Full Description
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
1. The Interfaces Between the National and International Rule of Law: A Framework Paper
Machiko Kanetake
Part I: National Contestations in the Critical Revision of the International Rule of Law
2. Judicial Strategies and their Impact on the Development of the International Rule of Law
Veronika Fikfak
3. The Development of the Immunities of International Organisations in Response to Domestic Contestations
Mateja Steinbrück Platiše
4. Domestic Review of Treaty-Based International Investment Awards: Effects of the Metalclad Judgment
of the British Columbia Supreme Court
Shotaro Hamamoto
5. National Contestation of International Investment Law and the International Rule of Law
Prabhash Ranjan
6. Domestic Non-Judicial Institutions in the Development of the International Rule of Law
René Urueña
7. Interactions Between Domestic Social Norms and International Law over Trade Dispute Resolution
Ji Li
Part II: International Deference to the National Legal Order
8. The Rule of Law Dimensions of Dialogues Between National Courts and Strasbourg
Birgit Peters
9. Three Interpretive Constraints on the European Court of Human Rights
Shai Dothan
10. Human Rights, the Margin of Appreciation, and the International Rule of Law
Andrew Legg
11. Subsidiarity in the Practice of International Courts
Machiko Kanetake
12. Revisiting the Reservations Dialogue: Negotiating Diversity while Preserving Universality Through
Human Rights Law
Ekaterina Yahyaoui Krivenko
13. Universality, Diversity, and Legal Certainty: Cultural Diversity in the Dialogue Between the
CEDAW and States Parties
Yvonne Donders and Vincent Vleugel
14. Domestic Courts Under Scrutiny: The Rule of Law as a Standard (of Deference) in Investor-State
Arbitration
Hege Elisabeth Kjos
15. The Rule of Law at the National and International Levels in Post-Conflict Peace Agreements
Jennifer Easterday
16. The Rule of Law and the Division of Labour Between National and International Law:
The Case of International Energy Relations
Stephan W Schill
Conclusion
17. The International Rule of Law in the Cycle of Contestations and Deference
Machiko Kanetake and André Nollkaemper
