You are looking at 1 - 10 of 3,006 items :

  • Margin of Appreciation x
Clear All
This content is available to you

Eirik Bjorge

The full text of this journal article is available as a pdf

You do not have access to this content

Connie de la Vega

Concept used by the European Court of Human Rights to interpret the European Convention provisions so as to allow nations the capacity to vary their application of the treaty obligations in light of national practices.

You do not have access to this content

Yutaka Arai-Takahashi

5. Disharmony in the process of harmonisation? – The analytical account of the Strasbourg Court’s variable geometry of decision-making policy based on the margin of appreciation doctrine Yutaka Arai-Takahashi* 1. Introduction This chapter seeks to provide an analytical account of the margin of appreciation doctrine in the specific context of the harmonisation of the European Convention on Human Rights (ECHR or Convention). It draws on the affinities between the arguments concerning the margin of appreciation and theories on judicial discretion while duly taking

You do not have access to this content

Kristian Cedervall Lauta and Jens Elo Rytter

, the Strasbourg Court has, nevertheless, maintained a certain hesitance to fully recognize the hazards as equivalent. This hesitance is expressed in Budayeva as the acknowledgement of a broader margin of appreciation for the State with regard to deciding on the level of protection required against natural hazards as compared with industrial hazards. In the following section we will discuss this reservation and its implications for the protection from natural hazards under Article 2 ECHR. 3.2 Margin of appreciation States are generally allowed a broad margin of

You do not have access to this content

Mark Hill QC

religious diversity undoubtedly represents one of the most important challenges to be faced today; for that reason, the authorities must perceive religious diversity not as a threat but as a source of enrichment.27 Giving expression to that sense of enrichment, however, remains a pressing challenge. 3. MARGIN OF APPRECIATION The Court’s much maligned ‘margin of appreciation’ doctrine purports to reflect the principle of subsidiarity in member states of the Council of Europe, whereby the Court affords a degree of deference to the national authorities. This is

You do not have access to this content

Tuomas Mylly

the whole investment arbitration system – would be to decrease the overlaps through IIA design and to develop deference as an approach in ISDS, especially through the doctrine of margin of appreciation. The suggested measures reflect the author’s understanding that the problem is not too little human rights in ISDS but too extensively applied and interpreted investment treaty standards that encroach on host states’ regulatory powers and ability to protect and fulfil human rights obligations. The chapter proceeds as follows. Section 2 will discuss how ISDS transforms

You do not have access to this content

Kriangsak Kittichaisaree

.29 The most touted route to reconciliation between the Islamic understanding of human rights norms and that of the non-Islamic world is through the adaptation of the margin of appreciation doctrine developed by the European Court of Human Rights (ECtHR), according to which Islamic cultures/values and legal Ibid 160–71. Cf Eli Grossman, ‘The Human Dimension of Shari’a Law’ (2018) 50 NYU J Int’l L & Pol 1021, 1027, 1036, 1040–49. 25 Mashood A Baderin, ‘A Macroscopic Analysis of the Practice of Muslim-Majority States Parties to International Human Rights Treaties

This content is available to you

Takatoshi Ito, Satoshi Koibuchi, Kiyotaka Sato and Junko Shimizu

. For example, when the yen appreciates by 1 per cent vis-à-vis the US dollar, dollar-denominated retail prices increase by 1 per cent in the case of complete pass-through. In general, the pass-through is incomplete in that dollar price changes are more than zero but less than the percentage of appreciation. Yen invoicing will shift the exchange rate risk to importers, and when other parameters such as the importer’s profit margin stay the same, the retail price will fluctuate with the exchange rate. The demand function for the imported goods in the destination

You do not have access to this content

Massimo Fichera

proportionality in the internal market as regards (a) the risk of affecting the delicate structure of domestic constitutional systems through the ‘restrictive effect on trade’ test, (b) the use of the fundamental rights discourse to promote the expansion of the CJEU’s competences vis-á-vis both the EU institution and the national level as well as market integration, and (c) the CJEU’s attempt to accommodate (again in the name of market integration) the diversity of national legal systems through a version of the margin of appreciation test in the context of the free movement of

You do not have access to this content

Dustin N. Sharp

than emancipatory.8 This chapter will explore the general promises and pitfalls of such tradition-based initiatives, using experiences from Rwanda, Uganda and East Timor as examples. I argue that we must be careful not to romanticize local justice;9 yet at the same time, transitional justice scholars, practitioners and policy-makers ignore local preferences and conceptions of justice at their own peril. While greater use of local modalities of justice will require a fairly robust ‘margin of appreciation’ and acceptance of a degree of legal pluralism that may make