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Rule of Law Dynamics
In an Era of International and Transnational Governance

$37.99 (C)

Wolfgang Merkel, Helmut Philipp Aust, Georg Nolte, Tim Gemkow, Michael Zürn, Gunnar Folke Schuppert, Frank Schimmelfennig, Monika Heupel, Paulette Lloyd, Beth Simmons, Brandon Stewart, Linn Hammergren, Tilmann Röder, John Gillespie, Richard Zajac Sannerholm, Sarah Nouwen, Randall Peerenboom, André Nollkaemper
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  • Date Published: March 2014
  • availability: Available
  • format: Paperback
  • isbn: 9781107666153

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About the Authors
  • 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
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    Product details

    • Date Published: March 2014
    • format: Paperback
    • isbn: 9781107666153
    • length: 402 pages
    • dimensions: 229 x 152 x 21 mm
    • weight: 0.54kg
    • contains: 15 b/w illus. 15 tables
    • availability: Available
  • Table of 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.

  • Editors

    Michael Zurn, Wissenschaftszentrum Berlin für Sozialforschung
    Michael Zürn is director of the research unit Transnational Conflicts and International Institutions of the Social Science Research Center Berlin and Professor of International Relations at the Free University of Berlin. From 2004 to 2009 he was founding dean of the Hertie School of Governance in Berlin. Zürn is a member of the Berlin-Brandenburg Academy of Sciences. He is (co-)editor or (co-)author of numerous books, including Handbook on Multi-Level Governance (2010), Transformations of the State (2005) and Law and Governance in Post-national Europe (2005).

    Andre Nollkaemper, Universiteit van Amsterdam
    André Nollkaemper is Professor of Public International Law at the Faculty of Law of the University of Amsterdam, where he previously directed the Amsterdam Center for International Law. He is an external legal advisor of the Minister for Foreign Affairs of the Netherlands and member of the Board of the European Society for International Law. He has practical experience in cases before several international courts and tribunals and courts of the Netherlands. He is co-editor in chief of the journal International Law in Domestic Courts and member of the editorial board of The Hague Journal of Rule of Law. His books include National Courts and the International Rule of Law (2011) and, as editor, New Perspectives on the Divide between International and National Law (2007).

    Randy Peerenboom, La Trobe University, Victoria
    Randall Peerenboom is a law professor at La Trobe University and an associate fellow of the Oxford University Centre for Socio-Legal Studies. He was a professor at UCLA Law School from 1998 to 2007 and director of the Oxford Foundation for Law, Justice and Society Rule of Law in China programme. He has been a consultant to the Asian Development Bank, Ford Foundation, EU-China, UNDP and other international organizations on legal reforms and rule of law in China and Asia and is the co-editor in chief of The Hague Journal of Rule of Law. He is the author or co-editor of Judicial Independence in China (2010), Regulation in Asia (2009), China Modernizes: Threat to the West or Model for the Rest? (2007), Human Rights in Asia (2006), Asian Discourses of Rule of Law (2004) and China's Long March toward Rule of Law (2002).

    Contributors

    Wolfgang Merkel, Helmut Philipp Aust, Georg Nolte, Tim Gemkow, Michael Zürn, Gunnar Folke Schuppert, Frank Schimmelfennig, Monika Heupel, Paulette Lloyd, Beth Simmons, Brandon Stewart, Linn Hammergren, Tilmann Röder, John Gillespie, Richard Zajac Sannerholm, Sarah Nouwen, Randall Peerenboom, André Nollkaemper

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