The rule of law at the national and international levels
Subtitle: contestations and deference
By: edited by Machiko Kanetake and André Nollkaemper
Series: Studies in international law -- volume 56
Publisher: Hart Publishing Ltd
Published: 2016
Place of publication: Oxford; Portland, Oregon
Language: eng
Number of pages: 474
ISBN-13: 9781849466677
Subjects: Congresses; International and municipal law; Rule of law; International law and human rights
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
Notes: "The contributions contained in the present volume were presented originally in an international seminar in March 2013 hosted by the HiiL and the Amsterdam Center for International Law (ACIL)."

Includes bibliographical references and index.
Table of contents: title: Introduction / André Nollkaemper; title: The interfaces between the national and international rule of law : a framework paper / Machiko Kanetake; title: Judicial strategies and their impact on the development of the international rule of law / Veronika Fikfak; title: The development of the immunities of international organisations in response to domestic contestations / Mateja Steinbrück Platise; title: Domestic review of treaty-based international investment awards : effects of the Metalclad judgment of the British Columbia Supreme Court / Shotaro Hamamoto; title: National contestation of international investment law and the international rule of law / Prabhash Ranjan; title: Domestic non-judicial institutions in the development of the international rule of law / Rene Urueña; title: Interactions between domestic social norms and international law over trade dispute resolution / Ji Li; title: The rule of law dimensions of dialogues between national courts and Strasbourg / Birgit Peters; title: Three interpretive constraints on the European Court of Human Rights / Shai Dothan; title: Human rights, the margin of appreciation, and the international rule of law / Andrew Legg; title: Subsidiarity in the practice of international courts / Machiko Kanetake; title: Revisiting the reservations dialogue : negotiating diversity while preserving universality through human rights law / Ekaterina Yahyaoui Krivenko; title: Universality, diversity, and legal certainty: cultural diversity in the dialogue between the cedaw and states parties / Yvonne Donders and Vincent Vleugel; title: Domestic courts under scrutiny : the rule of law as a standard (of deference) in investor-state arbitration / Hege Elisabeth Kjos; title: The rule of law at the national and international levels in post-conflict peace agreements / Jennifer Easterday; title: The rule of law and the division of labour between national and international law : the case of international energy relations /  Stephan Schill; title: The international rule of law in the cycle of contestations and deference / Machiko Kanetake and André Nollkaemper.