Released on 2012-11-29Categories Law

Theatre of the Rule of Law

Theatre of the Rule of Law

Author: Stephen Humphreys

Publisher: Cambridge University Press

ISBN: 1107411645

Category: Law

Page: 332

View: 827

Theatre of the Rule of Law presents the first sustained critique of global rule of law promotion - an expansive industry at the heart of international development, post-conflict reconstruction and security policy today. While successful in articulating and disseminating an effective global public policy, rule of law promotion has largely failed in its stated objectives of raising countries out of poverty and taming violent conflict. Furthermore, in its execution, this work deviates sharply from 'the rule of law' as commonly conceived. To explain this, Stephen Humphreys draws on the history of the rule of law as a concept, examples of legal export during colonial times, and a spectrum of contemporary interventions by development agencies and international organisations. Rule of law promotion is shown to be a kind of theatre, the staging of a morality tale about the good life, intended for edification and emulation, but blind to its own internal contradictions.
Released on 2015-03-12Categories Law

Opposing the Rule of Law

Opposing the Rule of Law

Author: Nick Cheesman

Publisher: Cambridge University Press

ISBN: 9781316240830

Category: Law

Page:

View: 418

The rule of law is a political ideal today endorsed and promoted worldwide. Or is it? In a significant contribution to the field, Nick Cheesman argues that Myanmar is a country in which the rule of law is 'lexically present but semantically absent'. Charting ideas and practices from British colonial rule through military dictatorship to the present day, Cheesman calls upon political and legal theory to explain how and why institutions animated by a concern for law and order oppose the rule of law. Empirically grounded in both Burmese and English sources, including criminal trial records and wide ranging official documents, Opposing the Rule of Law offers the first significant study of courts in contemporary Myanmar. It sheds new light on the politics of courts during dark times and sharply illuminates the tension between the demand for law and the imperatives of order.
Released on 2016-04-14Categories Political Science

Strengthening the Rule of Law through the UN Security Council

Strengthening the Rule of Law through the UN Security Council

Author: Jeremy Farrall

Publisher: Routledge

ISBN: 9781317338383

Category: Political Science

Page: 304

View: 473

The UN Security Council formally acknowledged an obligation to promote justice and the rule of law in 2003. This volume examines the extent to which the Council has honoured this commitment when exercising its powers under the UN Charter to maintain international peace and security. It discusses both how the concept of the rule of law regulates, or influences, Security Council activity and how the Council has in turn shaped the notion of the rule of law. It explores in particular how this relationship has affected the Security Council’s three most prominent tools for the maintenance of international peace and security: peacekeeping, sanctions and force. In doing so, this volume identifies strategies for better promotion of the rule of law by the Security Council. This book will be of interest to scholars and students of international law, international relations, international development and peacekeeping.
Released on 2013-11-28Categories Law

The Concept of the Rule of Law and the European Court of Human Rights

The Concept of the Rule of Law and the European Court of Human Rights

Author: Geranne Lautenbach

Publisher: OUP Oxford

ISBN: 9780191650949

Category: Law

Page: 272

View: 308

This book analyses the concept of the rule of law in the context of international law, through the case law of the European Court of Human Rights. It investigates how the court has defined and interpreted the notion of the rule of law in its jurisprudence. It places this analysis against a background of more theoretical accounts of the idea of the rule of law, drawing in ideas of political philosophy. It also provides a comparative assessment, demonstrating how the idea of the rule of law has evolved in the UK, France, and Germany. The book argues that at the core of the concept of the rule of law are the notions of legality and judicial safeguards. It states that the Court has developed the requirements of legality, which the work analyses in detail, based on that concept. It assesses the independence of the judiciary as an aspect of the rule of law in the context of the European Convention on Human Rights, and the relationship between the rule of law and the substantive contents of law. The book posits that the rule of law as seen at the Court is not mainly utilised with regard to 'freedom' rights, but is more concerned with procedural rights. It discusses the relationship between the rule of law and the view of the Convention as a constitutional instrument of the European public order, and shows that the rule of law and democracy are inextricably linked in the case law of the Court. Ultimately, the book demonstrates in its analysis of the Court's jurisprudence that the notion of the rule of law is a crucial part of the international legal order.
Released on 2016-01-28Categories Law

Finnish Yearbook of International Law

Finnish Yearbook of International Law

Author: Jarna Petman

Publisher: Bloomsbury Publishing

ISBN: 9781782254362

Category: Law

Page: 560

View: 701

The Finnish Yearbook of International Law aspires to honour and strengthen the Finnish tradition in international legal scholarship. Open to contributions from all over the world and from all persuasions, the Finnish Yearbook stands out as a forum for theoretically informed, high-quality publications on all aspects of public international law, including the international relations law of the European Union. The Finnish Yearbook publishes in-depth articles and shorter notes, commentaries on current developments, book reviews and relevant overviews of Finland's state practice. While firmly grounded in traditional legal scholarship, it is open for new approaches to international law and for work of an interdisciplinary nature. The Finnish Yearbook is published for the Finnish Society of International Law by Hart Publishing. Volumes prior to volume 19 may be obtained from Martinus Nijhoff, an imprint of Brill Publishers.
Released on 2019-01-31Categories Law

