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Media type:
E-Book
Title:
Secondary Rules of Primary Importance in International Law
:
Attribution, Causality, Evidence, and Standards of Review in the Practice of International Courts and Tribunals
Footnote:
Description based on publisher supplied metadata and other sources
Hier auch später erschienene, unveränderte Nachdrucke
Description:
This volume emphasizes the consequential nature of secondary rules of international law (such as attribution, causality, and the standard and burden of proof) and argues that the outcome of litigation is fundamentally shaped by the exact standard of proof, standard of review, or attribution basis that is chosen by adjudicators.
Cover -- Half Title -- Series -- Secondary Rules of Primary Importance in International Law -- Copyright -- Contents -- Table of Cases -- Table of Treaties -- List of Abbreviations -- List of Contributors -- 1. Introduction: Secondary Rules of Primary Importance -- Part 1 -- 2. Explaining Variations in Standards of Review in International Adjudication -- 3. Standards of Review in the Practice of International Courts and Tribunals -- 4. Saving Regulatory Space for States through the Standard of Review: A Case Study of Tobacco Control-Related International Disputes -- 5. Science, Legitimacy, and the Judicial Function: A Need for More Intrusive Standards of Review -- Part II -- 6. A "Missed" Secondary Rule? Causation in the Breach of Preventive and Due Diligence Obligations -- 7. Depolluting the Doctrine on Causation in International Investment Law: The Case for Extracting "Legal Causation" -- 8. A Priori Causal Inferences in the Law of the World Trade Organization -- Part III -- 9. Presumptions as Secondary Rules in the Judicial Interpretation of International Human Rights -- 10. Proving Bad Faith in International Law: Lessons from the Article 18 Case Law of the European Court of Human Rights -- 11. The Evidentiary Implications of a Party's Non-Participation in the Proceedings -- Part IV -- 12. State Acquiescence or Connivance in the Wrongful Conduct of Third Parties in the Jurisprudence of the European Court of Human Rights -- 13. A Comparison of the Rules of Attribution in the Law of State Responsibility, State Immunity, and Custom -- 14. Untangling the Relationship Between Attribution and Due Diligence in International Investment Law and Beyond -- 15. Fragmentation of Attribution in International Law -- Index of Authorities -- Index.