Index
Abbott, Tony, 494
Abubakar, Alhaji Atiku,
Afghanistan
absence of rule of law in, 495
Security Council and
constitution-shaping, 163,
peacekeeping operations, 46
sanctions, 228
use of force, authorization of, 30
UN Assistance Mission in Afghanistan (UNAMA), 153
UN constitution-shaping in, 160
US invasion of, 75
Africa. See also specific country, agreement, or body
backsliding in, 381
bottom-up analysis of rule of law in,
coups, impacts on rule of law in, , , 389,
elections in, 389
French neocolonialism and, 397
geopolitical factors in,
international measures to support rule of law in, , 209
overview, xiv,
regional courts, impact of,
rule of law in African context,
socio-legal analysis,
strategic litigation of rule of law in, 407
successful transfers of power in, 383,
threats to rule of law in, , 387
transnational legal ordering (TLO) in, , 478
transnational rule of law in, 405
African Charter on Democracy, Elections and Governance (ACDEG), 206
African Charter on Human and Peoples’ Rights, , 253
African Commission on Human and Peoples’ Rights
elections and, 276
enforcement powers, 206
judicial independence and,
African Court on Human and Peoples’ Rights
backlash against, , 408
Benin, backlash against in,
Côte d’Ivoire, backlash against in,
direct effect of international law on domestic law and,
on emergency decrees, 207
enforcement powers, 206
rule of law generally, 207
Rwanda, backlash against in,
Tanzania, backlash against in,
African Peer Review Mechanism, 206
African Union
Burkina Faso, suspension of, 159
constitution-shaping and, 159
Constitutive Act of the Union, 206
Guinea, suspension of, 159
interventions by, 30
Mali, suspension of, 159
peacekeeping operations, 46
Somalia, peacekeeping operations in, 46
Sudan, suspension of, 159
Agenda 2030, 179
Agenda for Democratization, 161
Albania, absence of movement toward EU accession,
Albi, Anneli, 169
Alexander II (Russia), 293,
American Bar Association, 495
American Bar Foundation, 449
American Civil Liberties Union, 79
American Declaration of Human Rights, 186
Ananda (Thailand), 414
anatomical reform, 481
Andropov, Yuri, 294
Appiah, Kwane Anthony, 80
Arab Spring, 343
Arajarvi, Noora, 92
arbitrary exercise of power
backsliding and, , 114
defined,
democracy and, 18
ECJ on, 193
ECtHR on, 193
empirical trends in rule of law and,
goal-oriented approach to rule of law and, 384
human rights and, 18
ICJ on, 18
public reasoning, lack of, 20,
restraint of as function of rule of law,
in Thailand, , 415
in Turkey, 333
war as, 28
well-tempered power as remedy for, 467,
wielders of power not subject to law, , 308,
Arce, Moisés, 143
Arendt, Hannah, 84
Asian Infrastructure Investment Bank, 457
Association Agreement (EU), 316
asymmetric rupture, ,
Auriol, Vincent, 212
Austin, John,
Australia
Australia/ANU initiative, ,
Civil Military Centre, 215
Human Rights Committee and, 36
Security Council and,
Australian National University,
Austria/NYU initiative, ,
authoritarianism
abuse of rule of law in, , 472,
in Hungary,
lawlessness and,
leadership and participation in international organizations, attempts by authoritarian regimes to increase,
neutralization of international organizations, attempts by authoritarian regimes,
Orbán and, 51
in Poland,
Putin and, 78
“rule by law” and, 472
in Russia, 78
“thin” rule of law and, 186
transnational legal ordering (TLO) and,
violence and,
Azerbaijan, ECtHR and, 318
Bachmann, Ingeborg, 3
backsliding in rule of law. See also specific country
arbitrary exercise of power and, , 114
basic hypothesis, 119,
COVID-19 pandemic and, 131
data collection,
drivers of,
ECJ and,
empirical analysis, 115,
EU, resistance to backsliding by, 52
European Commission and,
indicators, , 131, ,
limited nature of, , 131
origin of term, 112
outstanding questions, 148
recent backsliding,
regime change and, 144
social impact of,
solutions to
cultural factors,
economic reform, requirement of,
multilevel approach, requirement of,
overview, 4
Bai Por,
Baka, András, 269
Bangalore Principles,
Bannelier, Karine, 221
Bannon, Steve, 494
Barber, Nicholas, 21
Bazoum, Mohamed,
Beijing Consensus,
Benin, backlash against African Court in,
Berlin Conference (1884–85), 32