Law and the Political Economy of Hunger

Law and the Political Economy of Hunger

Author: Anna Chadwick

Publisher: Oxford University Press

ISBN: 9780192557216

Category: Law

Page: 220

View: 725

This book is an inquiry into the role of law in the contemporary political economy of hunger. In the work of many international institutions, governments, and NGOs, law is represented as a solution to the persistence of hunger. This presentation is evident in the efforts to realize a human right to adequate food, as well as in the positioning of law, in the form of regulation, as a tool to protect society from 'unruly' markets. In this monograph, Anna Chadwick draws on theoretical work from a range of disciplines to challenge accounts that portray law's role in the context of hunger as exclusively remedial. The book takes as its starting point claims that financial traders 'caused' the 2007-8 global food crisis by speculating in financial instruments linked to the prices of staple grains. The introduction of new regulations to curb the 'excesses' of the financial sector in order to protect the food insecure reinforces the dominant perception that law can solve the problem. Chadwick investigates a number of different legal regimes spanning public international law, international economic law, transnational governance, private law, and human rights law to gather evidence for a counterclaim: law is part of the problem. The character of the contemporary global food system-a food system that is being progressively 'financialized'-owes everything to law. If world hunger is to be eradicated, Chadwick argues, then greater attention needs to be paid to how different legal regimes operate to consistently privilege the interests of the wealthy few over the needs of poor and the hungry.
Released on 2018-03-23Categories Law

The Misery of International Law

The Misery of International Law

Author: John Linarelli

Publisher: Oxford University Press

ISBN: 9780191068706

Category: Law

Page: 200

View: 863

Poverty, inequality, and dispossession accompany economic globalization. Bringing together three international law scholars, this book addresses how international law and its regimes of trade, investment, finance, as well as human rights, are implicated in the construction of misery, and how international law is producing, reproducing, and embedding injustice and narrowing the alternatives that might really serve humanity. Adopting a pluralist approach, the authors confront the unconscionable dimensions of the global economic order, the false premises upon which they are built, and the role of international law in constituting and sustaining them. Combining insights from radical critiques, political philosophy, history, and critical development studies, the book explores the pathologies at work in international economic law today. International law must abide by the requirements of justice if it is to make a call for compliance with it, but this work claims it drastically fails do so. In a legal order structured around neoliberal ideologies rather than principles of justice, every state can and does grab what it can in the economic sphere on the basis of power and interest, legally so and under colour of law. This book examines how international law on trade and foreign investment and the law and norms on global finance has been shaped to benefit the rich and powerful at the expense of others. It studies how a set of principles, in the form of a New International Economic Order (NIEO), that could have laid the groundwork for a more inclusive international law without even disrupting its market-orientation, were nonetheless undermined. As for international human rights law, it is under the terms of global capitalism that human rights operate. Before we can understand how human rights can create more just societies, we must first expose the ways in which they reflect capitalist society and how they assist in reproducing the underlying terms of immiseration that will continue to create the need for human rights protection. This book challenges conventional justifications of economic globalization and eschews false choices. It is not about whether one is "for" or "against" international trade, foreign investment, or global finance. The issue is to resolve how, if we are to engage in trade, investment, and finance, we do so in a manner that is accountable to persons whose lives are affected by international law. The deployment of human rights for their part must be considered against the ubiquity of neoliberal globalization under law, and not merely as a discrete, benevolent response to it.
Released on 2018-02-13Categories Political Science

A Global Political Economy of Democratisation

A Global Political Economy of Democratisation

Author: Alison J. Ayers

Publisher: Routledge

ISBN: 9781351710374

Category: Political Science

Page: 280

View: 369

The late-twentieth century is often portrayed as an ‘Age of Democratisation’, with democracy heralded as the best of all political systems. Yet democracy has multiple meanings, values and significances. The start of the twenty-first century has witnessed a massive revival of interest in the meaning and role of democracy, not least as democracy understood in one highly particular sense has been increasingly recognised to be in crisis. This book presents these deliberations in a new light by moving beyond the concept of the sovereign state as the dominant framework of enquiry and by rejecting the primacy of the state and the categorical separation of the ‘domestic’ and the ‘international’. Instead, Ayers elaborates an account of democratisation through the global political economy, encompassing a trenchant critique of mainstream democracy promotion in theory and practice, and opening-up possibilities for different histories of democratisation autonomous of the Western liberal and neoliberal project. This innovative work will prove useful to scholars and students in the fields of Politics, Political Economy, International Relations, Development, African Studies, History, Geography and Sociology.
Released on 2016-12Categories History

The Rule of Law in Crisis and Conflict Grey Zones

The Rule of Law in Crisis and Conflict Grey Zones

Author: Michael John-Hopkins

Publisher: Taylor & Francis

ISBN: 9781351996747

Category: History

Page: 350

View: 852

8 Regulating military operations abroad: the extraterritorial effect of human rights and the potential modalities of parallel application of the right to life under human rights law and international humanitarian law -- 9 Conclusions: grey zones of war and peace in our globally networked information environment -- Index