scholarly journals Order at the margins: The legal construction of interface conflicts over time

2020 ◽  
Vol 9 (2) ◽  
pp. 343-363
Author(s):  
NICO KRISCH ◽  
FRANCESCO CORRADINI ◽  
LUCY LU REIMERS
Keyword(s):  
Human Rights ◽  
Case Studies ◽  
Rule Of Law ◽  
Social Processes ◽  
Legal Order ◽  
Economic Governance ◽  
Global Order ◽  
The Rule Of Law ◽  
International Legal Order ◽  
Over Time

AbstractLegal multiplicity in the global realm, and the interface conflicts that ensue from it, are widely thought to have a destabilising effect, blocking the path towards a more integrated and perhaps constitutionalised global order. While this diagnosis may appear plausible if interface conflicts are seen as snapshots and rivalrous institutions as the main actors, it is less convincing if we regard these conflicts as part of social processes of contestation that define the relations between different norms over time. It is also less plausible if actors with other orientations – norm irritation or navigation – are taken into view. This article works towards a more encompassing account, both temporally and as regards actor orientations. It uses two case studies of conflicts at the interface between economic governance and human rights to probe the plausibility of its conjectures. Both cases appear as instances of prolonged norm contestation which, despite continued irresolution of the underlying conflicts as a matter of law, have resulted in a significant reorientation and (partial) consolidation around new interpretations. This suggests that interface conflicts, rather than destabilising the rule of law, may also open a pathway for change in the otherwise rigid structure of the international legal order

scholarly journals The Rule of Law Framework in the European Union: Its Rationale, Origins, Role and International Ramifications

2021 ◽  
pp. 305-331
Author(s):  
Artur Nowak-Far
Keyword(s):  
European Union ◽  
Human Rights ◽  
Rule Of Law ◽  
The European Union ◽  
Member States ◽  
The Rule Of Law ◽  
Eu Member States ◽  
International Legal Order ◽  
High Level ◽  
The Eu

AbstractAt present, the European rule of law enforcement framework under Article 7 TEU (RLF) is vulnerable to unguaranteed, discretionary influences of the Member States. This vulnerability arises from its procedural format which requires high thresholds in decision-making with the effect that this procedure is prone to be terminated by the EU Member States likely to be scrutinized under it, if only they collude. Yet, the Framework may prove effective to correct serious breaches against human rights (in the context of ineffective rule of law standards). The European Commission is bound to pursue the RLF effectiveness for the sake of achieving relative uniformity of application of EU law (at large), and making the European Union a credible actor and co-creator of international legal order. The RLF is an important tool for the maintenance of relative stability of human rights and the rule of law in the EU despite natural divergence propensity resulting from the procedural autonomy of the EU Member States. By achieving this stability, the EU achieves significant political weight in international dialogue concerning human rights and the rule of law and preserves a high level of its global credibility in this context. Thus, RLF increases the EU’s effectiveness in promoting the European model of their identification and enforcement.

HUMAN RIGHTS AND THE LEGITIMACY OF THE INTERNATIONAL ORDER

Legal Theory ◽  
2008 ◽  
Vol 14 (1) ◽  
pp. 39-70 ◽  
Author(s):  
Allen Buchanan
Keyword(s):  
Human Rights ◽  
Dynamic Process ◽  
Practical Reasoning ◽  
International Order ◽  
Legal Order ◽  
Legal Institutions ◽  
Epistemic Virtues ◽  
International Legal Order ◽  
Human Rights Norms ◽  
Over Time

The international legal order is beginning to take human rights seriously, yet sound justifications for claims about human rights are conspicuously absent. Philosophers have begun to respond to this “justification deficit” by developing theories of human rights. Although a philosophical conception of human rights is needed, it would not be sufficient. The justification of human rights is a dynamic process in which a provisional philosophical conception of human rights both guides and is fleshed out by public processes of practical reasoning structured by legal institutions. Whether the “justification deficit” can be remedied depends not only upon the content of human rights norms as set out in the major conventions and the arguments philosophers can marshal to justify them but also upon the epistemic virtues of the institutions through which the norms are specified, contested, and revised over time.

