Concepts & Methods 2020
PluriCourt-iCourts workshop: When International Courts and Tribunals Defer to States.
The European Court of Human Rights Photo: Colourbox
International Courts and Tribunals (ICs) sometimes allow national actors a certain discretion in their implementation of international obligations. To illustrate: The WTO Appellate Body has granted states some latitude to restrict trade under reference to protection of ‘public morals’ (GATT, article XX (a)); the European Court of Human Rights sometimes grant states a ‘margin of appreciation’ in applying the European Convention on Human Rights. Such deference by ICs towards states raises several theoretical, conceptual, and methodological challenges for philosophical, legal and social science scholarship: when do ICs defer, why, what are the effects – and how should we assess such deference?
We have invited papers that engage with:
- When and why do different ICs defer in various ways to domestic authorities?
- What are the effects of deference on the effectiveness and legitimacy of ICs?
- Why and when should different ICs defer in various ways to domestic authorities?
The deadline for submitting papers has expired.