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17 - International Courts and Tribunals and the Rule of Law in Asia

from Part IV - Implementation and Enforcement

Published online by Cambridge University Press:  09 November 2018

Takao Suami
Affiliation:
Waseda University, Japan
Anne Peters
Affiliation:
Max-Planck-Institut für ausländisches öffentliches Recht und Völkerrecht, Germany
Dimitri Vanoverbeke
Affiliation:
Katholieke Universiteit Leuven, Belgium
Mattias Kumm
Affiliation:
Humboldt-Universität zu Berlin
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Summary

Geir Ulfstein (chapter 17) discusses whether the rule of law as known from the national constitutional context is also useful internationally. He examines whether an international rule of law should be seen as part of Global Constitutionalism. The significance of international courts and tribunals for the rule of law in the Asian context is then dealt with. The strong regional courts in Europe are compared with the weak development of regional courts in Asia. The question is raised whether the use by Asian states of global dispute settlement mechanisms may compensate for the lack of regional courts. The chapter reflects on why the regional Asian judiciary is so weak and considers if more regional judicialisation may be expected in future. It also asks whether viable alternative Asian procedures for dispute resolution exist. This discussion is used to assess the status of the rule of law in Asia, but also the possibility that the Asian states’ sceptical approach to international judicialisation may weaken the global rule of law.
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Publisher: Cambridge University Press
Print publication year: 2018

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