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This book explores whether the co-existence of (partially) overlapping and sometimes competing layers of authority, which characterizes today's global order, undermines or rather strengthens efforts to promote the rule of law on a global scale. Heupel and Reinold argue that whether multi-level governance and global legal pluralism have beneficial or detrimental effects on the international rule of law depends on specific scope conditions. Among these are the mobilization of powerful states and courts, as well as the fit between soft law and hard law arrangements. The volume comprises seven case studies written by International Relations and International Law scholars. Bridging the gap between political science and legal scholarship, the volume enables an interdisciplinary perspective on the emergence of an international rule of law. It also provides much needed empirical research on the implications of multi-level governance and global legal pluralism for the rule of law beyond thenation state.
List of contents
Chapter 1. Introduction: The rule of law in an era of multi-level governance and global legal pluralism; Theresa Reinold and Monika Heupel.- Part I. Secondary Rules.-Chapter 2. The primary effects of secondary rules: Institutions and multi-level governance; Charlotte Ku and Paul F. Diehl.- Chapter 3. The rules of interpretation as secondary rules: The perspective of domestic courts; Helmut Philipp Aust.- Chapter 4. The UN Security Council and the politics of secondary rule-making; Theresa Reinold.- Part II. Accountability.- Chapter 5. Accountability dynamics and the emergence of an international rule of law for detentions in multilateral peace operations; Gisela Hirschmann.- Chapter 6. Human rights protection in international organizations in the era of multi-level governance and legal pluralism; Monika Heupel.- Chapter 7. Multi-level governance and the rule of international human rights law: The case of the Voluntary Principles on Security and Human Rights; Magdalena Bexell.- Chapter 8. Whitelisting and the rule of law: Legal technologies and governance in contemporary commercial security; Anna Leander.
About the author
Monika Heupel is Junior Professor for International and European Politics at the University of Bamberg, Germany. Her research focuses on the legitimacy of international institutions and on international organizations' and advanced democracies' commitment to human rights. Recent work has been published in International Studies Quarterly and European Journal of International Relations. Theresa Reinold is Assistant Professor of International Relations at Leiden University, the Netherlands. She received her PhD from Tuebingen University and has been a visiting scholar at Yale, Harvard, and New York University. Her research focuses on the interaction of politics and law in global governance.
Summary
This book explores whether the co-existence of (partially) overlapping and sometimes competing layers of authority, which characterizes today's global order, undermines or rather strengthens efforts to promote the rule of law on a global scale. Heupel and Reinold argue that whether multi-level governance and global legal pluralism have beneficial or detrimental effects on the international rule of law depends on specific scope conditions. Among these are the mobilization of powerful states and courts, as well as the fit between soft law and hard law arrangements. The volume comprises seven case studies written by International Relations and International Law scholars. Bridging the gap between political science and legal scholarship, the volume enables an interdisciplinary perspective on the emergence of an international rule of law. It also provides much needed empirical research on the implications of multi-level governance and global legal pluralism for the rule of law beyond thenation state.
