International Rule of Law

Rise or Decline?
Erscheinungsjahr 2019
ISBN: 978-0-19-884360-3
Verlag: OXFORD UNIV PR

Buch, Englisch, 392 Seiten, Format (B × H): 175 mm x 250 mm, Gewicht: 854 g

This edited volume examines the role of international law in a changing global order. Can we, under the current significantly changing conditions, still observe an increasing juridification of international relations based on a universal understanding of values? Or are we, to the contrary, facing a tendency towards an informalization or a reformalization of international law, or even an erosion of international legal norms? Would it be appropriate to revisit classical elements of international law in order to react to structural changes, which may give rise to a more polycentric or non-polar world order? Or are we simply observing a slump in the development towards an international rule of law based on a universal understanding of values?

In eleven chapters, distinguished scholars reflect on how to approach these questions from historical, system-oriented and actor-centered perspectives. The contributions engage with the rise of European international law since the 17th century, the decay of the international rule of law, compliance as an indicator for the state of international law, international law and informal law-making in times of populism, the rule of environmental law and complex problems, human rights in Europe in a hostile environment, the influence of the BRICS states on international law, the impact of non-state actors on international law, international law's contribution to global justice, the contestation of value-based norms and the international rule of law in light of legitimacy claims.

Autoren/Hrsg.

Krieger, Heike

Nolte, Georg

Zimmermann, Andreas

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Öffentliches Recht, Völkerrecht, Internationale Organisationen
• Sozialwissenschaften Politikwissenschaft Internationale Beziehungen

Inhaltsverzeichnis

- 1: Heike Krieger and Georg Nolte: The International Rule of Law - Rise or Decline? Approaching current foundational challenges

- Part I: Historical Perspectives

- 2: Jochen von Bernstorff: The Decay of the International Rule of Law Project (1990-2015)

- 3: Anne Peters: The Rise and Decline of the International Rule of Law and the Job of Scholars

- 4: Felix Lange: Coercion, Internationalization, Decolonization - A Contextual Reading of the Rise of European International Law Since the 17th Century

- 5: Andrew Hurrell: International Law within a Global International Society: Comment on Felix Lange

- Part II: Actor-centred perspectives

- 6: Aniruddha Rajput: The BRICS as 'Rising Powers' and the Development of International Law

- 7: Simon Chesterman: International law and its others: Comment on Aniruddha Rajput

- 8: Jean d'Aspremont: Do Non-State Actors Strengthen or Weaken International Law? The Story of a Liberal Symbiosis

- 9: Michael Zürn: Liberal or not? Comment on Jean d'Aspremont

- 10: Angelika Nußberger: From high hopes to scepticism? Human rights protection and rule of law in Europe in an ever more hostile environment

- 11: Geir Ulfstein: How Should the European Court of Human Rights Respond to Criticism: Comment on Angelika Nussberger

- Part III: System-oriented perspectives

- 12: Jeffrey L. Dunoff: Is Compliance an Indicator for the State of International Law? -Exploring the 'Compliance Trilemma'

- 13: Markus Jachtenfuchs: Comment on Jeffrey Dunoff

- 14: Jutta Brunnée: The Rule of International (Environmental) Law and Complex Problems

- 15: Tomer Broude: Complexity Rules (or: Ruling Complexity): Comment on Jutta Brunnée

- 16: Jan Wouters: International Law, Informal Lawmaking and Global Governance in Times of Anti-Globalism and Populism

- 17: Andreas Zimmermann and Norman Weiß: International Law in Times of Anti-Globalism and Populism - Challenges Ahead: Comment on Jan Wouters

- Part IV: Justice and legitimacy

- 18: Thilo Marauhn: Search for legitimacy - a symptom for a normative crisis?

- 19: Dana Burchardt: The Relationship between Legality and Legitimacy: A Double-Edged Sword

- 20: Tiyanjana Maluwa: The Contestation of Value-Based Norms: Confirmation or Erosion of International Law?

- 21: Andrea Liese and Nina Reiners: Comment on Tiyanjana Maluwa

- 22: Eyal Benvenisti: Ensuring Access to Information: International Law's Contribution to Global Justice

- Comment on Eyal Benvenisti

Über Autor(innen)

Heike Krieger is Professor of Public Law and International Law at Freie Universität Berlin and Max Planck Fellow at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg. She is Co-Editor of the Yearbook of International Humanitarian Law and has, inter alia, taught at the Universities of Göttingen, Nottingham, and the Centre for Transnational Legal Studies, London. She is member of the German Council of Science and Humanities which advises the German government on the development of science, research and higher education. Between 2007 and 2014 she acted as Judge at the Constitutional Court of the State of Berlin. Her areas of research are general international law, human rights law, and international humanitarian law.

Georg Nolte is Professor of Law at Humboldt University of Berlin since 2008. He is a member of the UN International Law Commission (since 2007) and an associate member of the Institut de Droit International (since 2015). He held chairs at the University of Göttingen (1999 - 2004) and the University of Munich (2004 - 2008). He was a visiting fellow at All Souls College, Oxford (2003 - 2004), Wissenschaftskolleg zu Berlin (2006 - 2007), and Princeton University (2013 - 2014).

Andreas Zimmermann, LL.M. (Harvard) is Professor of Public, Public International, and European Union Law at the University of Potsdam, and Director of the Potsdam Centre of Human Rights. Apart from Potsdam University, he has also taught inter alia at the University of Michigan (United States), the University of Johannesburg (RSA), Hebrew University (Israel) and most recently at Bir Zeit University (Palestine), as well as part of the United Nations International Law Fellowship Programme. He has been adviser of the German delegation during the United Nations Diplomatic Conference on the Establishment of an International Criminal Court, is a member of the Permanent Court of Arbitration and has acted as counsel in various cases before the ICJ and before the Iran-US Claims Tribunal. He was judge ad hoc at the European Court of Human Rights, and is a member of the advisory committee on international humanitarian law of the German Red Cross.