GEERT DE BAERE, ANNA-LUISE CHANÉ, JAN WOUTERS, INTERNATIONAL COURTS AS KEEPERS OF THE RULE OF LAW: ACHIEVEMENTS, CHALLENGES, AND OPPORTUNITIES
12 Iunie 2016 — Mihai Sandru
INTERNATIONAL COURTS AS KEEPERS OF THE RULE OF LAW: ACHIEVEMENTS, CHALLENGES, AND OPPORTUNITIES, New York University Journal of International Law & Politics . Spring 2016, Vol. 48 Issue 3, p715-793. 79p.
Abstract:This Article develops a conceptual and analytical framework to assess the contribution of international and supranational courts and tribunals to the rule of law at the international, regional, and domestic levels. After a brief historical overview of the rise of international adjudication, it clarifies the distinction between supranational and international judicial bodies and explores possible interpretations of the concept of the rule of law. Subsequently, the Article places the international judiciary in its political context and analyzes the institutional safeguards of the courts’ independence and impartiality. Finally, the Article provides an exploratory comparative analysis of the many ways in which international courts may arguably strengthen the rule of law and takes a closer look at the remaining challenges that the international judiciary faces today.