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Sonja Grover - Peremptory International Legal Norms and the Democratic Rule of Law

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Sonja Grover Peremptory International Legal Norms and the Democratic Rule of Law
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Peremptory International Legal Norms and the Democratic Rule of Law explores the risks to the democratic State inherent in the attempt to divorce the notion of democratic rule of law from respect for and adherence to peremptory international legal norms which allow for no derogation therefrom such as the prohibition of torture and inhumane treatment or punishment by the State.The chapters address, with specific current case examples, in what ways the democratic rule of law within certain democratic States risks being undermined through those States acquiescing to the erosion of peremptory international law norms in the domestic and international context. The book therefore explores the question of in what ways such democratic State acquiescence in effect may ultimately disrupt the investment within the State in the shared culture of core human rights values that underlies democratic rule of law itself and highlights the fragility of that shared culture. The contributors argue for a renewed commitment in principle and practice to the democratic rule of law and to its human rights international normative underpinnings.Peremptory International Legal Norms and the Democratic Rule of Law will be of great interest to scholars of international law, human rights and democracy. The chapters originally published as a special issue of The International Journal of Human Rights.

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Peremptory International Legal Norms
and the Democratic Rule of Law
Peremptory International Legal Norms and the Democratic Rule of Law explores the risks to the democratic State inherent in the attempt to divorce the notion of democratic rule of law from respect for and adherence to peremptory international legal norms which allow for no derogation therefrom such as the prohibition of torture and inhumane treatment or punishment by the State.
The chapters address, with specific current case examples, in what ways the democratic rule of law within certain democratic States risk being undermined through those States acquiescing to the erosion of peremptory international law norms in the domestic and international context. The book therefore explores the question of in what ways such democratic State acquiescence in effect may ultimately disrupt the investment within the State in the shared culture of core human rights values that underlies democratic rule of law itself and highlights the fragility of that shared culture. The contributors argue for a renewed commitment in principle and practice to the democratic rule of law and to its human rights international normative underpinnings.
Peremptory International Legal Norms and the Democratic Rule of Law will be of great interest to scholars of international law, human rights and democracy. The chapters originally published as a special issue of The International Journal of Human Rights.
Sonja Grover is a Professor with Lakehead University and an Associate Editor of The International Journal of Human Rights who has published extensively in the field of international law including a previous edited volume with Routledge entitled The Responsibility to Protect: Perspectives on the Concepts Meaning, Proper Application and Value.
Peremptory International Legal
Norms and the Democratic
Rule of Law
Edited by
Sonja Grover
First published 2020 by Routledge 2 Park Square Milton Park Abingdon Oxon - photo 1
First published 2020
by Routledge
2 Park Square, Milton Park, Abingdon, Oxon, OX14 4RN
and by Routledge
52 Vanderbilt Avenue, New York, NY 10017
Routledge is an imprint of the Taylor & Francis Group, an informa business
2020 Taylor & Francis
All rights reserved. No part of this book may be reprinted or reproduced or utilised 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.
Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe.
British Library Cataloguing in Publication Data
A catalogue record for this book is available from the British Library
ISBN13: 978-0-367-41989-9
Typeset in Minion Pro
by Newgen Publishing UK
Publishers Note
The publisher accepts responsibility for any inconsistencies that may have arisen during the conversion of this book from journal articles to book chapters, namely the inclusion of journal terminology.
Disclaimer
Every effort has been made to contact copyright holders for their permission to reprint material in this book. The publishers would be grateful to hear from any copyright holder who is not here acknowledged and will undertake to rectify any errors or omissions in future editions of this book.
Contents
Sonja Grover
Alise Coen
Ryan Alford
Mariette Brennan and Miriam Cohen
Oscar Gakuo Mwangi
Denise Gonzlez- Nez
Ridvan Peshkopia, Drin Konjufca, Erblin Salihu and Jonida Lika
The chapters in this book were originally published in The International Journal of Human Rights FJHR, volume 22, issue 10 (December 2018). When citing this material, please use the original page numbering for each article, as follows:
Introduction
Sonja Grover
The International Journal of Human Rights FJHR, volume 22, issue 10 (December 2018), pp. 12671268.
Chapter 1
International order, the rule of law, and US departures from refugee protection
Alise Coen
The International Journal of Human Rights FJHR, volume 22, issue 10 (December 2018), pp. 12691284.
Chapter 2
The harbinger theory of terrorism and the rule of law: the danger of balancing non-derogable rights against security when relying on threat assessments produced by self-interested intelligence agencies
Ryan Alford
The International Journal of Human Rights FJHR, volume 22, issue 10 (December 2018), pp. 12851301.
Chapter 3
Citizenship by descent: how Canadas one-generation rule fails to comply with international legal norms
Mariette Brennan and Miriam Cohen
The International Journal of Human Rights FJHR, volume 22, issue 10 (December 2018), pp. 13021317.
Chapter 4
Securitisation, non-refoulement and the rule of law in Kenya: the case of Somali refugees
Oscar Gakuo Mwangi
The International Journal of Human Rights FJHR, volume 22, issue 10 (December 2018), pp. 13181334.
Chapter 5
The widespread use of torture in Mexico and its impacts on the rule of law
Denise Gonzlez-Nez
The International Journal of Human Rights FJHR, volume 22, issue 10 (December 2018), pp. 13351354.
Chapter 6
EU membership conditionality in promoting acceptance of peremptory human rights norms: a case study in Albania considering public opinion
Ridvan Peshkopia, Drin Konjufca, Erblin Salihu and Jonida Lika
The International Journal of Human Rights FJHR, volume 22, issue 10 (December 2018), pp. 13551376.
For any permission-related enquiries please visit:
www.tandfonline.com/page/help/permissions
Ryan Alford is an Associate Professor at Bora Laskin Faculty of Law and a visiting fellow at the Max Planck Institute for European Legal History in 2019. He is the author of Permanent State of Emergency: Unchecked Executive Power and the Demise of the Rule of Law (2017), and is currently writing a book entitled What Does Canadas Rule of Law Protect? Recovering the Rights Protected by Our Unwritten Constitutional Principles.
Mariette Brennan is an Associate Professor at the Bora Laskin Faculty of Law at Lakehead University. She holds a PhD (Law) from Osgoode Hall Law School, York University, an LLM (with distinction) in International Human Rights Law from the University of Essex (United Kingdom) and a JD from the University of Ottawa. Her main areas of research are constitutional and public health law.
Alise Coen received her PhD from the University of Delaware in Political Science and International Relations. She is currently Assistant Professor of Political Science at the University of Wisconsin-Sheboygan. Her research explores connections among global governance, humanitarian displacement crises, international human rights norms and US foreign policy. Her work has appeared in Ethics & International Affairs, Politics and Religion, Global Change, Peace & Security
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