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Begin New Search Topic Rule of Law Political Geography Global Focus Content Type Journal Article Publication Year within 10 Years

1. People or Technology: What Drives Democracy

Author:
Paul Nemitz
Publication Date:
03-2022
Content Type:
Journal Article
Journal:
Turkish Policy Quarterly (TPQ)
Institution:
Turkish Policy Quarterly (TPQ)
Abstract:
There is no doubt that technology has shaped democracy. However, it is also the legal rules concerning technology which have shaped and have been shaped by democracy. Developing and using technologies according to democratic rules is what we need. There are libertarians today who deliberately design technological systems in a way that makes control by democratic states increasingly difficult. However, there is sufficient counter power and engagement, at least in Europe, to ensure that democracy functions and we work together to produce rules that are sensible for the future of democracy and confirm the supremacy of democracy over technology and business interests.
Topic:
Science and Technology, Democracy, Business, and Rule of Law
Political Geography:
Global Focus

2. Modern Authoritarian Regimes: a Contribution to the Systematisation of the Continuing Debate

Author:
Jan Holzer and Peter Martinek
Publication Date:
01-2018
Content Type:
Journal Article
Journal:
Warsaw East European Review (WEER)
Institution:
Centre for East European Studies, University of Warsaw
Abstract:
This paper deals with the conceptual framework of so-called ‘modern authori- tarianism’, allegedly a form of government typical of non-democratic regimes at the begin- ning of the twenty-first century. The paper is based on the approach of Tyler Roylance, who divided the sources of legitimacy employed by modern authoritarian regimes into five spheres: the economy, the media, political competition, civil society and the rule of law. Following the arguments presented by various authors in their efforts to conceptualise different examples of modern authoritarianism, the paper aims to contrast this debate with the classical approaches to the research of non-democratic regimes.
Topic:
Corruption, Authoritarianism, Rule of Law, and Propaganda
Political Geography:
Global Focus

3. Constitutionalism and the Mechanics of Global Law Transfers

Author:
Andreas L. Paulus and Johann Ruben Leiss
Publication Date:
12-2018
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
This article explores rule of law transfers from an international perspective. Based on the observation that the proposal of an emerging international constitutional order seems to have lost momentum this article emphasizes a global legal reality that is characterized by a complex and rather non-hierarchical interplay between various (fragmented) international legal orders and suborders as well as national legal orders. This article discusses four legal mechanisms that are of pivotal relevance with respect to global rule of law transfers. These mechanisms include, first, so-called “hinge provisions” as doorways between different legal orders, second, harmonious interpretation as a legal tool of integration, third the sources of international law enabling transmission of norms and providing a framework for judicial interaction and, fourth, judicial dialogue as an informal means of rule of law transfer.
Topic:
International Cooperation, International Law, Sovereignty, and Rule of Law
Political Geography:
Global Focus

4. International Investment Law and the Rule of Law

Author:
Peter-Tobias Stoll
Publication Date:
12-2018
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
International investment law appeals to a lawyer’s appetite for the rule of law by disciplining the exercise of power between States and foreign investors through legalization and judicialization. Originally supposed to serve as a fix to promote foreign investments in developing countries in times of legal uncertainties, now, thousands of bilateral investment agreements exist, and the number of cases in investment arbitration has exploded in the last decade. Further, there is a tendency of generalization, as investment protection now features as a standard element of international trade agreements, far beyond the original focus on developing countries. A number of flaws and shortcomings of the rules and procedures became apparent in the course of the more frequent use of the system and resulted in much discussion within the expert community, which resulted in some changes. Furthermore, the long neglected possibility became apparent, that investment claims could be directed against industrialized countries and that the conduct of their authorities could be subjected to review by international arbitration tribunals. This sparked heated public debates, particularly so in the EU. These two developments have in common, that they implicitly as well as explicitly raised the issue of the rule of law. This paper will assess the system of international investment law as it stands, its critique and its reform, through the lens of the rule of law. It will also make a highly idealistic proposal on the further development of international investment protection. In concluding, it will reflect on the proper use of the rule of law in legal analysis, by setting out the different perspectives in which the term may be employed, and the methodological consequences.
Topic:
International Law, International Trade and Finance, Rule of Law, and Investment
Political Geography:
Global Focus