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The Rule of Law in Global Governance

The Rule of Law in Global Governance

Author: Monika Heupel, Theresa Reinold
Publisher: Palgrave Macmillan
ISBN: 9781349950522
Published In: November 2016
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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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.

Chapter 1. Introduction: The rule of law in an era of multi-level governance and global legal pluralism

Theresa Reinold and Monika Heupel.

Part I. Secondary Rules.

Chapter 2. The primary effects of secondary rules: Institutions and multi-level governance

Charlotte Ku and Paul F. Diehl.

Chapter 3. The rules of interpretation as secondary rules: The perspective of domestic courts

Helmut Philipp Aust.

Chapter 4. The UN Security Council and the politics of secondary rule-making

Theresa Reinold.

Part II. Accountability.

Chapter 5. Accountability dynamics and the emergence of an international rule of law for detentions in multilateral peace operations

Gisela Hirschmann.