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The Margin of Appreciation in International Human Rights Law Deference and Proportionality

Legg, Andrew
ISBN-10: 0199650454
ISBN-13: 9780199650453

In our Marketplace:
1 new from $151.96
International human rights courts accord their member states a margin of appreciation in relation to the implementation and interpretation of human rights law. This book argues that a degree of deference is justified because although human rights standards are universal, in practice they inevitably look different from place to place.
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Introduction
Theory: Conceptualizing And Justifying The Margin Of Appreciation
Deference: Reasoning Differently On The Basis Of External Factors
Different Approaches To Deference In International Human Rights Law
Practice: Factors Affecting The Margin Of Appreciation
Democracy And Participation
Treaty Interpretation, Current State Practice And Other International Law Influences On The Practice Of Deference
Expertise And Competence
The Structure Of Human Rights Adjudication: The Margin Of Appreciation And Proportionality
Proportionality: Determining Rights
Nature Of The Right And Type Of Case
Concluding Remarks
Bibliography


List price: $70.00
Edition: 2012
Publisher: Oxford University Press
Binding: Trade Cloth
Pages: 304
Size: 6.50" wide x 9.50" long x 1.00" tall
Weight: 1.21 lbs.
Language: English

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