Chinese Courts

2019 ◽  
pp. 233-266
Author(s):  
Congyan Cai
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
Public Policies ◽  
National Courts ◽  
National Rule ◽  
Rise Of China ◽  
The Rise Of China ◽  
International Rule

This chapter explores the context, dynamics, methods, structure of the application of international law in Chinese courts and new roles that Chinese courts seek to play in the context of the rise of China. This chapter first discusses the implications of national courts on international rule of law and national rule of law by applying international law. It then examines the factors that are relevant to the application of international law by Chinese courts. More importantly, this chapter finds how Chinese courts, in order to enhance the rise of China, structurally apply international law, thereby showing the long-term judicial policy of China toward the application of international law. This chapter inform how national courts are organized and organize themselves to coordinate with other governmental organs to pursue public policies.

scholarly journals The Interfaces between the National and International Rule of Law: The Case of UN Targeted Sanctions

2012 ◽  
Vol 9 (2) ◽  
pp. 267-338 ◽  
Author(s):  
Machiko Kanetake
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
Subject Matter ◽  
International Level ◽  
Member States ◽  
The Rule Of Law ◽  
National Rule ◽  
Political Forces ◽  
International Scholarship ◽  
International Rule

The interfaces between national and international law have significantly evolved due to subject-matter overlap between national and international law. The restriction of governmental authority by the ‘rule of law’ is no exception in this regard. International scholarship has so far largely examined the national reception of the international rule of law. Much less recognised is the international perspective: namely, as to how the international rule of law understands, accepts, or resists the national rule of law. This paper examines the international reception of national rule of law practices within a specific regulatory context of UN targeted sanctions. Member states’ exercise of authority and the UN Security Council’s listing decisions bear resemblance to each other, which creates the conditions for the interfaces between the national and international rule of law. A series of judicial contestations formally based on the national rule of law were translated into normative, theoretical, and political forces at the international level, leading to the generation and materialisation of the principles of fairness and transparency as one of the elements of the international rule of law.

DEFINING THE INTERNATIONAL RULE OF LAW: DEFYING GRAVITY?

2016 ◽  
Vol 65 (2) ◽  
pp. 277-304 ◽  
Author(s):  
Robert McCorquodale
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
International Organizations ◽  
International System ◽  
Legal Systems ◽  
The Core ◽  
National Rule ◽  
State Actors ◽  
Definition Of ◽  
International Rule

AbstractThis article aims to offer a definition of the international rule of law. It does this through clarifying the core objectives of a rule of law and examining whether the international system could include them. It demonstrates that there can be a definition of the international rule of law that can be applied to the international system. This definition of the international rule of law is not dependent on a simplistic application of a national rule of law, as it takes into account the significant differences between national and international legal systems. It seeks to show that the international rule of law is relative, rather than absolute, in its application, is not tied to the operation of the substance of international law itself, and it can apply to states, international organizations and non-state actors. It goes further to show that the international rule of law does exist and can be applied internationally, even if it is not yet fully actualized.

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.

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.

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