Bernhardt, Rudolf,
Berra, Yogi, 496
Biden, Joe
generally, 4
China and, 82
reengagement by,
risks of reengagement, 81
“worker-centered trade policy,” 82
bilateral investment treaties, 185
Bindig, Rudolf, , 309
Black’s Law Dictionary, 18
Blokker, Niels,
Boakai, Joseph, 400
Bondansky, Daniel, 231
Bongo, Omar, 395
Börzel, Tanja, 34
Bosch, Hieronymus, 303
Bosnia–Herzegovina
EU accession, absence of movement toward,
Security Council authorization of use of force in, 30
Boutros-Ghali, Boutros, 161
Breyer, Stephen, 256
Brezhnev, Leonid, 294
British East India Company, 93
Brookings Institution, 157
Bugaric, Bojan, 143
Bulgaria, CoE accession, ,
Bung Por,
Burkina Faso
African Union, suspension by, 159
elections in, 395
French neocolonialism and,
geopolitical factors in,
improvement in rule of law in, 131
Niger and, 393
overview, 383
Russia and,
US and,
Burundi, backlash against ICC in, 67
Caesar, Winston, 189
Cameroon, judicial independence in,
Canada, application of international law in domestic courts,
Caribbean Court of Justice (CCJ), , 190
Castañeda, Jorge G., 381
Centellas, Miguel, 115
Central African Republic (CAR)
Chad, impacts of coup on rule of law, 382
Charter of the United Nations
Russian violations of, 288
separation of powers, lack of,
on state sovereignty, 90
transnational law and, 253
on use of force, 30,
Chernenko, Konstantin, 294
Chernomyrdin, Viktor, 304
China
academic debates regarding law, ,
activists, prosecution of, 442
Administrative Litigation Law of the People’s Republic of China, 434
authoritarianism in, 78
Biden and, 82
Chinese Communist Party (CCP)
authority over judiciary, 435,
on international law, 445
Marxist–Leninist view of law, 445
norm entrepreneurship and, 456
reformers in, 434
Soviet Union and,
supremacy regarding law,
Chinese contexts of rule of law,
Chinese exceptionalism, 455
“comprehensive rule of law” in,
COVID-19 pandemic in, 442
elites, contestation between, 433
engagement with US,
factors influencing shifts in rule of law in, 52
Great Financial Crisis (2008) and, 437
Human Rights Council and, 69
illiberalism in, 73
international commercial arbitration and,
Iraq War, effect of rise of China on, 75
Judges Law of the People’s Republic of China, 435
lack of criticism in, 484
leadership and participation in international organizations, attempts at,
legal instrumentalism in, 444,
linearity of institutional change in, 444
maritime areas, claims over,
masses, interests of, 431
neo-authoritarianism in,
neutralization of international organizations, attempts at,
Niger and, 392
norm entrepreneurship and, 456
outside world, interactions with, , , 448
overview, ,
Philippines, territorial dispute with, 450
private law in, 16
promotion of rule of law in,
property law in,
Regulations of the People’s Republic of China on Arrest and Detention, 433
repression of internal dissent in, 71
rise of as authoritarian regime, 72,
Russia and, 81
Security Council peacekeeping operations and, 69
socialist market economy in, 434
South China Sea Arbitration, 450
on sovereign equality,
Soviet model,
territorial disputes and, 450
“Three Supremes” Doctrine, 437
Tibetans, suppression of, 71
trade war with US, 31
transnational legal ordering (TLO) in, 447
transnational rule of law, impact on
actors and, , 457
civil society organizations and,
debates regarding, 446
dominant normative framework, adoption of,
exposure to outside world, variation in, 448
firms and, 448
fundamental norms and,
growing engagement with outside world and,
interests and, 447
international commercial arbitration and,
international organizations and, , 457
marginal effect on, 454,
state-centered analysis, drawbacks of, 447
territorial disputes and, 450
transnational legal ordering (TLO) and, 447
Trump and, 82
“turn against law” in,
UN special rapporteurs and, 69
US and, , 442
Christakis, Théodore, 221
civil society organizations
in Israel, 64
López Obrador’s attempts to weaken, , 377
Mexico, attempts to weaken, , 377
in Russia, 64
Closa, Carlos, 485
Conde, Alpha,
Cold War
absence of transnational rule of law during,
post-Cold War expansion in rule of law,
Security Council during, , 228
colonialism,
Commission for Democracy through Law (Venice Commission)
