Institutional Supports For The International Rule Of Law

Author : Charles Sampford,Ramesh Thakur
Publisher : Routledge
Page : 221 pages
File Size : 43,9 Mb
Release : 2014-08-27
Category : Political Science
ISBN : 9781317637530

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Institutional Supports for the International Rule of Law by Charles Sampford,Ramesh Thakur Pdf

The rule of law is widely seen as the cornerstone of any effective polity and increasingly a vital component of the international political system. If the international rule of law were to be strengthened, it would greatly contribute to trade, security, human rights and global cooperation in a range of fields. Yet, in many areas the rule of law seems almost absent in international affairs. This book explores the institutions that support the effectiveness of the rule of law domestically. It focuses on the extent to which similar institutions already exist at international level and analyses the possibility of their further development. The authors speculate on how the international rule of law might be advanced in the future, thereby suggesting potential strategies for strengthening the international rule of law. Adopting an interdisciplinary approach and combining the fields of international relations, politics and law, this book covers a range institutions including: UN Security Council International Court of Justice Human rights machinery Regional human rights International Criminal Court World Trade Organization International Tribunal for the Law of the Sea UN Department of Peacekeeping Operations. It will be of strong interest to students and scholars of international relations, international organisations, global governance, international law, migration law, international peace and security law, applied ethics, political economy, political science and sociology.

Author : Aaron Schwabach,Arthur John Cockfield
Publisher : EOLSS Publications
Page : 436 pages
File Size : 55,6 Mb
Release : 2009-08-30
Category : Electronic
ISBN : 9781848260788

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International Law and Institutions by Aaron Schwabach,Arthur John Cockfield Pdf

International Law and Institutions is a component of Encyclopedia of Institutional and Infrastructural Resources in the global Encyclopedia of Life Support Systems (EOLSS), which is an integrated compendium of twenty one Encyclopedias. The main role of international law is to promote global peace and prosperity. Ideally, international law and its accompanying institutions act as a balm to smoothen and rationalize opposing interests that nations may have. This theme on International Law and Institutions addresses International Legal and Economic Issues: Globalization and the Struggle for Local Control and International Environmental Law, which are then expanded into multiple subtopics, each as a chapter. This volume is aimed at the following five major target audiences: University and College students Educators, Professional practitioners, Research personnel and Policy analysts, managers, and decision makers and NGOs.

Author : Thomas Carothers
Publisher : Brookings Institution Press
Page : 384 pages
File Size : 46,9 Mb
Release : 2010-03-01
Category : Law
ISBN : 9780870032929

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Promoting the Rule of Law Abroad by Thomas Carothers Pdf

"Over the past decade, Carothers has established himself as the leading U.S. expert on democracy promotion. He is a powerful critic not only of the nuts-and-bolts of democracy assistance but also of U.S. grand strategy overall."—SAIS Review Promoting the rule of law has become a major part of Western efforts to spread democracy and market economics around the world. Yet, although programs to foster the rule of law abroad have mushroomed, well-grounded knowledge about what factors ensure success, and why, remains scarce. In Promoting the Rule of Law Abroad, leading practitioners and policy-oriented scholars draw on years of experience—in Russia, China, Latin America, Central and Eastern Europe, the Middle East, and Africa—to critically assess the rationale, methods, and goals of rule-of-law policies. These incisive, accessible essays offer vivid portrayals and penetrating analyses of the challenges that define this vital but surprisingly little-understood field. Contributors include Rachel Belton (Truman National Security Project), Lisa Bhansali (World Bank), Christina Biebesheimer (World Bank), Thomas Carothers (Carnegie Endowment), Wade Channell, Stephen Golub, and David Mednicoff (University of Massachusetts, Amherst), Laure-Hélène Piron (Overseas Development Institute), Matthew Spence (Yale Law School), Matthew Stephenson (Harvard Law School), and Frank Upham (NYU School of Law).

