ACIL Luncheon: Judicial Deference in International Adjudication
Johannes Hendrik Fahner will present on the topic of his PhD research entitled 'Judicial Deference in International Adjudication.'
International adjudicators are more and more often requested to pass judgment on matters that are traditionally considered to fall within the domestic jurisdiction of States. Especially in the fields of human rights, investment law, and trade law, international tribunals are nowadays commonly required to evaluate decisions of national authorities that have been made in the due course of democratic procedures and public deliberation. This poses a challenge to international adjudicators, as they need to exercise meaningful supervision while preserving the effectiveness of their judgments by giving due respect to the expertise and legitimacy of domestic decision makers.
It has been argued by academic observers as well as respondent States that international courts and tribunals should adopt deferential standards of review when evaluating State conduct, because of the similarities between international and domestic judicial review and/or because of specific characteristics of international law such as its traditional respect for State sovereignty. In his PhD research, Johannes Hendrik investigates the extent to which various international courts and tribunals have applied deferential methods for reviewing State conduct against international law, as well as the normative justifications for doing so.
Johannes Hendrik is undertaking his PhD under the supervision of Pieter Jan Kuijper and Matthew Happold under a joint agreement between the UvA and the University of Luxembourg.
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Mr J.H. (Jeanrique) Fahner