African Commission compared,
constitution-shaping and,
elections and, 277
emergency decrees and,
Hungary and,
judicial independence and, 203
Poland and,
rogue states and,
rule of law generally, 37,
“soft law” and, 198
Commission on International Trade Law (UNCITRAL), 231
Compaoré, Blaise, 394
conceptualization of rule of law
colonialism and,
continuum of legality, 320
critical theory and,
democracy, relation to, , 17
dual state and,
freedom, relation to,
functionalist approach, 319
fundamental rights, relation to,
imperialism and,
manifest functions of, 7
market-oriented policies and, 16
meta-principle of rule of law, 224
moral approach, 319
multiple levels, 322
overview, 4
phenomenological conception of, 26
as principle and practice,
as social order, 408
as societal equilibrium,
substance of law, relation to,
Conference on Security and Co-operation in Europe, 295
Congo, Democratic Republic of (DRC)
domination by powerful states, 32
elections in, 398
Security Council peacekeeping operations in, 221
separation of powers in,
constituent assemblies,
constitutionalism, populism as challenge to, 347
“constitutionalism of fusion,” 351
constitution-shaping. See also specific country
adoption of constitutions without external assistance compared, 171
African Union and, 159
conditionalities,
Council of Europe and, 169
critiques of,
economic development, lack of, 174
elections and, , 166
EU and,
Europe, success of in,
fragility of institutions, problem of, 171
Global South, success of in, 170
IMF and, ,
inclusiveness in,
international financial institutions (IFIs) and, , , ,
local rule-of-law cultures and, 173,
membership conditions,
neoliberalism, criticism regarding,
OAS and, 159
overview, xi,
as peacemaking,
perceived lack of control and, 181
Security Council and,
“social” rule of law and,
state sovereignty, respecting,
strategies for, 181
substance of constitution and,
Ukraine War, effect of, 181
Venice Commission and,
World Bank and, ,
WTO and,
conventionality control, 188
Convention of the Law of the Sea, 450
Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention), 333
Convention on the Settlement of Investment Disputes, 45
Costa Rica, Constitution,
Council of Europe (CoE). See also specific country
generally, 32
accession to, 261,
Committee of Ministers, , 297,
Committee on Relations with European Non-Member Countries, 299
constitution-shaping and, 169
Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention), 333
European Commission for Democracy through Law (Venice Commission) (see Commission for Democracy through Law (Venice Commission))
EU versus, 295
former Soviet bloc states, accession of, 298,
Gorbachev and, ,
Putin and,
suspension of members, 264
Yeltsin and, 304
Court of Justice of the European Union (CJEU), 37,
Couso, Javier,
COVID-19 pandemic
backsliding and, 131
in China, 442
Hungary, COVID-19 pandemic relief in, 205
populism and, 76
critical theory,
Croatia, EU accession,
“culture of conduct,” 290, ,
Danube Institute, 494
Daranee Charnchoengsilpakul,
Dedov, Dmitry, 284
de Gaulle, Charles, 292
Demirtaş, Selahattin, 330,
democracy
arbitrary exercise of power and, 18
asymmetric rupture and, ,
defined, 380
empirical trends in rule of law and,
liberal democracy, 60
polyarchy,
populism as challenge to, 347
“third wave” of democratization, 491
violating domestic law to restore, , 282, ,
Democracy Cluster Classification Index, 115
“democratic careening,”
democratic peace theory,
Denmark, backlash against ECtHR in, 66
Dewey, John, 7
direct effect of international law on domestic law
assessment of international organizations,
complementarity,
overview, 27
regional courts and, , 47
dispute resolution
ECtHR, as goal of, 32
EU and, 32
ICJ, as goal of,
ITLOS, as goal of,
minimalist perspective on rule of law,
PCA, as goal of,
WTO, as goal of, 31
dual states, ,
Duombouya, Mamady, 395
Durkheim, Emile, 474
Duterte, Rodrigo, 76,
Dworkin, Ronald, 15
East African Court of Justice (EACJ), 208
Economic Community of West African States (ECOWAS)
Community Court of Justice,
creation of,
interventions by, 30
Niger and, 393
Ecuador
Constitution,
Council of Social Accountability and Participation, 378
