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Cambridge University Press Judging under Constraint: The Politics of Deference by International Courts (Studies on International Courts and Tribunals)

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£105.59 £85.01 £89.50 £93.99 £98.48 £102.97 £107.46 26 July 2026 06 August 2026 17 August 2026 28 August 2026 09 September 2026
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Price range: £87 - £106

Price levels: 4 different prices over 46 days

Description
As international courts have risen in prominence, policymakers, practitioners and scholars observe variation in judicial deference. Sometimes international courts defer, whereby they accept a state's exercise of authority, and other times not. Differences can be seen in case outcomes, legal interpretation and reasoning, and remedial orders. How can we explain variation in deference? This book examines deference by international courts, offering a novel theoretical account. It argues that deference is explained by a court's strategic space, which is structured by formal independence, seen as a dimension of institutional design, and state preferences. An empirical analysis built on original data of the East African Court of Justice, Caribbean Court of Justice, and African Court of Human and Peoples' Rights demonstrates that robust safeguards to independence and politically fragmented memberships lend legitimacy to courts and make collective state resistance infeasible, combining to minimize deference. Persuasive argumentation and public legitimation also enable nondeference.

Product Specifications
Brand
Cambridge University Press
Format
hardcover
ASIN
1009607618
Category
Books > Subjects > Business, Finance & Law > Law > International
Domain
Amazon UK
Release Date
13 November 2025
Listed Since
03 January 2025

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