Institutional Supports for the International Rule of Law
The rule of law is widely seen as the cornerstone of any effective polity and increasingly a vital component of the international political system. If the international rule of law as to be strengthened, it would greatly contribute to trade, security, human rights and global cooperation in a range of fields. Yet, in many areas the rule of law seems almost absent in international affairs.
This book explores the institutions that support the effectiveness of the rule of law domestically. It focuses on the extent to which similar institutions already exist at international level and analyses the possibility of their further development. The authors speculate on how the international rule of law might be advanced in the future, thereby suggesting potential strategies for strengthening the international rule of law. Adopting an interdisciplinary approach and combining the fields of international relations, politics and law, this book covers a range of institutions including:
UN Security Council
International Court of Justice
Human rights machinery
Regional human rights
International Criminal Court
World Trade Organization
International Tribunal for the Law of the Sea
UN Department of Peacekeeping Operations.
It will be of great interest to students and scholars of international relations, international organizations, global governance, international law, migration law, international peace and security law, applied ethics, political economy, political science and sociology.
Charles Sampford is the Director of the Institute for Ethics, Governance and Law, Griffith University, Australia, a joint initiative with the United Nations University, Griffith, QUT, ANU, Jindal Global University and the Center for Asian Integrity in Manila.
Ramesh Thakur is the Director of the Centre for Nuclear Non-proliferation and Disarmament (CNND) in the Crawford School, Australian National University.
Routledge/Challenges of Globalisation
Edited by Charles Sampford and Carmel Connors
Griffith University, Australia
This series seeks to make systematic contributions to international debates over two intimately related issues:
The values that should inform the governance of modern states and the globalizing world in which they are increasingly enmeshed, in particular whether the liberal democratic values that sought to civilize the sovereign state need to be reconceived as global values.
The institutions that are needed to realize those values, be they local, national, regional, international, transnational or global.
1 Globalisation and Equality
Edited by Keith Horton and Haig Patapan
2 Globalisation and the Rule of Law
Edited by Spencer Zifcak
3 Environmental Values in a Globalising World
Nature, justice and governance
Edited by Jouni Paavola and Ian Lowe
4 Globalisation and Citizenship
The transnational challenge
Edited by Wayne Hudson and Steven Slaughter
5 Global Democracy and its Difficulties
Edited by Anthony J. Langlois and Karol Edward Sotan
6 New Visions for Market Governance
Crisis and renewal
Edited by Kate MacDonald, Shelley Marshall and Sanjay Pinto
7 Shifting Global Powers and International Law
Challenges and opportunities
Edited by Rowena Maguire, Bridget Lewis and Charles Sampford
8 Institutional Supports for the International Rule of Law
Edited by Charles Sampford and Ramesh Thakur
First published 2015
by Routledge
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and by Routledge
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Routledge is an imprint of the Taylor & Francis Group, an informa business
2015 Selection and editorial matter, Charles Sampford and Ramesh Thakur; individual chapters, the contributors
The right of Charles Sampford and Ramesh Thakur to be identified as the authors of the editorial material, and of the authors for their individual chapters, has been asserted in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988.
All rights reserved. No part of this book may be reprinted or reproduced or utilized in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.
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British Library Cataloguing in Publication Data
A catalogue record for this book is available from the British Library
Library of Congress Cataloging in Publication Data
Institutional supports for the international rule of law/edited by Charles
Sampford, Ramesh Thakur.
pages cm (Challenges of globalisation)
Includes bibliographical references and index.
Rule of law. 2. International law. I. Sampford, C. J. G. (Charles J. G.), editor of compilation. II. Thakur, Ramesh Chandra, 1948 editor of compilation.
KZ1275.I57 2014
340'.11dc23
2014006633
ISBN: 978-0-415-85736-9 (hbk)
ISBN: 978-1-315-75889-3 (ebk)
Typeset in Times New Roman
by Wearset Ltd, Boldon, Tyne and Wear
Edwin Bikundo is a lecturer at the School of Criminology and Criminal Justice at Griffith University in Brisbane, Australia. He has teaching and research interests in International and Comparative Law, International Criminal Law, International Humanitarian Law, the Law of Evidence and Critical Legal Theory.
Jean-Marc Coicaud is Professor of Law and Global Affairs, and Director of the Division of Global Affairs, at Rutgers University. Prior to joining Rutgers, from 2003 to 2011, he served as the Director of the United Nations University (UNU) Office at the United Nations Headquarters in New York City.
Michael Kirby has held positions of Justice of the High Court of Australia (19962009), Special Representative of the Secretary General for Human Rights in Cambodia (199396) and Chair of the UN Commission of Inquiry on the Democratic Peoples Republic of Korea (201314).
Melea Lewis LLB (Hons) BA (Asian Studies), LLM is Senior Research Assistant, Institute for Ethics, Governance and Law (Griffith University).
William Maley assumed the position of Foundation Director of the Asia-Pacific College of Diplomacy on 1 July 2003. He is a barrister of the High Court of Australia, a member of the Executive Committee of the Refugee Council of Australia and a member of the Australian Committee of the Council for Security Cooperation in the Asia Pacific (CSCAP).
Rahmat Mohamad of Malaysia is the Secretary-General of the Asian-African Legal Consultative Organization (AALCO). Professor Mohamad is an accomplished author and has published numerous research papers and several books and studies on international legal issues.
