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03688aam a2200409 i 4500 001 A16B9808CF3111EB9A1890BA3BECA4DB 003 SILO 005 20210617010040 008 200713t20212021enka b 001 0 eng 010 $a 2020031439 020 $a 1108490972 020 $a 9781108490979 035 $a (OCoLC)1176315301 040 $a DLC $b eng $e rda $c DLC $d OCLCO $d OCLCF $d YDX $d SILO 042 $a pcc 050 00 $a KZ6115 $b .S55 2021 100 1 $a Shirlow, Esme, $e author. 245 10 $a Judging at the interface : $b deference to state decision-making authority in international adjudication / $c Esme Shirlow, Australian National University. 264 1 $a Cambridge, United Kingdom ; $b Cambridge University Press, $c 2021. 300 $a xlii, 338 pages : $b illustrations ; $c 24 cm 504 $a Includes bibliographical references and index. 505 0 $a 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. 520 $a "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?"-- $c Provided by publisher. 650 0 $a Arbitration (International law) 650 0 $a Judicial process. 650 0 $a Deference (Law) 650 0 $a Jurisdiction (International law) 650 0 $a Judicial review. 650 7 $a Arbitration (International law) $2 fast $0 (OCoLC)fst01761738 650 7 $a Deference (Law) $2 fast $0 (OCoLC)fst02009276 650 7 $a Judicial process. $2 fast $0 (OCoLC)fst00984705 650 7 $a Judicial review. $2 fast $0 (OCoLC)fst00984727 650 7 $a Jurisdiction (International law) $2 fast $0 (OCoLC)fst00985036 776 08 $i Online version: $a Shirlow, Esme. $t Judging at the interface $d Cambridge, United Kingdom ; New York, NY : Cambridge University Press, 2020 $z 9781108867108 $w (DLC) 2020031440 941 $a 1 952 $l OVUX522 $d 20220526020046.0 956 $a http://locator.silo.lib.ia.us/search.cgi?index_0=id&term_0=A16B9808CF3111EB9A1890BA3BECA4DBInitiate Another SILO Locator Search