scholarly journals К вопросу о понятии и сущности правового государства

2021 ◽  
Vol 70 (6) ◽  
pp. 64-67
Author(s):  
И.И. Ларинбаева ◽  
А.Р. Насыров ◽  
Р.А. Иксанов
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
Legal Order ◽  
The Rule Of Law ◽  
International Legal Order ◽  
General Principles Of Law ◽  
International Legal System

The article examines the issues of the formation of the rule of law, the influence of general principles of law on this process, as well as the importance of constitutionalism on the development of the concept of the rule of law. It is noted that the model of the rule of law is embedded in the construction of the international legal system. The conclusion is substantiated that the essence of the rule of law is reduced to strengthening the systemic elements and the consistency of constitutional processes and international legal order.

scholarly journals Особенности формирования правового государства в России

2021 ◽  
Vol 70 (6) ◽  
pp. 67-70
Author(s):  
И.И. Ларинбаева ◽  
А.Р. Насыров
Keyword(s):  
Rule Of Law ◽  
Legal Order ◽  
The Rule Of Law ◽  
International Legal Order ◽  
General Principles Of Law

The article examines certain issues of the formation of the rule of law in Russia, problematic aspects of the formation of the rule of law, as well as the significance and characteristics of the development of the rule of law. It is noted that today, there is no clear guidance for establishing general principles of law and building a legal state. The conclusion is substantiated that the essence of the rule of law is reduced to strengthening the systemic elements and the consistency of constitutional processes and international legal order

scholarly journals The Operationalisation of the Rule of Law in the EU Legal Order

2019 ◽  
Vol 2 (2) ◽  
pp. 20-36
Author(s):  
Joshua Chung
Keyword(s):  
Human Rights ◽  
European Integration ◽  
Rule Of Law ◽  
Liberal Democracy ◽  
Case Law ◽  
Central Place ◽  
Legal Order ◽  
The Rule Of Law ◽  
European Project ◽  
The Eu

  The European project was founded on the advancement of liberal democracy where the rule of law and respect for human rights have a central place. In a period of ‘instability’ in the Union where organisational changes to national judiciaries have raised fears over rule of law backsliding amongMember States threatening the functioning of the EU’s legal order, the main aim of this article is to explore the operationalisation of the rule of law as a founding value of the EU and its connection to European integration. To demonstrate that there is a developing jurisprudence in the EU legal order towards increased justiciability ofthe rule oflaw. The article in part 2 examines the proposition that the operationalisation of the rule of law and European integration is linked to a substantive rights based conception of the rule of law as a basis for the jurisprudential shift. Part 3 looks at the normative arguments for protecting the rule of law in the EU. Finally, Part 4 analyses the operationalisation of the rule of law in the jurisprudence of the CJEU, in which it is argued there is three lines of argumentation for the operationalisation of the rule of law in the case law of the CJEU.

scholarly journals International Political Authority: On the Meaning and Scope of a Justified Hierarchy in International Relations (Voelsen & Schettler, 2019)

2021 ◽  
Vol 9 (1) ◽  
pp. 95-99
Author(s):  
Bogdana Sybikowska
Keyword(s):  
Human Rights ◽  
International Relations ◽  
Detailed Analysis ◽  
Rule Of Law ◽  
International Organizations ◽  
Political Authority ◽  
The State ◽  
Global Order ◽  
The Rule Of Law ◽  
International Authority

Abstract This article is a review of a paper titled International political authority: on the meaning and scope of a justified hierarchy in international relations written by Daniel Voelsen and Leon Schettler. The growing power and authority of international organizations has been perceived by many as a sign of a new global order where the concept of sovereignty of the state is replaced with the constitutional principles of democracy, human rights and the rule of law. Recently, a tendency has been observed to consider international organizations as autonomous, legitimate institutions possessing political authority. However, it is rather challenging to find one and the complex understanding of political authority that encompasses all components that construct it. Voelsen and Schettler offer a detailed analysis of the concepts of international authority that are present in the literature and even criticize them. In this article, the conducted research is reviewed and scrutinized in detail.

