International Procedural Rights, Domestic Legal Systems and the International Rule of Law

2019 ◽  
Author(s):  
Leander Beinlich
Keyword(s):  
Rule Of Law ◽  
Legal Systems ◽  
Procedural Rights ◽  
International Rule

Complexity Rules (or: Ruling Complexity)

2019 ◽  
pp. 232-241
Author(s):  
Tomer Broude
Keyword(s):  
Climate Change ◽  
International Relations ◽  
International Law ◽  
Rule Of Law ◽  
Special Relationship ◽  
Legal Systems ◽  
Contemporary Issue ◽  
Special Case ◽  
International Rule

This chapter is a comment on the capacity of international law to address complex problems such as climate change, as a complement and response to Jutta Brunnée’s preceding chapter. The comment first questions whether complexity is in fact a special case or rather an all-pervading characteristic of international relations, and by extension, of international law. Second, the comment questions—notwithstanding the current angst that internationalist lawyers feel and express due to what seems like a tidal-scale assault on international law—whether the international rule-of-law management of complexity is a particularly contemporary issue, or just another iteration of recurrent, resurgent, occasionally even refreshing, frictions that characterize international law. Third, the comment asks whether the challenges of complexity maintain a special relationship with international law, or whether these are substantially the same as the interactions of these issues with domestic legal systems.

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.

The Rule of Law Through China’s Anti-corruption Organizations and Legal Systems

2020 ◽  
Vol 11 (3) ◽  
pp. 1081-1094
Author(s):  
Soonok Kim
Keyword(s):  
Rule Of Law ◽  
Legal Systems ◽  
The Rule Of Law

scholarly journals Judicial authority, legitimacy and the (international) rule of law as essentially contested and interpretive concepts: Introduction to the special issue

2021 ◽  
Vol 10 (1) ◽  
pp. 75-90
Author(s):  
KNUT TRAISBACH
Keyword(s):  
Rule Of Law ◽  
Special Issue ◽  
Ronald Dworkin ◽  
Final Point ◽  
The Rule Of Law ◽  
Trade Offs ◽  
Judicial Authority ◽  
International Rule

AbstractBeyond setting the stage, the Introduction makes three claims about the conceptual triangle of the rule of law, judicial authority and legitimacy. The first is that all three are essentially contested and interpretive concepts in the sense of Walter B. Gallie and Ronald Dworkin. In their expositions, the contested and interpretative nature of such concepts is nothing to be ‘solved’, rather the formulation of different conceptions and contestation about them are central functions of such concepts. The interpretive and essentially contested nature points us to the relevant ‘actors’ and to conflicts and trade-offs between contested competencies. Thus the second point is that arguments about the rule of law and judicial legitimacy are often a means of questioning or securing the authority of a particular actor or institution in relation to other actors and institutions. The final point is that transposing concepts from the domestic to the supranational is a constructive endeavour because it entails creating new conceptions and substituting old ones as well as legitimising new authorities and delegitimising old ones. Thus, this special issue also cautions against discourses that ultimately are more about legitimation than about legitimacy and more about new ways of ruling than the rule of law.

scholarly journals Are Sovereigns Entitled to the Benefit of the International Rule of Law? An Introduction

2011 ◽  
Vol 22 (2) ◽  
pp. 313-314
Author(s):  
N. Bhuta
Keyword(s):  
Rule Of Law ◽  
International Rule

scholarly journals In the Absence of the Rule of Law: Everyday Lawyering, Dignity and Resistance in Myanmar’s ‘Disciplined Democracy’

2018 ◽  
Vol 28 (5) ◽  
pp. 573-599
Author(s):  
Alex Batesmith ◽  
Jake Stevens
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
State Power ◽  
Human Experience ◽  
Legal Systems ◽  
Material Support ◽  
The Rule Of Law ◽  
Alternative Perspective ◽  
The Individual ◽  
Individual Human

This article explores how ‘everyday’ lawyers undertaking routine criminal defence cases navigate an authoritarian legal system. Based on original fieldwork in the ‘disciplined democracy’ of Myanmar, the article examines how hegemonic state power and a functional absence of the rule of law have created a culture of passivity among ordinary practitioners. ‘Everyday’ lawyers are nevertheless able to uphold their clients’ dignity by practical and material support for the individual human experience – and in so doing, subtly resist, evade or disrupt state power. The article draws upon the literature on the sociology of lawyering and resistance, arguing for a multilayered understanding of dignity going beyond lawyers’ contributions to their clients’ legal autonomy. Focusing on dignity provides an alternative perspective to the otherwise often all-consuming rule of law discourse. In authoritarian legal systems, enhancing their clients’ dignity beyond legal autonomy may be the only meaningful contribution that ‘everyday’ lawyers can make.

scholarly journals Developing an Index of the Rule of Law: Sharing the Experience of Hong Kong

2007 ◽  
Vol 2 ◽  
pp. 1-19 ◽  
Author(s):  
Benny Y.T. Tai
Keyword(s):  
Hong Kong ◽  
Rule Of Law ◽  
Legal System ◽  
Downward Trend ◽  
Legal Systems ◽  
Major Aspect ◽  
The Rule Of Law ◽  
Qualitative And Quantitative

AbstractThe Rule of Law is considered a major aspect of modern governance. For every legal system, it is important whether the Rule of Law is attained and how far it has been attained. Though there are various indicators and indexes of the Rule of Law they all have their limitations. This paper reported a study conducted in Hong Kong in 2005, combining qualitative and quantitative methodologies, to assess the level of attainment of the Rule of Law in Hong Kong. It is found that the level of attainment is high but a downward trend is also discovered. A main objective of developing this new methodology in assessing Rule of Law, is that it could be used for tracking the development of the Rule of Law in a particular legal system and facilitating comparison between legal systems.

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