4 Is there an emerging international rule of law?

2005 ◽  
Vol 13 (S1) ◽  
pp. 73-91 ◽  
Author(s):  
BERNHARD ZANGL
Keyword(s):  
International Trade ◽  
International Law ◽  
Empirical Evidence ◽  
Rule Of Law ◽  
Dispute Settlement ◽  
Environmental Law ◽  
Fundamental Transformation ◽  
International Rule

An international rule of law complementing modern states' domestic rule of law seems to be emerging. At least in the four issue areas of international law considered here – international trade, security, labour, and environmental law – empirical evidence suggests that relevant dispute settlement procedures have been judicialized and their use by complainants as well as their acceptance by defendants have increased in practice. Albeit still far from what we are used to from the domestic rule of law, the emergence of an international rule of law can be regarded as indicative of a fundamental transformation of modern states.

The International Rule of Law

2019 ◽  
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
Global Justice ◽  
Structural Changes ◽  
Environmental Law ◽  
World Order ◽  
Legal Norms ◽  
The Impact ◽  
International Rule

The authors examine the role of international law in a changing global order. Can we, under the current significantly changing conditions, still observe an increasing juridification of international relations based on a universal understanding of values, or are we, to the contrary, rather facing a tendency towards an informalization or a reformalization of international law, or even an erosion of international legal norms? Would it be appropriate to revisit classical elements of international law in order to react to structural changes, which may give rise to a more polycentric or non-polar world order? Or are we simply observing a slump in the development towards an international rule of law based on a universal understanding of values? In eleven chapters and eleven comments, distinguished scholars reflect on how to approach these questions from historical, system-oriented and actor-centered perspectives. The contributions engage with the rise of European international law since the 17th century, the decay of the international rule of law, compliance as an indicator for the state of international law, international law and informal law-making in times of populism, the rule of environmental law and complex problems, human rights in Europe in a hostile environment, the influence of the BRICS states on international law, the impact of non-state actors on international law, international law’s contribution to global justice, the contestation of value-based norms and the international rule of law in light of legitimacy claims.

An International Rule of Law

2021 ◽  
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
Legal System ◽  
Rule Based ◽  
The Rule Of Law ◽  
Globalizing World ◽  
International Legal System ◽  
Elusive Concept ◽  
International Rule ◽  
Selection Of

The “international rule of law” is an elusive concept. Under this heading, mainly two variations are being discussed: The international rule of law “proper” and an “internationalized” or even “globalized” rule of law. The first usage relates to the rule of law as applied to the international legal system, that is the application of the rule of law to those legal relations and contexts that are governed by international law. In this context, the term international rule of law is often mentioned as a catchphrase which merely embellishes a discussion of international law tout court. The international rule of law is here mainly or exclusively used as shorthand for compliance with international law, a synonym for a “rule based international order,” or a signifier for the question whether international law is “real” law. This extremely loose usage of the term testifies its normative and symbolic appeal although it does not convey any additional analytic value. The second usage of the rule of law in international contexts covers all other aspects of the rule of law in a globalizing world, notably rule of law promotion in its widest sense. The increasing interaction between national and international law and between the diverse domestic legal orders (through law diffusion and reception, often again mediated by international law) is a manifestation of the second form of the rule of law. The structure of this bibliography roughly follows this bifurcation of the Rule of Law Applied to the International Legal System and the Rule of Law in a Globalizing World. Next to these two main parts, three further, separate sections discuss questions that arise at the intersection of the two variants or are of crosscutting importance to the rule of law as a whole. This includes sections on the Rule of Law as a UN Project: A Selection of UN Documents on the Rule of Law, the Interaction between the International and Domestic Rule(s) of Law, and the (International) Rule of Law: A Tool of Hegemony?.

Introduction

2019 ◽  
pp. 1-18
Author(s):  
Ian Hurd
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
Social Practice ◽  
Good Governance ◽  
World Politics ◽  
International Conflicts ◽  
Legal Forms ◽  
The One ◽  
International Rule

This introductory chapter provides an overview of the politics of the international rule of law. The big debates in world politics today are inseparable from international law. Controversy over what is and is not legal is standard fare in international conflicts, and commitment to rule of law is presumed a marker of good governance. Yet the politics of the international rule of law are not so simple and are rarely investigated directly. This book shows that international law is properly seen not as a set of rules external to and constraining of state power but rather as a social practice in which states and others engage. They put the political power of international law to work in the pursuit of their goals and interests. Indeed, governments use international law to explain and justify their choices. This is both constraining and permissive. On the one hand, states must fit their preferences into legal forms. On the other hand, they are empowered when they can show their choices to be lawful. Thus, international law makes it easier for states to do some things (those that can be presented as lawful) and harder to do others (those that appear to be unlawful). The book then looks at how the concept of international law is used in world politics and to what ends.

