This volume explores the various strategies, mechanisms and processes that influence rule of law dynamics across borders and the national/international divide, illuminating the diverse paths of influence. It shows to what extent, and how, rule of law dynamics have changed in recent years, especially at the transnational and international levels of government. To explore these interactive dynamics, the volume adopts an interdisciplinary approach, bringing together the normative perspective of law with the analytical perspective of social sciences. The volume contributes to several fields, including studies of rule of law, law and development, and good governance; democratization; globalization studies; neo-institutionalism and judicial studies; international law, transnational governance and the emerging literature on judicial reforms in authoritarian regimes; and comparative law (Islamic, African, Asian, Latin American legal systems).
• Focuses of rule of law at the international and transnational levels, as well as at the domestic level, whereas most volumes emphasize only rule of law at the domestic level within states • Provides a new analytic framework for understanding the dynamics of rule of law, discussing rule of law promotion, rule of law diffusion and rule of law conversion (i.e. the reception of rule of law), whereas most works focus mainly on rule of law promotion and to a lesser extent conversion/reception • Provides constructive advice for policymakers and those working in the rule of law promotion industry
Contents
Part I. Rule of Law at the International, National, and Transnational Level: 1. Measuring the quality of rule of law: virtues, perils, results Wolfgang Merkel; 2. International law and the rule of law at the national level Helmut Philipp Aust and Georg Nolte; 3. Constraining international authority through the rule of law: legitimatory potential and political dynamics Tim Gemkow and Michael Zürn; 4. New modes of governance and the rule of law: the case of transnational rule-making Gunnar Folke Schuppert; Part II. Actors: Strategies and Responses: 5. Rule of law promotion policies in comparison Frank Schimmelfennig; 6. Rule of law promotion through international organizations and NGOs Monika Heupel; 7. Combating transnational crime: the role of learning and norm diffusion in the current rule of law wave Paulette Lloyd, Beth Simmons and Brandon Stewart; 8. Rule of law challenges in middle income countries and donor approaches to addressing them Linn Hammergren; 9. Civil-military cooperation in building the rule of law Tilmann Röder; 10. Developing a theoretical framework for evaluating rule of law promotion in developing countries John Gillespie; 11. Rule of law promotion after conflict: experimenting in the Kosovo laboratory Richard Zajac Sannerholm; 12. The ICC's intervention in Uganda: which rule of law does it promote? Sarah Nouwen; 13. From rule of law promotion to rule of law dynamics Randall Peerenboom, Michael Zürn and André Nollkaemper.
Printer friendly version