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

Preface and Acknowledgements
Contents
List of Contributors
Introduction and Framework
Introduction
I.
Background: Rule of Law Dynamics
II.
Theme of the Present Volume
III.
Roadmap
1.
The Interfaces Between the National
and International Rule of Law:
A Framework Paper
I.
Introduction
II.
The International Rule of Law
III.
National Reception of the International Rule of Law
IV.
Characterising the Points of Connection between
the National and International Rule of Law
V.
International Reception of the National Rule of Law
VI. Conclusion: Towards Theoretical and Normative Appraisal
Part I:
National Contestations in the CriticalRevision of the InternationalRule of Law
2.
Judicial Strategies and their Impact on the Development of the International Rule of Law
I.
Introduction
II. Domestic Courts'
Dilemma with Regard to the Rule of Law
III.
'Strong' Review by Domestic Courts
IV.
'Weak' Review by Domestic Courts
V.
Conclusion
3.
The Development of the Immunities of International Organisations in Response to Domestic Contestations
I.
Introduction
II.
The Creeping Immunities of International Organisations
III.
Contestations by Domestic Courts
IV.
Reception in International Law
V.
Sketching a Normative Framework for Interaction
between Domestic Courts and International Institutions
VI.
Conclusion
4.
Domestic Review of Treaty-Based International Investment Awards: Effects of the Metalclad Judgment of the British Columbia Supreme Court
I.
Introduction
II.
The Metalclad Case
III. Effects of the British Columbia Court's
Judgment on Subsequent NAFTA Chapter 11 Arbitration
IV. Effects of the British Columbia Court's
Judgment upon Subsequent Non-NAFTA Cases
V.
Conclusion
5.
National Contestation of International Investment Law and the International Rule of Law
I.
Introduction
II.
International Investment Law and the
International Rule of Law
III.
National Contestation
IV.
International Impact of National Contestations
V.
Conclusion
6.
Domestic Non-Judicial Institutions in the Development of the International Rule of Law
I.
Introduction
II.
Non-Judicial Institutions in Regulatory International Law
III.
Non-Judicial Institutions as Promoters of Accountability
IV.
Domestic Non-Judicial Institutions as Models for Global Regulatory Governance
V. Domestic Non-Judicial Institutions as International Law-Makers
VI.
Conclusion: The International Rule of Law
beyond Compliance
7.
Interactions Between Domestic Social Norms and International Law over Trade Dispute Resolution
I.
Introduction
II.
Extant Literature on the WTO DSM
III.
A New, Norm-Based Approach
IV.
Empirical Case Studies
V.
Conclusion
Part II.
International Deference to the NationalLegal Order
8. The Rule of Law
imensions of Dialogues Betwe en National Courts and Strasbourg
I.
Introduction
II. Transjudicial Dialogue
III.
Transjudicial Dialogues in the ECHR
IV.
Conclusion: The Rule of Law Dimensions
of Transjudicial Dialogues
9.
Three Interpretive Constraints
on the European Court of
Human Rights
I.
Introduction
II.
The Doctrines Constraining the ECtHR
III. Protecting the Court'S
Normative Legitimacy
IV.
Striving to Reach Good Results
V.
Conclusion
10.
Human Rights, the Margin of Appreciation, and the International Rule of Law
I.
Introduction
II.
Prefatory Remarks about the Rule of Law
and the International Rule of Law
III.
The Margin of Appreciation
IV.
The Margin of Appreciation and the
International Rule of Law
V.
Conclusion
11.
Subsidiarity in the Practice of International Courts
I.
Introduction
II.
A Historical Overview of Subsidiarity
III. Preserving a State's
Competence
IV. Shifting Competence to International Courts
V.
Normative Values of Subsidiarity
VI.
Conclusion
12.
Revisiting the Reservations Dialogue: Negotiating Diversity while Preserving Universality Through Human Rights Law
I.
Introduction
II.
The Relationship between the Rule of Law Concept,
Human Rights, and Universality
III.
The Reservations Regime and the Reservations Dialogue
IV.
Re-imagining the Reservations Dialogue
V.
The Reservations Dialogue as an Interface between
the Domestic and the International Rule of Law
VI.
Conclusions
13.
Universality, Diversity, and Legal Certainty: Cultural Diversity in the Dialogue Between the CEDAW and States Parties
I.
Introduction
II.
Two Conceptual Issues on Cultural Diversity
in International Human Rights Law
III.
Cultural Diversity in the Implementation of the ICEDAW
IV.
The Processes of Dialogue between the Committee
and States Parties
V.
Concluding Remarks: Role of Dialogue in Mediating
Cultural Diversity and Legal Certainty
14.
Domestic Courts Under Scrutiny:
The Rule of Law as a
Standard (of Deference) in
Investor-State Arbitration
I.
Introduction
II. The Concept 'Rule of Law'
and the Role of Domestic Courts
III.
Assessing Domestic Court Proceedings through
the Lens of Investment Treaty Standards
IV.
The Role of Domestic Law Criteria when Assessing
Domestic Court Proceedings
V.
Concluding Observations
15. The Rule of Law at the National and International Levels in Post-Conflict Peace Agreements
I.
Introduction
II.
Peace Agreements as Constitutions
III. Constitutional Peace Agreements as 'Hybrid'
Instruments
IV.
Dialogue and Deference in Constitutional
Peace Agreements
V.
Conclusion
16.
The Rule of Law and the Division of Labour Between National and International Law: The Case of International Energy Relations
I.
Introduction
II.
The Need for New Theories to Conceptualise the Relations between National and International Energy Law
III.
The Division of Labour between National
and International Energy Law
IV.
Interfaces Structuring the Division of Labour
V.
Conclusion: The Rule of Law as Interface between
International and National Law
Conclusion
17.
The International Rule of Law in the Cycle of Contestations and Deference
I.
National Contestations
II.
International Deference
III.
Problems of Uncertainty and Particularity
IV.
The International Rule of Law beyond Compliance
Index