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The International Rule of Law: Scope, Subjects, Requirements


ISBN13: 9781789907414
Published: May 2021
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £109.00



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This insightful book offers an in-depth examination of whether, and if so how and to what degree, contemporary international law can and should conform to and develop the rule of law principle. Motivated by the neglect of conceptual and normative theorizing of the international rule of law within contemporary international legal scholarship, Denise Wohlwend analyses the moral and legal principle of the rule of law in the international legal order.

The book draws on the tradition of analytical jurisprudence to explore the possibility and desirability of the international rule of law. Encompassing both international and domestic legal orders, the book advocates for a shift in the way the international rule of law is theorized, endorsing an approach that understands it as beneficial to individuals and as closely related to the domestic rule of law.

This will be an invigorating read for legal scholars who deal with the international rule of law, whether at the level of positive law or legal theory. Representatives of international institutions, non-governmental organizations and policy-makers interested in the policy debate on the development and the strengthening of the international rule of law may also find this a useful book.

Subjects:
Public International Law
Contents:
1. Introduction
2. The rule of law
3. The rule of law in question
4. The emergence of the rule of law in international law and practice
5. Setting the stage for the international rule of law
6. The scope of the international rule of law
7. The subjects of the international rule of law
8. The generality of international law
9. The publicity of international law
10. The non-conflictingness and non-contradictoriness of international law
11. Conclusion
Index