The Role of the East African Court of Justice in the Advancement of Human Rights: Reflections on the Creation and Practice of the Court

2019 ◽  
Vol 27 (3) ◽  
pp. 359-377
Author(s):  
Mihreteab Tsighe Taye
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
East African ◽  
East African Community ◽  
The Rule Of Law ◽  
Court Of Justice ◽  
African Community ◽  
The Creation ◽  
Over Time

International courts (ICs) like any other institution evolve over time. They constantly evolve responding to socio-political dynamics. The East African Court of Justice (EACJ) has evolved to deal with the rule of law and human rights-related cases. Although the jurisprudence of the EACJ has been studied, the creation of the court and the origin of the provisions in which the court relies to decide human rights-related matters has largely been unexplored. This article presents the first empirical analysis of the creation of the EACJ and the processes by which the provisions of the rule of law and human rights entered the Treaty for the establishment of the East African Community (EAC). The article also examines the practice of the EACJ to show its evolution over time.

The Rule of Law, the International Legal Order, and the Foreign Policy of Small States

2020 ◽  
Vol 10 (1) ◽  
pp. 50-67
Author(s):  
Sundaresh MENON
Keyword(s):  
Rule Of Law ◽  
Common Good ◽  
Legal Order ◽  
Small States ◽  
The Rule Of Law ◽  
Major Powers ◽  
International Legal Order ◽  
International Obligations ◽  
The Common ◽  
International Rule

AbstractThe rule of law bears a special meaning in the context of the international legal order, where there is no clear vertical hierarchy or sovereign. The international rule of law strives to curb the excess autonomy of individual states for the common good. Although there is considerable scepticism about whether the international rule of law actually exists, states largely do behave as if international law is truly “law”, and international obligations are also more enforceable now than ever before. But there have been and will be moments when the international rule of law is interrupted by major powers. In an interdependent world that is both capable of and prone to inflicting unimaginable destruction, the strategy for small states unable to defend themselves directly is to create the conditions that will best promote their survival, and that is accomplished by pursuing and promoting the rule of law both domestically and internationally.

scholarly journals INTERNATIONAL LAW AND REVOLUTION IN THE 21ST CENTURY

2019 ◽  
Vol 4 (2) ◽  
Author(s):  
Emmanuel Obikwu
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
Case Law ◽  
Legal Order ◽  
Strict Sense ◽  
The Rule Of Law ◽  
National Courts ◽  
Relevant Today ◽  
International Legal Order ◽  
Coups D'etat

This article argues on the continued significance of Kelsen’s theory of the grundnorm and revolution in international law. It urges that revolutions and coups d’etat will continue to occur in the international legal order. That criticisms of Kelsen’s thought on this issue notwithstanding, Kelsen’s arguments on successful revolutions and the shift in the grundnorm is still as relevant today as it was when first propounded. A case of study of Nigeria is used, however this is carried out against a backdrop of developments internationally. Military take-over of governments have occurred internationally and though not adhering to the rule of law and human rights  in the strict sense, national courts and the international legal order must continue to take account of them.  Nigeria under military from 1966 to 1999 underwent several coups. Based on this developments across the globe, the received wisdom of Kelsen is aptly defended in this article through an examination of case law and jurisprudence.  

Mondialisation et état de droit: quelques réflexions sur la normativité technologique

1997 ◽  
Vol 34 ◽  
pp. 233-248
Author(s):  
Katia Boustany ◽  
François Crépeau ◽  
Pierre Mackay ◽  
Daniel Mockle
Keyword(s):  
Rule Of Law ◽  
Self Regulation ◽  
Legal Order ◽  
Fundamental Rights ◽  
Soft Law ◽  
The Rule Of Law ◽  
Normative Framework ◽  
International Legal Order ◽  
The Relationship

SummaryThe progressive withdrawal of the state from the role of “economic agent” has had an impact upon its function of regulator. Therefore, norms production was transferred to international and national bodies favouring more non-binding normative settings (soft law) and self-regulation. This is clearly the case of the normative framework applying to technologies. As a result, the relationship between the international legal order and national legal order bears significant modifications, and fundamental rights of citizens may also be affected within democracies based on the rule of Law.

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