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Vol 24 No 6 June/July 2019

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The International Rule of Law: Rise or Decline?

Edited by: Heike Krieger, Georg Nolte, Andreas Zimmermann

ISBN13: 9780198843603
To be Published: August 2019
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £95.00



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.

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

Part I: Historical Perspectives
2: The Decay of the International Rule of Law Project (1990-2015), Jochen von Bernstorff
3: The Rise and Decline of the International Rule of Law and the Job of Scholars, Anne Peters
4: Coercion, Internationalization, Decolonization - A Contextual Reading of the Rise of European International Law Since the 17th Century, Felix Lange
5: International Law within a Global International Society: Comment on Felix Lange, Andrew Hurrell

Part II: Actor-centred perspectives
6: The BRICS as 'Rising Powers' and the Development of International Law, Aniruddha Rajput
7: International law and its others: Comment on Aniruddha Rajput, Simon Chesterman
8: Do Non-State Actors Strengthen or Weaken International Law? The Story of a Liberal Symbiosis, Jean d'Aspremont
9: Liberal or not? Comment on Jean d'Aspremont, Michael Zürn
10: From high hopes to scepticism? Human rights protection and rule of law in Europe in an ever more hostile environment, Angelika Nußberger
11: How Should the European Court of Human Rights Respond to Criticism: Comment on Angelika Nussberger, Geir Ulfstein

Part III: System-oriented perspectives
12: Is Compliance an Indicator for the State of International Law? -Exploring the 'Compliance Trilemma', Jeffrey L. Dunoff
13: Comment on Jeffrey Dunoff, Markus Jachtenfuchs
14: The Rule of International (Environmental) Law and Complex Problems, Jutta Brunnée
15: Complexity Rules (or: Ruling Complexity): Comment on Jutta Brunnée, Tomer Broude
16: International Law, Informal Lawmaking and Global Governance in Times of Anti-Globalism and Populism, Jan Wouters
17: International Law in Times of Anti-Globalism and Populism - Challenges Ahead: Comment on Jan Wouters, Andreas Zimmermann and Norman Weiß

Part IV: Justice and legitimacy
18: Search for legitimacy - a symptom for a normative crisis?, Thilo Marauhn
19: The Relationship between Legality and Legitimacy: A Double-Edged Sword, Dana Burchardt
20: The Contestation of Value-Based Norms: Confirmation or Erosion of International Law?, Tiyanjana Maluwa
21: Comment on Tiyanjana Maluwa, Andrea Liese and Nina Reiners
22: Ensuring Access to Information: International Law's Contribution to Global Justice, Eyal Benvenisti
Comment on Eyal Benvenisti, Maurice Kamto