The University of Oslo – PluriCourts invites paper proposals for a PluriCourts-iCourts “Concepts & Methods” workshop on the topic When International Courts and Tribunals Defer to States, to be held in Oslo, Norway, on 24-25 November 2020.
International Courts and Tribunals (ICs) sometimes allow national actors a certain discretion in their implementation of international obligations. To illustrate: The WTO Appellate Body has granted states some latitude to restrict trade under reference to protection of ‘public morals’ (GATT, article XX (a)); the European Court of Human Rights sometimes grant states a ‘margin of appreciation’ in applying the European Convention on Human Rights. Such deference by ICs towards states raises several theoretical, conceptual, and methodological challenges for philosophical, legal and social science scholarship: when do ICs defer, why, what are the effects – and how should we assess such deference?
Deadline for submissions: 15 June 2020