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Rule of Law Dynamics

Rule of Law Dynamics In an Era of International and Transnational Governance

  • Author:
  • Publisher: Cambridge University Press
  • ISBN: 9781107024717
  • Published In: June 2012
  • Format: Hardback , 396 pages
  • Jurisdiction: International ? Disclaimer:
    Countri(es) stated herein are used as reference only

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  • Description 
  • Contents 
  • Author 
  • Details

    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).

    • Focuses of rule of law at the international and transnational levels, as well as at the domestic level, whereas most volumes emphasize only rule of law at the domestic level within states

    • Provides a new analytic framework for understanding the dynamics of rule of law, discussing rule of law promotion, rule of law diffusion and rule of law conversion (i.e. the reception of rule of law), whereas most works focus mainly on rule of law promotion and to a lesser extent conversion/reception

    • Provides constructive advice for policymakers and those working in the rule of law promotion industry

  • List of Tables
    vii
    List of Figures
    ix
    List of Contributors
    xi
    Preface and Acknowledgments
    xv
    List of Abbreviations
    xvii
    Introduction: Rule of Law Dynamics in an Era of International and Transnational Governance
    Michael Zürn, André Nollkaemper, and Randall Peerenboom
    1
    Part I.   Rule of Law at the International, National, and Transnational Levels
     
    1         Measuring the Quality of Rule of Law: Virtues, Perils, Results
    Wolfgang Merkel
    21
    2         International Law and the Rule of Law at the National Level
    Helmut Philipp Aust and Georg Nolte
    48
    3         Constraining International Authority through the Rule of Law: Legitimatory Potential and Political Dynamics
    Tim Gemkow and Michael Zürn
    68
    4         New Modes of Governance and the Rule of Law: The Case of Transnational Rule Making
    Gunnar Folke Schuppert
    90
    Part II.  Actors: Strategies and Responses
     
    5         A Comparison of the Rule of Law Promotion Policies of Major Western Powers
    Frank Schimmelfennig
    111
    6         Rule of Law Promotion through International Organizations and NGOs
    Monika Heupel
    133
    7         Combating Transnational Crime: The Role of Learning and Norm Diffusion in the Current Rule of Law Wave
    Paulette Lloyd, Beth A. Simmons, and Brandon M. Stewart
    153
    8         Rule of Law Challenges in Middle-Income Countries and Donor Approaches to Addressing Them
    Linn Hammergren
    181
    9         Civil–Military Cooperation in Building the Rule of Law
    Tilmann J. Röder
    206
    10        Developing a Theoretical Framework for Evaluating Rule of Law Promotion in Developing Countries
    John Gillespie
    233
    11        Rule of Law Promotion after Conflict: Experimenting in the Kosovo Laboratory
    Richard Zajac Sannerholm
    252
    12        The ICC's Intervention in Uganda: Which Rule of Law Does It Promote?
    Sarah M. H. Nouwen
    278
    Conclusion: From Rule of Law Promotion to Rule of Law Dynamics
    Randall Peerenboom, Michael Zürn, and André Nollkaemper
    305
    Bibliography
    325
    Index
    365
  • Michael Zurn
    Wissenschaftszentrum Berlin für Sozialforschung

    Andre Nollkaemper
    Universiteit van Amsterdam

    Randy Peerenboom
    La Trobe University, Victoria

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