Author : Augusto Lopez-Claros,Arthur L. Dahl,Maja Groff
Publisher : Cambridge University Press
Page : 561 pages
File Size : 52,5 Mb
Release : 2020-01-23
Category : Law
ISBN : 9781108476966

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Global Governance and the Emergence of Global Institutions for the 21st Century by Augusto Lopez-Claros,Arthur L. Dahl,Maja Groff Pdf

Identifies the major weaknesses in the current United Nations system and proposes fundamental reforms to address each. This title is also available as Open Access.

Author : Denise Wohlwend
Publisher : Edward Elgar Publishing
Page : 328 pages
File Size : 51,8 Mb
Release : 2021-05-28
Category : Law
ISBN : 9781789907421

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The International Rule of Law by Denise Wohlwend Pdf

This insightful book offers an in-depth examination of whether, and if so how and to what degree, contemporary international law can and should conform to and develop the rule of law principle. Motivated by the neglect of conceptual and normative theorizing of the international rule of law within contemporary international legal scholarship, Denise Wohlwend analyses the moral and legal principle of the rule of law in the international legal order.

Author : Dr Vesselin Popovski
Publisher : Ashgate Publishing, Ltd.
Page : 233 pages
File Size : 42,8 Mb
Release : 2014-02-28
Category : Law
ISBN : 9781472428059

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International Rule of Law and Professional Ethics by Dr Vesselin Popovski Pdf

This book examines an interesting and relatively understudied area of the evolution of the international rule of law and the role of professional ethics. The rule of law has been gradually developed and promoted at the national level over centuries, however at the international level it has only recently received (more in rhetoric than in implementation) support from a macro perspective - developments of international rules and institutions, and from a micro perspective - ethical codes, independence and un-bias of professionals, working in international organizations and tribunals. The book offers analysis and recommends policies to strengthen the rule of law at international level to meet a major global governance demand in ensuring equity, justice, stability and consistency in international affairs.

Author : Henry Schermers,Niels Blokker
Publisher : Springer
Page : 1354 pages
File Size : 50,5 Mb
Release : 1995-07-27
Category : Law
ISBN : STANFORD:36105060544744

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International Institutional Law:Unity Within Diversity by Henry Schermers,Niels Blokker Pdf

A detailed comparative study of the institutional law of international organizations--i.e., those rules of law which govern legal status, structure, and functioning--that examines which different or similar institutional rules exist, and how different organizations have dealt with similar institutional problems. This edition revises and updates the second edition of 1980. The text contains 12 chapters: introduction; participants; rules for international organs; policy- making and administrative organs; advisory and supervisory organs; decision-making process; financing; legal order; interpretation and settlement of disputes; supervision and sanctions; legal status; and external relations. The authors jointly teach a specialized course on international institutional law at the Law Faculty, U. of Leiden. Annotation copyright by Book News, Inc., Portland, OR

Author : Michael Zurn,Andre Nollkaemper,Randall P. Peerenboom
Publisher : Cambridge University Press
Page : 401 pages
File Size : 50,6 Mb
Release : 2012-06-18
Category : Law
ISBN : 9781107024717

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Rule of Law Dynamics by Michael Zurn,Andre Nollkaemper,Randall P. Peerenboom Pdf

This volume explores the various strategies, mechanisms, and processes that influence rule of law dynamics across borders and the national/international divide, illuminating the diverse paths of influence. It shows to what extent, and how, rule of law dynamics have changed in recent years, especially at the transnational and international levels of government. To explore these interactive dynamics, the volume adopts an interdisciplinary approach, bringing together the normative perspective of law with the analytical perspective of social sciences. The volume contributes to several fields, including studies of rule of law, law and development, and good governance; democratization; globalization studies; neo-institutionalism and judicial studies; international law, transnational governance, and the emerging literature on judicial reforms in authoritarian regimes; and comparative law (Islamic, African, Asian, Latin American legal systems).

