International Institutions and the Rule of Law: The Case of National Corruption

The practice of modern international law seems inherently bound up with the quest for a rule of law in international affairs. This commitment to the rule of law at the international level finds expression not merely in academic literature, but has been regularly endorsed by states themselves, particularly in the context of the United Nations. Nevertheless, the pursuit of an international rule of law is an ambition which is constantly frustrated. The institutional structure of the international legal order seems incompatible with this vision, resulting in a constant sense of frustration about the apparently ‘primitive’ or otherwise constitutionally deficient institutional structure of modern international law. In fact, despite the intensification of ‘governance’ through international institutions in the years since the end of the Second World War, it seems like the proliferation and growing normative authority of international institutions more often than not gives rise to more concerns from a rule of law perspective. In this article I not only seek to understand the nature of this rule of law commitment and the reasons for this constant frustration, but in doing so I will argue that the institutional context implicit in the ideal of the rule of law is incompatible with the nature and functioning of international law. I seek to show, in fact, how the perpetual sense of frustration felt in international law’s failure to live up to this ideal stems from the fact that the rule of law is a notion which is implicitly bound up with the political context of sovereign authority within states. To attempt to impose the rule of law outside of this context will not only result in distortion and mischaracterisation, but runs the risk also of legitimising precisely the kind of arbitrary authority which is the main target of the rule of law itself.

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The Rule of Law in Outer Space

War and Peace in Outer Space ◽

10.1093/oso/9780197548684.003.0004 ◽

2020 ◽

pp. 91-106

Author(s):

Icho Kealotswe-Matlou

Keyword(s):

Rule Of Law ◽

International Institutions ◽

Outer Space ◽

Global Strategy ◽

Political Climate ◽

International Space ◽

The Rule Of Law

Different approaches must be adopted in the governance of outer space if the rule of law is to be enforced. As international institutions and committees engage on a variety of international space matters, efforts must be made to forge an international cooperative structure or authority that aims to foster collaboration in the effort to develop the rule of law in space. Effectively, the call to govern outer space and enforce the rule of law through concerted efforts of an Outer Space Authority has been echoing through the years. It may be that the existing political climate and the urgent need for a coherent global strategy for exploration of space and to prevent outer space militarization all mean that we are at an opportune moment to once again put forward proposals for the establishment of an independent Outer Space Authority, fully clothed with powers to make binding decisions.

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Unpacking democracy and governance: Conceptualizing governance infrastructure

Social Science Information ◽

10.1177/0539018412437112 ◽

2012 ◽

Vol 51 (2) ◽

pp. 263-279 ◽

Cited By ~ 2

Author(s):

Ryan G Baird

Keyword(s):

Economic Development ◽

Rule Of Law ◽

Multinational Firms ◽

International Institutions ◽

Economic Outcomes ◽

The Rule Of Law ◽

Institutional Determinants ◽

Concepts Of Democracy ◽

Development Trajectories ◽

Governance Infrastructure

This article argues that it is necessary to unpack and appropriately separate the concepts of democracy and governance. The impetus for this research comes from the ongoing and expanding convolution of the concepts of democracy and governance by academics, international institutions and policymakers. One of the more important areas of research that is affected by this convolution argues that democracies guarantee the rule of law and provide superior institutions which considerably influence not only developing states’ overall development trajectories, but also multinational firms’ decisions on where to do business. I argue that these superior institutions, such as the rule of law and quality bureaucracy, are separate from the institutions of democracy and constitute the concept of governance infrastructure. Moreover, it is the institutions that comprise governance infrastructure and not the institutions of democracy that are key institutional determinants of developing states’ economic outcomes. Therefore, only by appropriately conceptualizing governance infrastructure, as is done in this article, and separating it theoretically and empirically from democracy will scholars and policymakers move forward in understanding the determinants of economic development.

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Imperfect Alternatives: Institutional Choice and the Reform of Investment Law

The American Journal of International Law ◽

10.1017/ajil.2018.70 ◽

2018 ◽

Vol 112 (3) ◽

pp. 361-409 ◽

Cited By ~ 13

Author(s):

Sergio Puig ◽

Gregory Shaffer

Keyword(s):

Rule Of Law ◽

International Institutions ◽

Institutional Analysis ◽

Institutional Choice ◽

The Rule Of Law ◽

Trade Offs ◽

Comparative Institutional Analysis ◽

Investment Law ◽

Institutional Choices

AbstractThis Article applies the theory of comparative institutional analysis to evaluate the trade-offs associated with alternative mechanisms for resolving investment disputes. We assess the trade-offs in light of the principle of accountability under the rule of law, which underpins the goals of fairness, efficiency, and peace that are attributed to investment law. The Article makes two recommendations: first, reforms should address complementarity between domestic and international institutions; second, institutional choices should respond to the different contexts that states face.

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DISCRIMINATION. NEW CHALLENGES REGARDING HEALTH PROTECTION

Jus et Civitas – A Journal of Social and Legal Studies ◽

10.51865/jetc.1.05 ◽

2021 ◽

Vol 8(62) (1) ◽

pp. 35-42

Author(s):

Dragoș-Lucian Rădulescu ◽

Keyword(s):

Human Rights ◽

Rule Of Law ◽

International Institutions ◽

Labor Relations ◽

Control Mechanisms ◽

The Rule Of Law ◽

State Institutions ◽

Protection Of Human Rights ◽

New Challenges

The fight against discrimination is a general issue of the essence of the international institutions involved in the protection of human rights, democracy and the rule of law. This paper examines the application of the principles of discrimination, in scope to a better understanding of the fundamental concepts and the method of apply the control mechanisms. The main objective is reported to identify the international and national regulations on non-discrimination, as well as jurisprudential developments. The purpose of the research is related to highlighting the importance of recognizing the principle of non-discrimination in labor relations, in the event of the Covid pandemic, by analysing the role of state institutions, as well as the evolution of jurisprudential developments and the ways to combat discrimination.

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Re-Evaluating Triage in International Justice during COVID-19 – Complying with the Rule of Law?

International Organizations Law Review ◽

10.1163/15723747-18030007 ◽

2021 ◽

Vol 18 (3) ◽

pp. 448-481

Author(s):

Francesca Ippolito

Keyword(s):

Human Rights ◽

Rule Of Law ◽

International Institutions ◽

International Criminal ◽

Criminal Court ◽

Fundamental Rights ◽

International Justice ◽

Human Rights Law ◽

International Human Rights ◽

The Rule Of Law

Abstract This article addresses the challenges (and responses thereto) for those international institutions devoted to mandatory monitoring the individuals’ protection of fundamental rights during and after the COVID pandemic. It covers the practice of several of the main regional (European, Inter-American and African) judicial and quasi-judicial human rights bodies in a comparative overview with the UN human rights monitoring bodies and the International Criminal Court. The interesting medical metaphor of ‘triage’ (i.e., designing a system of priorities to maximize impact, during an emergency) is used to discuss the measures taken to preserve the rule of law, both in their internal functioning as well as in promoting the rule of law within national legal orders when monitoring the States’ compliance with international human rights obligations and guidelines about COVID-19. While overall, procedures in the different bodies were developed to ensure that the rule of law is maintained, which makes it easier to respond to similar crises in the future, the pandemic also sheds light on the need to revisit some substantive concepts in human rights law.

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