Judging at the Interface: Deference to Domestic Authority in International Adjudication

Date & time

06 May 2021 5:30pm - 7:00pm

Venue

The ANU College of Law Moot Courts
Law Building #6

Register for the event

Event description

Co-hosted by the ANU Centre for International and Public Law (CIPL) and the Office of International Law at the Attorney-General's Department (OIL), this symposium will serve to launch and discuss Dr Esmé Shirlow's book, Judging at the Interface: Deference to Domestic Authority in International Adjudication (Cambridge University Press, 2021).

The symposium will include contributions from Professor Chester Brown (University of Sydney Law School), Ms Sue Robertson (OIL), Dr Sarah McCosker (Lexbridge Lawyers) and Honorary Professor Bill Campbell AO, PSM, QC (ANU College of Law).
The event will conclude with light refreshments.

About the book:

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.

Receive a 20% discount for purchases of the book by clicking here and using the promo code 'SHIRLOW21'.

Speakers

Distinguished Professor Asmi Wood, Australian National University Associate Professor Hannah McGlade, Curtin University Professor Megan Davis AC, University of New South Wales Associate Professor Harry Hobbs, University of New South Wales Associate Professor Sarah Moulds, University of South Australia Professor Emeritus Simon Rice, University of Sydney Dr Bill Swannie, Australian Catholic University Dr Liz Allen, Australian National University Distinguished Professor Suvendrini Perera, Curtin University Professor Dorota Gozdecka, University of Helsinki Associate Professor Jennifer Nielsen, Southern Cross University Dr Will Sanders & Dr Francis Markham, Australian National University Professor Dominique Allen, Monash University Assistant Professor Alice Taylor, Bond University Emerita Professor Margaret Thornton, Australian National University Professor Beth Goldblatt, University of Technology Sydney Associate Professor Cristy Clarke, University of Canberra