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Luncheon Meeting (INTERFACES) by Machiko Kanetake

Detail Summary
Date 25 September 2012
Time 12:00 - 13:00

Abstract

The interfaces between national and international law are the points where the actors, norms and procedures belonging to respective legal orders interact with one another. These interfaces have significantly evolved due to subject-matter overlap between national and international law. The “rule of law” is no exception in this regard. Both national and international law purport to regulate the manner in which the governmental authority is exercised. Human rights law, which falls within the broader definition of the rule of law, is a prominent example.

International scholarship has so far largely examined the interfaces from the perspective of the national rule of law, i.e., the national reception of the international rule of law. Much less recognized is the international perspective, namely as to how the international rule of law understands, accepts, or resists national rule of law practices. This paper examines the international reception of national rule of law practices within a specific regulatory context of the listing decisions of the UN Security Council’s targeted sanctions. It analyzes the “principles of fairness and transparency” developed in response to a series of national rule of law practices, as standards which regulate the UN Security Council’s decisions to list specific individuals and entities. Through this example, the paper aims at illustrating the four different modes— legal, political, theoretical and normative—through which the national rule of law practices connect and bring about changes to the international rule of law.

Location

Faculty of Law, University of Amsterdam

Oudemanhuispoort 4-6, Room A101