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"This is a descriptive account of the concept and practice of deference in the law, with the goal of providing a definition and analytical framework that can be applied to all of the many forms of deference that appear in any legal system. Deference is central to almost everything that happens in law but has not been the subject of systematic study, perhaps because it shows up in so many different forms and places. We hope to provide a definition and vocabulary for the study of deference that anyone, from any perspective, can use"--

Deference (Law) --- Law --- Interpretation and construction

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"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?"--

Arbitration (International law) --- Judicial process. --- Deference (Law) --- Jurisdiction (International law) --- Judicial review --- Arbitrage international --- Processus judiciaire --- Juridiction (droit international) --- Contrôle juridictionnel des lois --- Contrôle juridictionnel des lois

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This book explores how the Permanent Court of International Justice, the International Court of Justice, the European Court of Human Rights, and investment treaty tribunals have used deference to recognise the decision making authority of States. It analyses the approaches to deference taken by these four international courts and tribunals in 1,714 decisions produced between 1924 and 2019 concerning alleged State interferences with private property. The book identifies a large number of techniques capable of achieving deference to domestic decision-making in international adjudication. It groups these techniques to identify seven distinct 'modes' of deference reflecting differently structured relationships between international adjudicators and domestic decision-makers. These differing approaches to deference are shown to hold systemic significance. They reveal the shifting nature and structure of adjudication under international law and its relationship to domestic decision making authority.

Arbitration (International law) --- Arbitration, International --- International arbitration --- International political arbitration --- Pacific settlement of international disputes --- International commissions of inquiry --- Jurisdiction (International law) --- Mediation, International --- Judicial process. --- Deference (Law) --- Judicial review. --- Review, Judicial --- Constitutional law --- Courts --- Delegation of powers --- Executive power --- Judicial power --- Legislation --- Legislative power --- Rule of law --- Separation of powers --- Domestic jurisdiction --- International jurisdiction --- Jurisdiction, Domestic --- Jurisdiction, International --- International courts --- Law --- Decision making, Judicial --- Judicial behavior --- Judicial decision making --- Judges --- Procedure (Law) --- Interpretation and construction --- Psychological aspects