The Rule of Law at the National and International Levels: Contestations and Deference

Preface and Acknowledgements
Contents
List of Contributors
Introduction and Framework
	Introduction
		I.
Background: Rule of Law Dynamics
		II.
Theme of the Present Volume
		III.
Roadmap
	1.
The Interfaces Between the National 
and International Rule of Law: 
A Framework Paper
		I.
Introduction
		II.
The International Rule of Law
		III.
National Reception of the International Rule of Law
		IV.
Characterising the Points of Connection between 
the National and International Rule of Law
		V.
International Reception of the National Rule of Law
		VI. Conclusion: Towards Theoretical and  Normative Appraisal
Part I:
National Contestations in the CriticalRevision of the InternationalRule of Law
	2.
Judicial Strategies and their Impact on the Development of the International Rule of Law
		I.
Introduction
		II. Domestic Courts'
Dilemma with Regard  to the Rule of Law
		III.
'Strong' Review by Domestic Courts
		IV.
'Weak' Review by Domestic Courts
		V.
Conclusion
	3.
The Development of the Immunities of International Organisations in Response to Domestic Contestations
		I.
Introduction
		II.
The Creeping Immunities of International Organisations
		III.
Contestations by Domestic Courts
		IV.
Reception in International Law
		V.
Sketching a Normative Framework for Interaction 
between Domestic Courts and International Institutions
		VI.
Conclusion
	4.
Domestic Review of Treaty-Based International Investment Awards: Effects of the Metalclad Judgment of the British Columbia Supreme Court
		I.
Introduction
		II.
The Metalclad Case
		III. Effects of the British Columbia Court's
Judgment on  Subsequent NAFTA Chapter 11 Arbitration
		IV. Effects of the British Columbia Court's
Judgment  upon Subsequent Non-NAFTA Cases
		V.
Conclusion
	5.
National Contestation of International Investment Law and the International Rule of Law
		I.
Introduction
		II.
International Investment Law and the 
International Rule of Law
		III.
National Contestation
		IV.
International Impact of National Contestations
		V.
Conclusion
	6.
Domestic Non-Judicial Institutions in the Development of the International Rule of Law
		I.
Introduction
		II.
Non-Judicial Institutions in Regulatory International Law
		III.
Non-Judicial Institutions as Promoters of Accountability
		IV.
Domestic Non-Judicial Institutions as Models for Global Regulatory Governance
		V. Domestic Non-Judicial Institutions as  International Law-Makers
		VI.
Conclusion: The International Rule of Law 
beyond Compliance
	7.
Interactions Between Domestic Social Norms and International Law over Trade Dispute Resolution
		I.
Introduction
		II.
Extant Literature on the WTO DSM
		III.
A New, Norm-Based Approach
		IV.
Empirical Case Studies
		V.
Conclusion
Part II.
International Deference to the NationalLegal Order
	8. The Rule of Law
imensions of Dialogues Betwe en National  Courts and Strasbourg
		I.
Introduction
		II. Transjudicial Dialogue
		III.
Transjudicial Dialogues in the ECHR
		IV.
Conclusion: The Rule of Law Dimensions 
of Transjudicial Dialogues
	9.
Three Interpretive Constraints 
on the European Court of 
Human Rights
		I.
Introduction
		II.
The Doctrines Constraining the ECtHR
		III. Protecting the Court'S
 Normative Legitimacy
		IV.
Striving to Reach Good Results
		V.
Conclusion
	10.
Human Rights, the Margin of Appreciation, and the International Rule of Law
		I.
Introduction
		II.
Prefatory Remarks about the Rule of Law 
and the International Rule of Law
		III.
The Margin of Appreciation
		IV.
The Margin of Appreciation and the 
International Rule of Law
		V.
Conclusion
	11.
Subsidiarity in the Practice of International Courts
		I.
Introduction
		II.
A Historical Overview of Subsidiarity
		III. Preserving a State's
 Competence
		IV. Shifting Competence to International Courts
		V.
Normative Values of Subsidiarity
		VI.
Conclusion
	12.
 Revisiting the Reservations Dialogue: Negotiating Diversity while  Preserving Universality  Through Human Rights Law
		I.
Introduction
		II.
The Relationship between the Rule of Law Concept, 
Human Rights, and Universality
		III.
The Reservations Regime and the Reservations Dialogue
		IV.
Re-imagining the Reservations Dialogue
		V.
The Reservations Dialogue as an Interface between 
the Domestic and the International Rule of Law
		VI.
Conclusions
	13.
Universality, Diversity, and Legal Certainty: Cultural Diversity in the Dialogue Between the CEDAW and States Parties
		I.
Introduction
		II.
Two Conceptual Issues on Cultural Diversity 
in International Human Rights Law
		III.
Cultural Diversity in the Implementation of the ICEDAW
		IV.
The Processes of Dialogue between the Committee 
and States Parties
		V.
Concluding Remarks: Role of Dialogue in Mediating 
Cultural Diversity and Legal Certainty
	14.
Domestic Courts Under Scrutiny: 
The Rule of Law as a 
Standard (of Deference) in 
Investor-State Arbitration
		I.
Introduction
		II. The Concept 'Rule of Law'
and the  Role of Domestic Courts
		III.
Assessing Domestic Court Proceedings through 
the Lens of Investment Treaty Standards
		IV.
The Role of Domestic Law Criteria when Assessing 
Domestic Court Proceedings
		V.
Concluding Observations
	15. The Rule of Law at the National and International Levels in Post-Conflict Peace Agreements
		I.
Introduction
		II.
Peace Agreements as Constitutions
		III. Constitutional Peace Agreements  as 'Hybrid'
 Instruments
		IV.
Dialogue and Deference in Constitutional 
Peace Agreements
		V.
Conclusion
	16.
The Rule of Law and the Division of Labour Between National and International Law: The Case of International Energy Relations
		I.
Introduction
		II.
The Need for New Theories to Conceptualise the Relations between National and International Energy Law
		III.
The Division of Labour between National 
and International Energy Law
		IV.
Interfaces Structuring the Division of Labour
		V.
Conclusion: The Rule of Law as Interface between 
International and National Law
Conclusion
	17.
The International Rule of Law in the Cycle of Contestations and Deference
		I.
National Contestations
		II.
International Deference
		III.
Problems of Uncertainty and Particularity
		IV.
The International Rule of Law beyond Compliance
Index