Download The Rule of Law in Global Governance by Monika Heupel, Theresa Reinold PDF

By Monika Heupel, Theresa Reinold

This publication explores no matter if the co-existence of (partially) overlapping and occasionally competing layers of authority, which characterizes modern worldwide order, undermines or relatively strengthens efforts to advertise the guideline of legislation on a world scale. Heupel and Reinold argue that even if multi-level governance and international criminal pluralism have important or damaging results at the foreign rule of legislation is determined by particular scope stipulations. between those are the mobilization of robust states and courts, in addition to the healthy among smooth legislations and tough legislation preparations. the amount includes seven case reports written by means of diplomacy and overseas legislation students. Bridging the distance among political technological know-how and felony scholarship, the quantity allows an interdisciplinary viewpoint at the emergence of a world rule of legislation. It additionally offers a lot wanted empirical learn at the implications of multi-level governance and worldwide felony pluralism for the guideline of legislations past the country country.

Show description

Read Online or Download The Rule of Law in Global Governance PDF

Best foreign & international law books

International Judicial Institutions: The Architecture of International Justice at Home and Abroad

Written by way of a former UN leader Prosecutor and a number one overseas legislation specialist, this is a miles wanted, brief and available advent to the present debates in foreign humanitarian law. Analyzing the felony and political underpinnings of overseas judicial associations, it offers the reader with an knowing of either the historic improvement of associations directed in the direction of foreign justice, in addition to an summary of the variations and similarities among such enterprises.

Marine Scientific Research: The Operation And Status of Research Vessels And Other Platforms in International Law (Publications on Ocean Development)

The current research examines the criminal framework for marine clinical examine with a spotlight on study structures. Oceanographers locate themselves confronted with a posh set of provisions governing their actions not just in waters of international jurisdiction. because the riches of the oceans became identified to decision-makers in coastal States, overseas motion has set the direction for an ever tighter legislation of the ocean makes use of.

Turkey: Terrorism, Civil Rights and the European Union

How do democratic societies keep the stability among civil rights and safeguard whereas carrying on with the struggle on international terrorism? This paintings increases this factor and offers one kingdom, Turkey, and its fight to enforce legislation to strive against terrorism and agree to the ecu Union’s civil rights criteria.

Guilty pleas in international criminal law constructing a restorative justice approach

Foreign crimes, resembling genocide and crimes opposed to humanity, are advanced and hard to end up, so their prosecutions are expensive and time-consuming. as a result, foreign tribunals and household our bodies have lately made higher use of in charge pleas, lots of which were secured via plea bargaining.

Extra resources for The Rule of Law in Global Governance

Example text

Soft law stands a much greater chance of being effective when the sources of compliance are normative rather than utilitarian or coercive, that is when actors’ believe in the inherent rightness of a soft norm, and/or when they are highly susceptible to reputational concerns. Actors’ motives for compliance, in turn, are closely correlated with the actual content of soft law, as ‘true believers’ are more likely to commit to soft norms with ‘teeth’ than actors whose compliance is based on coercion or utilitarian calculations.

Reinold’s chapter equally demonstrates that initiatives aimed at strengthening the rule of law in multi-level governance critically depend on states: First of all, the initiative aimed at establishing a code of conduct for the permanent Security Council members (P-5) was predominantly state-driven; and second, the success of this initiative critically depends on states’ identities and preferences, namely the intrinsic motivations of the permanent members to comply with the responsibility not to veto, and/ or their reputational concerns in the face of non-compliance with the code.

Whereas the operating system designates the ‘structures’ (in a loose sense), the normative element gives form to the aspirations and values of the participants of the system. Should a state choose to pursue its interests outside of the operating system, it could do so, but would lose the authority and ready acceptability of actions taken within the framework of the operating system. See, for example, the efforts by the USA to sign so-called Article 98 agreements on a bilateral basis with states around the world to exempt the US military from the jurisdiction of the International Criminal Court (ICC).

Download PDF sample

Rated 4.41 of 5 – based on 24 votes