Vertical Comparative Law Methods: Tools for Conceptualising the International Rule of Law

International institutions are increasingly engaged in the exercise of public power – traditionally exercised by states – that might adversely affect individuals. Consequently, calls have arisen for checks and balances in order to provide affected individuals with adequate avenues for recourse and redress. Developing the ‘rule of law’ concept at the international level is one way in which this issue has been addressed, although only to a limited extent. This article explores the potential of comparative law methodology as a means to further this conceptualisation. It is argued that ‘vertical, bottom-up’ comparative law methods (as expounded by this article) can assist lawyers inspired by certain concepts within national legal systems (such as the rule of law) to apply these concepts – or the ideas behind them – at the international level. Furthermore, it is argued that employing comparative law methodology in this manner is increasingly justifi ed by the emergence of a ‘common zone of impact’ – i.e., the area of overlap between national and international law, where individuals are adversely affected by the exercise of public power by states and international institutions alike. The authors propose a comparative law typology and discuss what risks might typically be involved in employing comparative law methods in general, as well as ways in which these risks could potentially be mitigated. Specifi cally, the article sets out a particular vertical, bottom-up comparative law method, as employed in the context of two separate doctoral research projects, both focusing on ways to enhance the accountability of international institutions: one in the context of international territorial administrations, and the other in the context of the World Bank and its Inspection Panel

Accountability of International Territorial Administrations: a public law approach

This book conceptualizes the accountability deficit of missions engaged in the international administration of territories. In so doing, a public-law approach is adopted. The book explores to what extent it is warranted to perceive these missions as public entities exercising public power rather than international organizations merely engaged in extensive peacekeeping and, if such a paradigm shift is accepted, how public law influences our understanding of the accountability deficit. The linkage is explored between the rule of law, judicial review and an independent judiciary as cornerstone-principles of public law on the one hand and the main institutional and conceptual characteristics of international territorial administration on the other hand. The author concludes that insufficient regard for public law principles is at the core of the accountability deficit and that public law should play a role in addressing this deficit. Aleksandar Momirov was born in Belgrade, Serbia. He studied Dutch law and holds an LL.M. degree in Public International Law from the Erasmus University Rotterdam, The Netherlands. Momirov worked at the International Criminal Tribunal for the Former Yugoslavia between 2002 and 2005 as a member of several defense teams. He also spent several months in Priština where he worked with members of the Ombudsperson Institution in Kosovo. Since 2005, he has been working at the department of Public International Law at the Erasmus School of Law