191706035
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199211791.003.0007
Subject:
Law, Public International Law

This chapter discusses the application of two general principles that may regulate the jurisdictional relations of national and international courts: comity and abuse of right (abus de droit). It ... More


Miscellaneous Matters

Matthias Oesch

in Standards of Review in WTO Dispute Resolution

Published in print:
2003
Published Online:
March 2012
ISBN:
9780199268924
eISBN:
9780191699306
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199268924.003.0009
Subject:
Law, Public International Law

This chapter considers three distinct matters which are informative for the determination of the appropriate standards of review of facts. Section I examines the question whether the characteristics ... More


The Definition of Standards of Review

Matthias Oesch

in Standards of Review in WTO Dispute Resolution

Published in print:
2003
Published Online:
March 2012
ISBN:
9780199268924
eISBN:
9780191699306
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199268924.003.0002
Subject:
Law, Public International Law

This chapter describes the notion of standard of review in the WTO context and sets the general framework of definition which is followed throughout this book. Section I presents a conceptual ... More


Beyond the Standard of Review: Deference Criteria in WTO Law and the Case for a Procedural Approach

Michael Ioannidis

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/9780198716945.003.0006
Subject:
Law, Public International Law, Comparative Law

Chapter 6 investigates the applicable standard of review in the WTO context. The chapter criticizes the current usage of standards of review by the WTO adjudicating bodies, noting in particular that ... More


Concluding Summary

Matthias Oesch

in Standards of Review in WTO Dispute Resolution

Published in print:
2003
Published Online:
March 2012
ISBN:
9780199268924
eISBN:
9780191699306
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199268924.003.0013
Subject:
Law, Public International Law

This chapter provides a concluding summary of the results which have been arrived at in the course of this work. A final reflection on the panels' and the Appellate Body's overall approach towards ... More


Judicial Review and Judicial Restraint

T. R. S. Allan

in The Sovereignty of Law: Freedom, Constitution and Common Law

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199685066
eISBN:
9780191765353
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199685066.003.0007
Subject:
Law, Constitutional and Administrative Law, Philosophy of Law

This chapter examines and rejects demands for a special doctrine of judicial deference to safeguard the legitimacy of judicial review. It contends that considerations of legitimacy and expertise are ... More


Standards of Review in WTO Dispute Resolution

Matthias Oesch

Published in print:
2003
Published Online:
March 2012
ISBN:
9780199268924
eISBN:
9780191699306
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199268924.001.0001
Subject:
Law, Public International Law

This volume is a unique study on the highly controversial issue of standard of review in WTO dispute resolution. Standards of review reflect the extent to which the WTO adjudication bodies can ... More


Domestic Law

Matthias Oesch

in Standards of Review in WTO Dispute Resolution

Published in print:
2003
Published Online:
March 2012
ISBN:
9780199268924
eISBN:
9780191699306
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199268924.003.0011
Subject:
Law, Public International Law

This chapter deals with the issue of standard of review relating to domestic law. The crucial question is to what extent and with what intensity a panel should review the interpretation of domestic ... More


International Law

Matthias Oesch

in Standards of Review in WTO Dispute Resolution

Published in print:
2003
Published Online:
March 2012
ISBN:
9780199268924
eISBN:
9780191699306
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199268924.003.0012
Subject:
Law, Public International Law

This chapter deals with the issue of standard of review relating to international law. The crucial question is to what extent and with what intensity a panel should review the interpretation of ... More


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

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/9780198716945.003.0012
Subject:
Law, Public International Law, Comparative Law

Chapter 12 compares the standards of review in necessity and proportionality analysis in the jurisprudence of the CJEU concerning the internal market and WTO dispute settlement bodies. It argues that ... More


The Standard of Equivalent Protection as a Standard of Review

Veronika Bílková

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/9780198716945.003.0015
Subject:
Law, Public International Law, Comparative Law

Chapter 15 discusses the concept of ‘standard of equivalent protection’ as a specific form of standard of review used within European human rights law. Such a standard provides that no detailed ... More


View: