The Rule of Law in International Affairs

The Rule of Law in International Affairs PDF

Author: Ian Brownlie

Publisher: Martinus Nijhoff Publishers

Published: 1998-08-26

Total Pages: 264

ISBN-13: 9789041110688

DOWNLOAD EBOOK →

This volume consists of a carefully edited version of the General Course on Public International Law delivered at the Hague Academy of International Law to commemorate the fiftieth anniversary of the foundation of the United Nations. The author brings to them not only his background of academic distinction, but his experience as a practitioner concerned with major international legal issues. The rule of law in international affairs is a question of perennial concern but it is of greater moment these days for a number of reasons. The active agenda of the Security Council and its relative solidarity creates a paradox. Its increased political power is a source of hope but the modalities of the exercise of power present problems of principle and of legal concern. Another area of concern is the International Court, which has had a successful record since the early eighties and provides one of the guarantees of the maintenance of legality. Recent successes of the Court include the effective resolution of the territorial dispute between Chad and Libya. The general level of compliance with its decisions by States is impressive. Yet its success is matched not by encouragement and enhancement of its facilities but by United Nations financial constraints which hinder its work and, ultimately, may threaten its independence in relation to the political organs of the United Nations.

Chinese Perspectives on the International Rule of Law

Chinese Perspectives on the International Rule of Law PDF

Author: Matthieu Burnay

Publisher: Edward Elgar Publishing

Published: 2018-07-27

Total Pages: 336

ISBN-13: 1788112393

DOWNLOAD EBOOK →

This insightful book investigates the historical, political, and legal foundations of the Chinese perspectives on the rule of law and the international rule of law. Building upon an understanding of the rule of law as an 'essentially contested concept', this book analyses the interactions between the development of the rule of law within China and the Chinese contribution to the international rule of law, more particularly in the areas of global trade and security governance.

Advancing the Rule of Law Abroad

Advancing the Rule of Law Abroad PDF

Author: Rachel Kleinfeld

Publisher: Brookings Institution Press

Published: 2012-11-28

Total Pages: 296

ISBN-13: 0870032666

DOWNLOAD EBOOK →

In the modern era, political leaders and scholars have declared the rule of law to be essential to democracy, a necessity for economic growth, and a crucial tool in the fight for security at home and stability abroad. The United States has spent billions attempting to catalyze rule-of-law improvements within other countries. Yet despite the importance of the goal to core foreign policy needs, and the hard work of hundreds of practitioners on the ground, the track record of successful rule-of-law promotion has been paltry. In Advancing the Rule of Law Abroad, Rachel Kleinfeld describes the history and current state of reform efforts and the growing movement of second-generation reformers who view the rule of law not as a collection of institutions and laws that can be built by outsiders, but as a relationship between the state and society that must be shaped by those inside the country for lasting change. Based on research in countries from Indonesia to Albania, Kleinfeld makes a compelling case for new methods of reform that can have greater chances of success. This book offers a comprehensive overview of this growing area of policy action where diplomacy and aid meet the domestic policies of other states. Its insights into the practical methods and moral complexities of supporting reform within other countries will be useful to practitioners and students alike.

Rule of Law and Areas of Limited Statehood

Rule of Law and Areas of Limited Statehood PDF

Author: Linda Hamid

Publisher: Edward Elgar Publishing

Published: 2021-01-29

Total Pages: 288

ISBN-13: 1788979044

DOWNLOAD EBOOK →

This thought-provoking book addresses the legal questions raised by areas of limited statehood, in which the State lacks the ability to exercise the full depth of its governmental authority. Featuring original contributions written by renowned international scholars, chapters investigate key issues arising at the junction between both domestic and international rule of law and areas of limited statehood, as well as the alternative modes of governance that develop therein.

