Coherence through judicial deference? A comparative analysis of international trade law and human rights law

Judicial deference (or comity) is a well-known technique of conflict avoidance. For example, when confronted with “intra-layer conflicts”, the European Court of Human Rights has taken into account the importance of international cooperation and adopted a deferential standard of review when called upon to examine whether EU law infringes a Convention right. The European Court of Justice, in turn, has in some judgments relied on the margin of appreciation doctrine when faced with a conflict between one of the fundamental economic freedoms and a fundamental right protected under the European Convention on Human Rights. This project will compare and critically assess the use of the margin of appreciation doctrine within human rights and free trade regimes, both on the regional and the global level.