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Vol 21 No 10 Oct/Nov 2016

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The Rule of Law at the National and International Levels: Contestations and Deference

Edited by: Machiko Kanetake, Andre Nollkaemper

ISBN13: 9781849466677
Published: February 2016
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £65.00



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£54.16
+ £10.83 VAT

This book aims to enhance understanding of the interactions between the international and national rule of law. It does so by demonstrating that the international rule of law is not merely about ensuring national compliance with international law.

International law and institutions (eg.g., 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 flexibility might come at the expense of the certainty of international law, it suggests that the international rule of law in relation to the national legal order allows 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.

Subjects:
Public International Law
Contents:
Introduction Andre 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 Steinbruck Platise
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 Rene Uruena
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 Andre Nollkaemper

Series: Hart Studies in International Law

The Impact of Investment Treaty Law on Host States: Enabling Good Governance ISBN 9781849465854
To be published March 2018
Hart Publishing
£60.00
Revisiting the Concept of Defence in the Jus Ad Bellum: The Dual Face of Defence ISBN 9781509906970
To be published February 2017
Hart Publishing
£55.00
Arctic Law and Governance: The Role of China and Finland ISBN 9781849467025
To be published December 2016
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£60.00
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Human Rights and Drug Control: The False Dichotomy ISBN 9781849467063
Published June 2016
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Security and International Law (eBook) ISBN 9781782255895
Published April 2016
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Security and International Law ISBN 9781849466349
Published April 2016
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£65.00
Human Rights Obligations of Non-State Armed Groups ISBN 9781509901630
Published March 2016
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£60.00
Human Rights Obligations of Non-State Armed Groups (eBook) ISBN 9781509901654
Published March 2016
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£49.99 + £10.00 VAT
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Diplomatic Interference and the Law ISBN 9781849464369
Published February 2016
Hart Publishing
£70.00
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Diplomatic Interference and the Law (eBook) ISBN 9781509902781
Published February 2016
Hart Publishing
£58.33 + £11.66 VAT
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Non-State Actors in International Law (eBook) ISBN 9781509901869
Published August 2015
Hart Publishing
£79.16 + £15.83 VAT
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Non-State Actors in International Law ISBN 9781849465113
Published August 2015
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£95.00
Statelessness: The Enigma of the International Community ISBN 9781849469692
Published August 2015
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£24.99
The Contractual Nature of the Optional Clause ISBN 9781849468664
Published July 2015
Hart Publishing
£63.00
The Contractual Nature of the Optional Clause (eBook) ISBN 9781509901449
Published July 2015
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£62.49 + £12.50 VAT
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An Equitable Framework for Humanitarian Intervention (eBook) ISBN 9781782251279
Published May 2013
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£49.99 + £10.00 VAT
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An Equitable Framework for Humanitarian Intervention ISBN 9781849464048
Published May 2013
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£63.00
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£35.00
Europe and Extraterritorial Asylum ISBN 9781849462709
Published March 2012
Hart Publishing
£65.00
Europe and Extraterritorial Asylum (eBook) ISBN 9781847319074
Published March 2012
Hart Publishing
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Promises of States under International Law ISBN 9781849462327
Published January 2012
Hart Publishing
£80.00
Promises of States under International Law (eBook) ISBN 9781847318787
Published January 2012
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£45.82 + £9.17 VAT
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Accounting for Hunger: The Right to Food in the Era of Globalization ISBN 9781849462266
Published November 2011
Hart Publishing
£58.00
The Militarisation of Peacekeeping in the Twenty-First Century (eBook) ISBN 9781847318183
Published November 2011
Hart Publishing
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The Militarisation of Peacekeeping in the Twenty-First Century ISBN 9781849461146
Published November 2011
Hart Publishing
£68.00
International Humanitarian Law and Terrorism ISBN 9781849461375
Published July 2011
Hart Publishing
£85.00
£63.00
Multi-Sourced Equivalent Norms in International Law ISBN 9781849461450
Published March 2011
Hart Publishing
£70.00
Multi-Sourced Equivalent Norms in International Law (eBook) ISBN 9781847317827
Published March 2011
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£58.33 + £11.66 VAT
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Contracting with Sovereignty: State Contracts and International Arbitration ISBN 9781841136578
Published January 2011
Hart Publishing
£65.00
Reflections on the UN Declaration on the Rights of Indigenous Peoples ISBN 9781841138787
Published January 2011
Hart Publishing
£50.00
Human Dignity and the Foundations of International Law (eBook) ISBN 9781847318060
Published June 2010
Hart Publishing
£23.32 + £4.67 VAT
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Human Dignity and the Foundations of International Law ISBN 9781849460897
Published June 2010
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£27.99
Africa: Mapping New Boundaries in International Law
Edited by: Jeremy Levitt
ISBN 9781849461177
Published June 2010
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£29.99
The Democratic Legitimacy of International Law ISBN 9781841138176
Published June 2010
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£73.00
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Human Dignity and the Foundations of International Law ISBN 9781841133577
Published June 2009
Hart Publishing
£50.00
Counterterrorism: Democracy’s Challenge ISBN 9781841138183
Published July 2008
Hart Publishing
£70.00
Africa: Mapping New Boundaries in International Law
Edited by: Jeremy Levitt
ISBN 9781841136189
Published March 2008
Hart Publishing
Price on Application
Forced Migration, Human Rights and Security
Edited by: Jane McAdam
ISBN 9781841137704
Published March 2008
Hart Publishing
£45.00
Human Security and International Law: Prospects and Problems ISBN 9781841136103
Published December 2007
Hart Publishing
£50.00
Biotechnologies and International Human Rights ISBN 9781841137032
Published February 2007
Hart Publishing
£74.00
Transnational Corporations and Human Rights ISBN 9781841136530
Published September 2006
Hart Publishing
£80.00
Biotechnology and International Law ISBN 9781841136318
Published June 2006
Hart Publishing
£79.00
£113.00
£35.00
Enforcing International Law Norms Against Terrorism
Edited by: Andrea Bianchi
ISBN 9781841135663
Published November 2005
Hart Publishing
£40.00
Regional Organisations and Development of Collective Security ISBN 9781841134802
Published November 2004
Hart Publishing
£63.00
Enforcing International Law Norms Against Terrorism
Edited by: Andrea Bianchi
ISBN 9781841134307
Published July 2004
Hart Publishing
£88.00
The Permanent International Criminal Court ISBN 9781841132815
Published March 2004
Hart Publishing
£48.00
The Chapter VII Powers of the United Nations Security Council ISBN 9781841134222
Published January 2004
Hart Publishing
£78.00
Toxics and Transnational Law: International and European Regulation of Toxic Substances as Legal Symbolism
Marc PallemaertsVrije Universiteit Brussel, Brussels and Universite Libre de Bruxelles, Brussels
ISBN 9781841131290
Published June 2003
Hart Publishing
£120.00
Between Light and Shadow ISBN 9781841133904
Published March 2003
Hart Publishing
£63.00