Lost in Transition? – Domestic Courts, International Law and Rule of Law « À La Carte »

E. Kristjánsdóttir, A. Nollkaemper & C. Ryngaert (dir.), International Law in Domestic Courts – Rule of Law Reform in Post-Conflict States, Antwerp: Intersential (2012)

18 Pages Posted: 12 May 2017

See all articles by Stephane Beaulac

Stephane Beaulac

University of Montreal - Faculty of Law; Dentons Canada LLP

Date Written: 2012

Abstract

This book is concerned with the possible role of the national judiciary in promoting the rule of law domestically through the use on international normativity, particularly in jurisdiction that have gone through violent conflicts or that have moves out of authoritarian regimes. With a view to giving a bit of perspective to the case studies and other discussions in this book, the present chapter dwells upon the heuristic models for he rule of law in relation to the problematics of international law in domestic courts. Avoiding the lieux communs of these issues, the goal is to set the tone and help navigate the sometimes obscure waters of these diverse situations of transition toward a structured social organisation bases on a new or true stable constitutional arrangement. Before discussing role of law heuristic models, groundwork questions need to be briefly addressed: what do the UN mean by the "international rule of law" (section 2), and what do recent debates on interlegality teach us in term of the international rule of law (section 3)? Next, the crux of the paper (section 4), where various formulations of the rule of law are examined, from thin to thick understanding, highlights the difficulties with a spectrum-type of reasoning. The conclusion is that an 'à la carte' heuristic model is most appropriate for rationalising the rule of law and interlegality.

Suggested Citation

Beaulac, Stephane, Lost in Transition? – Domestic Courts, International Law and Rule of Law « À La Carte » (2012). E. Kristjánsdóttir, A. Nollkaemper & C. Ryngaert (dir.), International Law in Domestic Courts – Rule of Law Reform in Post-Conflict States, Antwerp: Intersential (2012), Available at SSRN: https://ssrn.com/abstract=2965229

Stephane Beaulac (Contact Author)

University of Montreal - Faculty of Law ( email )

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Dentons Canada LLP ( email )

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Montreal, Québec H3B 4M7
Canada

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