The rule of law at the national and international levels : contestations and deference / edited by Machiko Kanetake and André Nollkaemper.

Format:

Book

Contributor:

Kanetake, Machiko, editor.

Nollkaemper, André, editor.

Series:

Studies in international law (Oxford, England) ; Volume 56.

Studies in international law ; v. 56

Language:

English

Subjects (All):

International and municipal law--Congresses.

International and municipal law.

International law and human rights--Congresses.

International law and human rights.

Rule of law--Congresses.

Rule of law.

Physical Description:

1 online resource (489 pages)

Place of Publication:

Oxford ; Portland, Oregon : Hart Publishing Ltd, 2016.

Summary:

This book aims to enhance understanding of the interactions between the international and national rule of law. It demonstrates that the international rule of law is not merely about ensuring national compliance with international law. International law and institutions (eg, 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 might come at the expense of the certainty of international law, it suggests that the international rule of law can allow for 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

Contents:

Introduction

André Nollkaemper

The interfaces between the national and international rule of law : a framework paper

Machiko Kanetake

Judicial strategies and their impact on the development of the international rule of law

Veronika Fikfak

The development of the immunities of international organisations in response to domestic contestations

Mateja Steinbrück Platise

Domestic review of treaty-based international investment awards : effects of the Metalclad judgment of the British Columbia Supreme Court

Shotaro Hamamoto

National contestation of international investment law and the international rule of law

Prabhash Ranjan

Domestic non-judicial institutions in the development of the international rule of law

Rene Urueña

Interactions between domestic social norms and international law over trade dispute resolution

Ji Li

The rule of law dimensions of dialogues between national courts and Strasbourg

Birgit Peters

Three interpretive constraints on the European Court of Human Rights

Shai Dothan

Human rights, the margin of appreciation, and the international rule of law

Andrew Legg

Subsidiarity in the practice of international courts

Revisiting the reservations dialogue : negotiating diversity while preserving universality through human rights law

Ekaterina Yahyaoui Krivenko

Universality, diversity, and legal certainty: cultural diversity in the dialogue between the cedaw and states parties

Yvonne Donders and Vincent Vleugel

Domestic courts under scrutiny : the rule of law as a standard (of deference) in investor-state arbitration

Hege Elisabeth Kjos

The rule of law at the national and international levels in post-conflict peace agreements

Jennifer Easterday

The rule of law and the division of labour between national and international law : the case of international energy relations

Stephan Schill

The international rule of law in the cycle of contestations and deference

Machiko Kanetake and André Nollkaemper.

Notes:

"The contributions contained in the present volume were presented originally in an international seminar in March 2013 hosted by the HiiL and the Amsterdam Center for International Law (ACIL)."

Includes bibliographical references and index.

Description based on print version record and CIP data provided by publisher; resource not viewed.

ISBN:

9781474202879

147420287X

9781782256151

1782256156

OCLC:

930364395