20 research outputs found

    Human rights protection in international organizations in the era of multi-level governance and legal pluralism

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    Heupel's chapter explores the emergence of human rights protection provisions in international organizations (IOs). It shows that such provisions can emerge via different pathways, namely hegemonic and judicial lawmaking. It suggests that multi-level governance and legal pluralism have detrimental and beneficial effects for the rule of law, depending on specific scope conditions. States at first exploited the opportunities provided by these phenomena and delegated competences to IOs without attaching effective human rights safeguards. Over time, however, powerful actors, benefitting from established routines and the presence of domestic/international scripts, exploited the access points provided by the multi-level nature of the underlying governance arrangements and their embeddedness in different legal orders and successfully made the World Bank and the European Union to commit to human rights safeguards

    Introduction : the rule of law in an era of multi-level governance and global legal pluralism

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    Reinold and Heupel's introductory chapter articulates the volume's overarching research question, surveys relevant International Relations and International Law scholarship, proposes a conceptual framework for answering the volume's question, and presents the structure of the book. The guiding question is whether the coexistence of (partially) overlapping and sometimes competing layers of authority, which characterizes today's global order, undermines or rather strengthens efforts to promote the rule of law on a global scale. Summarizing the volume's findings, Reinold and Heupel argue that whether multi-level governance and global legal pluralism have beneficial or detrimental effects on the international rule of law depend on specific scope conditions. Among these are the mobilization of powerful states and courts, and the fit between soft law and hard arrangements
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