The Rise and Decline of the International Rule of Law and the Job of Scholars

2019 ◽  
pp. 56-65
Author(s):  
Anne Peters
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
John Rawls ◽  
Political Climate ◽  
Scholarly Writing ◽  
Economic Climate ◽  
International Scholarship ◽  
Research Questions ◽  
Object Of Study ◽  
International Rule

International law feeds on preconditions which it cannot guarantee itself. International scholarship, too, must come to grips with pre-conditions and existing parameters over which it has no control itself. But such scholarship must not ‘succumb’ to these factual and ideational realities by adapting its methods and findings to any given political, social, and economic climate. It is the job of international legal scholars to produce ideas in a spirit of realist utopianism (John Rawls). Depending on the existing parameters, these ideas are apt to shape attitudes and actions, or not. Such scholarship also needs to distance itself from its object of study in order not to lose its capacity to criticize the law and the practice. How far exactly scholarly writing should transcend or keep aloof from the prevailing political climate and from concerns of feasibility depends on the research questions under discussion and is a matter of judgment. The style of scholarship suggested here is illustrated by the work of three eminent scholars whose careers continued through different political eras more or less favourable to the international rule of law: Hersch Lauterpacht, Antonio Cassese, and Josef Kunz.

Implementation of the Good Governance Principles on the International Level

2019 ◽  
pp. 263-269
Author(s):  
Henk Addink
Keyword(s):  
International Law ◽  
International Institutions ◽  
Dispute Settlement ◽  
Good Governance ◽  
Environmental Law ◽  
Administrative Law ◽  
Transition Elements ◽  
Legitimate Expectation ◽  
Wto Dispute Settlement ◽  
Policy Fields

By the end of the twentieth century, the concept of good governance was applied in specific policy fields like international environmental law and in the more general frame of policy by the international organizations. The good governance perspective has also been developed in the context of globalizing administrative law. At present, the implementation of good governance has a much broader meaning than it did twenty years ago. The concept is clearly in development and transition. Elements such as propriety, transparency, participation, accountability, accountability and human rights have been added to the concept. All these elements have been incorporated into several documents over the course of time. Within the framework of the Council of Europe, the ECtHR develops its own interpretation of the principle of good governance in the review of government action. We see that the principles of international law and more specifically the principle of effectiveness and the principle of legitimate expectation have been applied by the WTO Dispute Settlement Body. At the grassroots of international law, good governance has been accepted as a principle of law, in national legal systems, and from there in regional and international institutions. So, it functions as a norm for the administration and the court uses elements of the principle in its review. The concept is applied as such and in the different policy fields. In describing the conditions for principles of international law we conclude that the good governance principle is a principle of international law.

The Law of Nations in Global History

2017 ◽  
Author(s):  
C. H. Alexandrowicz
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
Global History ◽  
Law Of Nations ◽  
The World ◽  
History Of ◽  
History Of Law ◽  
History Of International Law ◽  
Regional Histories ◽  
International Rule

In recent years there has been a growing awareness of the need to write a global history of law of nations that disengages from parochial national and regional histories. It is hoped that these developments will bring centre-stage the work of Charles Henry Alexandrowicz (1902–75), a scholar who was among the first to conceptualize the history of international law as that of intersecting histories of different regions of the world. Alexandrowicz was aware that, while the idea of writing a global history of law of nations is liberating, there is no guarantee that it will not become the handmaiden of contemporary and future imperial projects. What were needed were critical global histories that provincialize established Eurocentric historiographies and read them alongside other regional histories. This book aims to make Alexandrowicz’s writings more widely available and read. The Introduction to this book sums up the context, issues, problems, and questions that engaged Alexandrowicz, as well as some of his central theses. His writings are a gold mine waiting to be explored. Alexandrowicz contributed to the effort of promoting the idea of international rule of law by rejecting a Eurocentric history and theory of international law.

United Nations Targeted Sanctions, the International Rule of Law and the European Court of Justice's Judgment in Kadi and al-Barakaat

2010 ◽  
Vol 79 (1) ◽  
pp. 113-140 ◽  
Author(s):  
Fredrik Stenhammar
Keyword(s):  
United Nations ◽  
International Law ◽  
Rule Of Law ◽  
Financial Assets ◽  
The Rule Of Law ◽  
Community Law ◽  
European Court ◽  
Economic Warfare ◽  
Domestic Law ◽  
International Rule

AbstractThis article analyzes the judgment of the European Court of Justice in the Kadi and al-Barakaat case from the perspective of international law and the rule of law among nations. The conclusions drawn are with regard to international law and thus not necessarily decisive for the application of domestic law and Community law to the issue of targeted United Nations (UN) sanctions. It is argued that targeted UN sanctions in the form of blacklisting and freezing of financial assets are lawful under applicable international law as a species of economic warfare. Even if, contrary to expectation, they were unlawful when first introduced, consent and active participation on part of the European states mean that they are in all likelihood precluded from protesting against them now. The European Community Court's judgment cannot affect the validity under international law of targeted UN sanctions. If it turns out that the UN sanctions can no longer be accommodated within Community law, which is an implication but by no means an immediate result of the judgment, it will be for each state to apply its national legislation and continue to implement the sanctions, disregarding Community law if necessary. This would be a serious test of the European states' professed devotion to international law.

