International Law in Domestic Courts: Rule of Law Reform in Post-Conflict States

Abstract

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.

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Keywords: International law, post-conflict states, post-authoritarian states, rule of law, national courts

JEL Classification: K33