The Rule of Law at the National and International Levels: Contestations and Deference

Author: Machiko Kanetake; Andre Nollkaemper
Publisher: Hart Publishing
ISBN: 9781849466677

Published In: April 2016
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509924585

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Contents

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This book aims to enhance understanding of the interactions between the international and national rule of law. It does so by demonstrating that the international rule of law is not merely about ensuring national compliance with international law.

International law and institutions (eg.g., international human rights treaty-monitoring bodies and human rights courts) respond to national contestations and show deference to the national rule of law. While this flexibility might come at the expense of the certainty of international law, it suggests that the international rule of law in relation to the national legal order allows flexibility, national diversity and pluralism.

The essays in this volume are set against the background of increasing conflict between international and national legal norms. Moreover the book shows that international law and institutions do not always command blind national obedience to international law, but incorporate a process of adjustment and deference to national law and policies that are protected by the rule of law at the national level.

Introduction Andre Nollkaemper

1. The Interfaces Between the National and International Rule of Law: A Framework Paper Machiko Kanetake

Part I: National Contestations in the Critical Revision of the International Rule of Law

2. Judicial Strategies and their Impact on the Development of the International Rule of Law Veronika Fikfak

3. The Development of the Immunities of International Organisations in Response to Domestic Contestations Mateja Steinbruck Platise

4. Domestic Review of Treaty-Based International Investment Awards: Effects of the Metalclad Judgment of the British Columbia Supreme Court Shotaro Hamamoto

5. National Contestation of International Investment Law and the International Rule of Law Prabhash Ranjan

6. Domestic Non-Judicial Institutions in the Development of the International Rule of Law Rene Uruena

7. Interactions Between Domestic Social Norms and International Law over Trade Dispute Resolution Ji Li

Part II: International Deference to the National Legal Order

8. The Rule of Law Dimensions of Dialogues Between National Courts and Strasbourg Birgit Peters

9. Three Interpretive Constraints on the European Court of Human Rights Shai Dothan

10. Human Rights, the Margin of Appreciation, and the International Rule of Law Andrew Legg

11. Subsidiarity in the Practice of International Courts Machiko Kanetake

12. Revisiting the Reservations Dialogue: Negotiating Diversity while Preserving Universality Through Human Rights Law Ekaterina Yahyaoui Krivenko

13. Universality, Diversity, and Legal Certainty: Cultural Diversity in the Dialogue Between the CEDAW and States Parties Yvonne Donders and Vincent Vleugel

14. Domestic Courts Under Scrutiny: The Rule of Law as a Standard (of Deference) in Investor-State Arbitration Hege Elisabeth Kjos

15. The Rule of Law at the National and International Levels in Post-Conflict Peace Agreements Jennifer Easterday

16. The Rule of Law and the Division of Labour Between National and International Law: The Case of International Energy Relations Stephan W Schill Conclusion

17. The International Rule of Law in the Cycle of Contestations and Deference Machiko Kanetake and Andre Nollkaemper