- Importing International Law in Post-Conflict States: the Role of Domestic Courts
- Number of pages
- Amsterdam: Amsterdam Center for International Law, University of Amsterdam
- Amsterdam Law School Legal Studies Research Paper
- Volume | Edition (Serie)
- Document type
- Working paper
- Faculty of Law (FdR)
- Amsterdam Center for International Law (ACIL)
States that are in transition after a violent conflict or an authoritarian past face daunting challenges in (re)establishing the rule of law. This paper contains the introduction and the conclusion of a volume that empirically examines several recent attempts which states have made to buttress the rule of law by importing international law into the gaps created in domestic law in a transition period. More in particular, the volume considers the practice of empowering national courts to give effect to international law in order to protect the rule of law. The case-studies cover such diverse situations as Iraq, Afghanistan, the Balkans, Nepal, and Rwanda.
The paper addresses the two dynamics of law reform. On the one hand, much of the literature on rule of law promotion by states and international institutions takes an ‘exporting’ approach, focussing on activities of international institutions to bolster the role of international law at national level. On the other hand, the effect of such strategies, both in legal and practical terms, depends on the ‘receiving’ state.
- go to publisher's site
- September 2011. ACIL Research Paper No 2011-12
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