International Rule of Law and Professional Ethics

International Rule of Law and Professional Ethics PDF

Author: Vesselin Popovski

Publisher: Routledge

Published: 2016-05-23

Total Pages: 232

ISBN-13: 1317113713

DOWNLOAD EBOOK →

This book examines an interesting and relatively understudied area of the evolution of the international rule of law and the role of professional ethics. The rule of law has been gradually developed and promoted at the national level over centuries, however at the international level it has only recently received (more in rhetoric than in implementation) support from a macro perspective - developments of international rules and institutions, and from a micro perspective - ethical codes, independence and un-bias of professionals, working in international organizations and tribunals. The book offers analysis and recommends policies to strengthen the rule of law at international level to meet a major global governance demand in ensuring equity, justice, stability and consistency in international affairs.

Rule of Law in War

Rule of Law in War PDF

Author: Travers McLeod

Publisher: Oxford University Press, USA

Published: 2015

Total Pages: 305

ISBN-13: 0198716397

DOWNLOAD EBOOK →

War and security have traditionally been held up as two areas where it is largely assumed international law has little influence on state action. 'Rule of Law in War' shows that it is possible to isolate the impact of rules, and to do so in areas that have historically been impenetrable.

The Rule of Law in Global Governance

The Rule of Law in Global Governance PDF

Author: Monika Heupel

Publisher: Springer

Published: 2016-11-08

Total Pages: 249

ISBN-13: 134995053X

DOWNLOAD EBOOK →

This book explores whether the co-existence of (partially) overlapping and sometimes competing layers of authority, which characterizes today's global order, undermines or rather strengthens efforts to promote the rule of law on a global scale. Heupel and Reinold argue that whether multi-level governance and global legal pluralism have beneficial or detrimental effects on the international rule of law depends on specific scope conditions. Among these are the mobilization of powerful states and courts, as well as the fit between soft law and hard law arrangements. The volume comprises seven case studies written by International Relations and International Law scholars. Bridging the gap between political science and legal scholarship, the volume enables an interdisciplinary perspective on the emergence of an international rule of law. It also provides much needed empirical research on the implications of multi-level governance and global legal pluralism for the rule of law beyond the nation state.

Promoting the Rule of Law Abroad

Promoting the Rule of Law Abroad PDF

Author: Thomas Carothers

Publisher: Brookings Institution Press

Published: 2010-03-01

Total Pages: 384

ISBN-13: 0870032925

DOWNLOAD EBOOK →

"Over the past decade, Carothers has established himself as the leading U.S. expert on democracy promotion. He is a powerful critic not only of the nuts-and-bolts of democracy assistance but also of U.S. grand strategy overall."—SAIS Review Promoting the rule of law has become a major part of Western efforts to spread democracy and market economics around the world. Yet, although programs to foster the rule of law abroad have mushroomed, well-grounded knowledge about what factors ensure success, and why, remains scarce. In Promoting the Rule of Law Abroad, leading practitioners and policy-oriented scholars draw on years of experience—in Russia, China, Latin America, Central and Eastern Europe, the Middle East, and Africa—to critically assess the rationale, methods, and goals of rule-of-law policies. These incisive, accessible essays offer vivid portrayals and penetrating analyses of the challenges that define this vital but surprisingly little-understood field. Contributors include Rachel Belton (Truman National Security Project), Lisa Bhansali (World Bank), Christina Biebesheimer (World Bank), Thomas Carothers (Carnegie Endowment), Wade Channell, Stephen Golub, and David Mednicoff (University of Massachusetts, Amherst), Laure-Hélène Piron (Overseas Development Institute), Matthew Spence (Yale Law School), Matthew Stephenson (Harvard Law School), and Frank Upham (NYU School of Law).

The Rule of Law in Monetary Affairs

The Rule of Law in Monetary Affairs PDF

Author: Thomas Cottier

Publisher: Cambridge University Press

Published: 2014-08-29

Total Pages: 635

ISBN-13: 1107063639

DOWNLOAD EBOOK →

Addresses central monetary law and policy debates, especially the links between international investment law and trade regulation within the WTO.