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Judging under Constraint: The Politics of Deference by International Courts by Theresa Squatrito (London School of Economics and Political Science) at Abbey's Bookshop,
Judging under Constraint: The Politics of Deference by International Courts
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Theresa Squatrito (London School of Economics and Political Science)

Judging under Constraint

The Politics of Deference by International Courts

Theresa Squatrito (London School of Economics and Political Science)

$360.95   $288.58

Hardback

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English
Cambridge University Press
13 November 2025
United Nations & UN agencies
Series: Studies on International Courts and Tribunals
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.
By:  
Imprint:   Cambridge University Press
Country of Publication:   United Kingdom
Weight:   718g
ISBN:   9781009607612
ISBN 10:   1009607618
Series:   Studies on International Courts and Tribunals
Pages:   376
Publication Date:  
Audience:   General/trade ,  ELT Advanced
Format:   Hardback
Publisher's Status:   Active

Theresa Squatrito is an Associate Professor in International Relations at the London School of Economics and Political Science. She is a co-author of The Opening Up of International Organizations (Cambridge University Press, 2013) and a co-editor of The Performance of International Courts and Tribunals (Cambridge University Press, 2018).

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