Author : Monika Heupel,Theresa Reinold
Publisher : Springer
Page : 249 pages
File Size : 45,7 Mb
Release : 2016-11-08
Category : Political Science
ISBN : 9781349950539

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The Rule of Law in Global Governance by Monika Heupel,Theresa Reinold Pdf

This book explores whether the co-existence of (partially) overlapping and sometimes competing layers of authority, which characterizes today's global order, undermines or rather strengthens efforts to promote the rule of law on a global scale. Heupel and Reinold argue that whether multi-level governance and global legal pluralism have beneficial or detrimental effects on the international rule of law depends on specific scope conditions. Among these are the mobilization of powerful states and courts, as well as the fit between soft law and hard law arrangements. The volume comprises seven case studies written by International Relations and International Law scholars. Bridging the gap between political science and legal scholarship, the volume enables an interdisciplinary perspective on the emergence of an international rule of law. It also provides much needed empirical research on the implications of multi-level governance and global legal pluralism for the rule of law beyond the nation state.

Author : Carmen E. Pavel
Publisher : Oxford University Press
Page : 217 pages
File Size : 49,8 Mb
Release : 2021-03-30
Category : Business & Economics
ISBN : 9780197543917

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Law Beyond the State by Carmen E. Pavel Pdf

Despite growing skepticism about the value of international law and its compatibility with state sovereignty, states should improve and strengthen international law because it makes a critical contribution to an international order characterized by peace and justice. In recent years, international agreements and institutions have become particularly contentious. China is refusing to abide by the decision of an international arbitration decision implementing UNCLOS rules in the South China Sea, and Donald Trump has withdrawn the US from international agreements including the Paris Agreement on Climate Change of 2015. Such retreats expose widespread ambivalence towards cooperation through international law, and reverse the gains made by long-standing processes of legalization. In Law Beyond the State, Carmen Pavel responds to the ambivalent attitude states have with respect to international law by offering moral and legal reasons for them to improve, strengthen, and further institutionalize its capacity. She argues that the same reasons which support the development of law at the domestic level, namely the cultivation of peace, the protection of individual rights, the facilitation of complex forms of cooperation, and the resolution of collective action problems, also support the development of law at the international level. The argument thus engages in institutional moral reasoning. Pavel shows why it should matter to individuals that their states are part of a rule-governed international order. When states are bound by common rules of behavior, their citizens reap the benefits. International law encourages states to protect individual rights and provides a forum where they can communicate, negotiate, and compromise on their differences in order to protect themselves from outside interference and pursue their domestic policies more effectively, including those directed at enhancing their citizen's welfare. Thus, Pavel shows that international law makes a critical, irreplaceable, and defining contribution to an international order characterized by peace and justice. At a time when challenges of cooperation beyond state boundaries include climate change, health epidemics, and large-scale human rights violations, Law Beyond the State issues a powerful reminder of the tools we have to address them.

Author : John F. Murphy
Publisher : Unknown
Page : 378 pages
File Size : 51,6 Mb
Release : 2004
Category : Electronic
ISBN : OCLC:488492204

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The United States and the Rule of Law in International Affairs by John F. Murphy Pdf

Author : Carmen E. Pavel
Publisher : Oxford University Press, USA
Page : 241 pages
File Size : 42,8 Mb
Release : 2015
Category : Law
ISBN : 9780199376346

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Divided Sovereignty by Carmen E. Pavel Pdf

Divided Sovereignty explores new institutional solutions to the old question of how to constrain states when they commit severe abuses against their own citizens. The book argues that coercive international institutions can stop these abuses and act as an insurance scheme against the possibility of states failing to fulfill their most basic sovereign responsibilities. It thus challenges the long standing assumption that collective grants of authority from the citizens of a state should be made exclusively for institutions within the borders of that state. Despite worries that international institutions such as the International Criminal Court could undermine domestic democratic control, citizens can divide sovereign authority between state and international institutions consistent with their right of democratic self-governance. States are imperfect, incomplete political forms. They presuppose a monopoly of coercive power and final jurisdictional authority over their territory. These twin elements of sovereignty and authority can be used by state leaders and political representatives in ways that stray significantly from the interests of citizens. In the most extreme cases, when citizens become inconvenient obstacles in the pursuit of the self-serving ambitions of their leaders, state power turns against them. Genocide, torture, displacement, and rape are often the means of choice by which the inconvenient are made to suffer or vanish. The book defends universal, principled limits on state authority based on jus cogens norms, a special category of norms in international law that prohibit violations of basic human rights. Against skeptics, it argues that many of the challenges of building an additional layer of institutions can be met if we pay attention to the conditions of institutional success, which require (1) experimentation with different institutional forms, (2) limitations on the scope of authority for coercive international institutions through clear, narrow, well defined mandates, and (3) understanding the limits of existing knowledge on institutional design, which should make us suspicious of proposals for grand institutional schemes, such as global democracy.

