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Max Planck Encyclopedia of International Procedural Law [MPEiPro]


Esmé Shirlow

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 04 December 2021

Standards of treatment — Deference — Standard of proof — International courts and tribunals, procedure — Burden of proof (and jurisdiction) — Standard of review — Arbitration

Published under the direction of Hélène Ruiz Fabri, with the support of the Department of International Law and Dispute Resolution, under the auspices of the Max Planck Institute Luxembourg for Procedural Law.

1 This entry concerns the concept of ‘deference’ and examines how it functions under international law. In ordinary usage, the term deference designates: ‘[s]ubmission to the acknowledged superior claims, skill, judgment, or other qualities, of another … [c]ourteous regard such as is rendered to a superior, or to one to whom respect is due [and] the manifestation of a disposition to yield to the claims or wishes of another’ (Oxford English Dictionary, 2020). This definition indicates that there may be a range of possible focal points, conditions, and...
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