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

by Kanetake, Machiko; Nollkaemper, André

• ISBN13: 9781509924585
• ISBN10: 1509924582
• Edition: Reprint
• Format: Paperback
• Copyright: 2018-08-23
• Publisher: Hart Publishing

Summary

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.

Author Biography

Machiko Kanetake is Assistant Professor of Public International Law at Utrecht University.André Nollkaemper is Professor of Public International Law and Director of the Amsterdam Center for International Law at the Faculty of Law of the University of Amsterdam.