Seville: Standard of Review of International Courts and Tribunals -- Call for Papers 

Standard of Review in International Courts and Tribunals
Rethinking the Fragmentation and Constitutionalization of International Law
26-27 October 2012

Sponsored by: COST Action IS1003, International Law Between Constitutionalization and Fragmentation
University of Seville, Faculty of Law

This workshop intends to analyze different approaches taken by international courts and tribunals when confronted with factual, political and legal determinations made at the national
level. The workshop will concentrate on two interrelated aspects: (i) standard of review applied by international courts to municipal measures (actions) that are based on prior complex factual determinations and (ii) standard of review applied by international courts to political decisions that involve trade-offs between different competing values (and corresponding legal determinations).

The specific questions that we would like to address include:

• To what extent different international tribunals operating in different functional regimes apply the same/similar standard of review when confronted with complex factual issues, political choices and normative flexibilities?

• If there are differences, what may explain them? Is specific institutional setting relevant? Political context? Values that are protected by particular functional system? Or maybe subject matter of a dispute?

• If there are similarities, can we identify some meta-norms of constitutional character? What can explain existing (if any) convergences?

• What are the consequences of differences (if any) in applicable standards of review used by various international tribunals? Do they contribute to fragmentation of international law?

• Is there uniformity or divergence between standards of review applied by international courts to factual and legal determinations?

• What is the connection between applicable standard of review and legitimacy of decisions rendered by international courts and tribunals? An non-exhaustive list of international tribunals or other supervisory organs that are of our interest includes: WTO panels and the Appellate Body, the European Court of Human Rights,
the International Court of Justice, the Tribunal for the Law of the Sea, NAFTA panels, arbitration tribunals and ad hoc panels under investment treaties, the Court of Justice of the European Union, the EFTA Court and the Inter-American Court of Human Rights.
Authors of selected papers will be invited to publish their works in an edited volume with a renowned international publisher. Invitations to contribute to the edited volume will depend
on the quality of the work presented at the conference.


The workshop is organized by Prof. Dr. Daniel García San José and it will be held at the Faculty of Law of the University of Seville.


Applicants should send in a 250-500 words abstract no later than 15 June 2012 to:
Dr. Lukasz Gruszczynski,
Prof. dr. Wouter Werner,

Link to full posting.

From International Law Reporter
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