How to Reform the UN System? Constitutionalism, International Law, and International Organizations

1997 ◽  
Vol 10 (3) ◽  
pp. 421-474 ◽  
Author(s):  
Ernst-Ulrick Petersmann
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
International Organizations ◽  
Dispute Settlement ◽  
Constitutional Theory ◽  
Basic Principles ◽  
The Rule Of Law ◽  
Wto Dispute Settlement ◽  
International Constitutionalism ◽  
Gatt 1947

The UN system requires far-reaching changes so as to achieve the objectives of the UN Charter (e.g. with regard to human rights and maintenance of peace) more effectively. European integration law suggests that ‘international constitutionalism’ offers the most effective approach for strengthening the rule of law and peaceful cooperation among democracies. Section 2 outlines basic principles for a constitutional theory of international law. Section 3 discusses the difficulties of ‘constitutionalizing’ the state-centered and power-oriented concepts of the UN Charter. Section 4 explains why the successful Uruguay Round strategy for replacing the old GATT 1947 by the new World Trade Organization (WTO) – notably the ‘package deal negotiations’, the incorporation of other worldwide treaties into WTO law and the mandatory WTO dispute settlement and enforcement systems – offer important lessons for the needed reforms of the UN Charter.

REFLECTIONS OF CUSTOMARY INTERNATIONAL LAW: THE AUTHORITY OF CODIFICATION CONVENTIONS AND ILC DRAFT ARTICLES IN INTERNATIONAL LAW

2014 ◽  
Vol 63 (3) ◽  
pp. 535-567 ◽  
Author(s):  
Fernando Lusa Bordin
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
International Organizations ◽  
Legal Reasoning ◽  
Customary International Law ◽  
Progressive Development ◽  
State Practice ◽  
Political Ideal ◽  
International Law Commission ◽  
International Rule

AbstractCodification conventions and draft articles completed by the International Law Commission are often—and increasingly—invoked by courts, tribunals, governments and international organizations as ‘reflections of customary international law’. This article discusses the factors explaining the authority that these ‘non-legislative codifications’ have come to enjoy in international legal reasoning. Moving beyond the traditional explanations of codification conventions as evidence of State practice and ILC draft articles as the teaching of publicists, it considers how, against the backdrop of the uncertainty of customary international law, institutional factors (relating to authorship, representation and procedure) and textual factors (including prescriptive form and the absence of a distinction between ‘codification’ and ‘progressive development’) converge to convey the image that the resulting texts constitute the most authoritative restatement of the existing law. It then assesses this phenomenon in light of the political ideal of the international rule of law. While non-legislative codifications contribute to enhancing the clarity, consistency and congruence of international law, the fact that they may portray novel rules as reflecting existing law inevitably raises legality concerns.

scholarly journals Penyelesaian Sengketa Melalui Upaya Litigasi di Bidang Penegakan Hukum Lingkungan Keperdataan

2019 ◽  
Vol 4 (2) ◽  
pp. 163
Author(s):  
I Ketut Tjukup ◽  
I Gusti Ayu Agung Ari Krisnawati
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Dispute Settlement ◽  
Environmental Law ◽  
Strict Liability ◽  
Class Action ◽  
The Rule Of Law ◽  
Diffi Cult ◽  
The Law ◽  
Judicial Procedure

Environmental dispute settlement through litigation lines is strictly regulated in Law No. 32 of 2009 on the Protection and Environmental Management. The former law pointed HIR and RBg, PERMA No. 1 2002 Event Class Action. HIR and RBg did not set a class action, strict liability, legal standing, citizen lawsuit. Rules pluralistic diffi cult as the legal basis of environmental law dispute resolution. Problematic in civil law will cause blurring of norms, conflict norms, norms vacancy, will bring the consequences of law enforcers. If the law enforcement believes the law is the law, so that the rule of law, justice, expediency, which is the purpose of the law, it is diffi cult to realize. Based on legal issues cause problems pluralistic level, the rules, while the class action always demands are not accepted on the grounds HIR, RBg not set. Based on juridical issues, sociological and philosophical issue of whether arrangements formulated civil judicial procedure in civil Environmental Law Enforcement has been inadequate. Normative legal research writing method and in qualitative analysis to obtain quality legal materials. According to Law No. 48 the Year 2009 on Judicial Power, with the principle of ius curia Novit, a judge can do rechtsvinding. The rule of law in the enforcement raises multi pluralistic interpretation.Keywords: 

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