Author : Armin Bogdandy,Rüdiger Wolfrum,Jochen Bernstorff,Philipp Dann,Matthias Goldmann
Publisher : Springer Science & Business Media
Page : 990 pages
File Size : 48,5 Mb
Release : 2010-02-11
Category : Law
ISBN : 9783642045318

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The Exercise of Public Authority by International Institutions by Armin Bogdandy,Rüdiger Wolfrum,Jochen Bernstorff,Philipp Dann,Matthias Goldmann Pdf

The concept of global governance, which first emerged in the social s- ences, has triggered different responses in the discipline of law. This volume contains our proposal. It approaches global governance from a public law perspective which is centered around the concept of inter- tional public authority and relies on international institutional law for the legal conceptualization of global governance phenomena. This proposal results from a larger project which started in 2007. The project is a collaborative effort of the directors of the Max Planck Ins- tute for Comparative Public Law and International Law, research f- lows and friends of the Institute, as well as eminent members of the Law Faculty of the University of Heidelberg. Most of the materials contained in this volume were first published in the November 2008 - sue of the German Law Journal (http://www.germanlawjournal.com). We would like to express our sincere gratitude to the journal’s editors in chief, Professors Russell Miller (Washington and Lee University School of Law) and Peer Zumbansen (Osgoode Hall Law School, York U- versity, Toronto), for the opportunity to publish our papers as a special issue of their journal. The 2008-2009 University of Idaho College of Law German Law Journal student editors deserve special recognition for their hard and diligent work during the publication process. At the Institute, Eva Richter, Michael Riegner and the editorial staff of this publication series were instrumental in bringing this publication to fr- tion.

Author : Alan Bloomfield,Shirley V. Scott
Publisher : Taylor & Francis
Page : 260 pages
File Size : 40,5 Mb
Release : 2016-10-04
Category : Political Science
ISBN : 9781317479574

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Norm Antipreneurs and the Politics of Resistance to Global Normative Change by Alan Bloomfield,Shirley V. Scott Pdf

Over recent decades International Relations scholars have investigated norm dynamics processes at some length, with the ‘norm entrepreneur’ concept having become a common reference point in the literature. The focus on norm entrepreneurs has, however, resulted in a bias towards investigating the agents and processes of successful normative change. This book challenges this inherent bias by explicitly focusing on those who resist normative change - norm ‘antipreneurs’. The utility of the norm antipreneur concept is explored through a series of case studies encompassing a range of issue areas and contributed by a mix of well-known and emergent scholars of norm dynamics. In examining the complexity of norm resistance, particular attention is paid to the nature and intent of the actors involved in norm-contestation, the sites and processes of resistance, the strategies and tactics antipreneurs deploy to defend the values and interests they perceive to be threatened by the entrepreneurs, and whether it is the entrepreneurs or the antipreneurs who enjoy greater inherent advantages. This text will therefore be of interest to scholars and students of International Relations, International Law, Political Science, Sociology and History.

Author : Christopher May,Adam Winchester
Publisher : Edward Elgar Publishing
Page : 576 pages
File Size : 40,8 Mb
Release : 2018-08-31
Category : Law
ISBN : 9781786432445

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Handbook on the Rule of Law by Christopher May,Adam Winchester Pdf

The discussion of the norm of the rule of law has broken out of the confines of jurisprudence and is of growing interest to many non-legal researchers. A range of issues are explored in this volume that will help non-specialists with an interest in the rule of law develop a nuanced understanding of its character and political implications. It is explicitly aimed at those who know the rule of law is important and while having little legal background, would like to know more about the norm.