in regional organizations, 261
Egypt, backsliding in, 55
elections. See also specific country
in Africa, 389
African Commission and, 276
constitution-shaping and, , 166
ECHR and,
EU and,
Orbán and,
process versus outcome,
rule of law, relation to,
Treaty on European Union (TEU) and, 276
Venice Commission and, 277
emergency decrees, 207
empirical trends in rule of law
arbitrary exercise of power and,
backsliding, 115,
challenges in measurement,
corruption and, 53
democracy and,
economic focus, shifts in, 75
ECtHR, backlash against,
enmeshment of national and international law,
external factors, 72
“gradual autocratization,” 51
importance of studying, 86
indexes for measuring rule of law,
internal factors, 72
international courts, backlash against,
international trends,
judicial independence and, 63
leadership and participation in international organizations, attempts by authoritarian regimes to increase,
media independence and,
national trends,
neutralization of international organizations, attempts by authoritarian regimes,
nonbinding instruments, increased use of,
parallel shifts at national and international levels,
populism, rise of,
post-Cold War expansion in,
recent backsliding in,
resistance to backsliding in, 52
“rule-of-law revival,” 51
“soft law,” increased use of,
“end of history,”
environmental, social and governance (ESG) practices, 42
Equator Principles, 42
Erdoğan, Recvep Tayyip
generally, xiii
consolidation of power, 327,
constitutional immunity and,
election of, 324
failures of ECtHR regarding,
HDP, suppression of,
judicial independence and,
lawlessness and,
move away from rule of law,
one-party rule and, 344
Orbán compared, 344
populism and, 76
rule-of-law reforms by, 325
E10 Influence Project, ,
Europe. See also specific country, agreement, or body
constitution-shaping, success of,
illiberalism in, 73
European Arrest Warrant, 201
European Coal and Steel Community, 32
European Commission
backsliding and,
defining rule of law, 195
infringement actions brought by, , , 272
judicial independence and,
Justice Scoreboard, 198
rule of law generally, ,
Rule of Law Report, 198
“soft law” and, 198
European Convention on Human Rights (ECHR)
CoE, ratification required for membership, 156
elections and,
erga omnes obligations and, , 274
former Soviet bloc states, accession of, 50
Hungary and, 263
incorporation into national law, 38
Poland and, 263
supererogatory compliance and,
transnational legal ordering (TLO) and,
Turkey, ratification by, 316
European Court of Human Rights (ECtHR)
on arbitrary exercise of power, 193
backlash against,
binding nature of decisions, 265,
Denmark, backlash against in, 66
direct effect of international law on domestic law and,
dispute resolution as goal of, 32
empirical trends in rule of law,
Erdoğan, failures regarding,
erga omnes obligations and,
indirect effects of rulings, 39
jurisdiction of, 271
lack of enforcement power, 192
legality principle in, 193
Poland, ECtHR cases, , ,
Putin, backlash against by, 65
resilience of, 80
rule of law in, 65,
Switzerland, backlash against in, 66
transnational legal ordering (TLO) and, 191,
UK, backlash against in, 66
unheard cases, 323,
European Court of Justice (ECJ)
on arbitrary exercise of power, 193
backsliding and,
erga omnes obligations and,
judicial independence and, , 197,
legality principle in,
Poland, ECJ cases, , 270
Portuguese Judges case, ,
right of sovereigns to redress in,
rule of law generally, 192
supranational rule of law in, 192
European Union. See also specific country
accession to, 261
Conditionality Regulation, 267
constitution-shaping and,
Council of Europe versus, 295
Court of Justice of the European Union (CJEU), 37,
dispute resolution and, 32
elections and,
erga omnes obligations and, , 274
former Soviet bloc states, accession of, 50
freezing of funds of member states,
incentives for accession, 50
Joint Transatlantic Agenda,
national constitutions versus, , 209
Orbán and, 485
overview,
peacekeeping operations, 46
promotion of rule of law and, 463
resistance to backsliding by, 52
rule of law generally, 495
supererogatory compliance and,
transnational law and, 253
transnational legal ordering (TLO) and, 109,
“exit doors,”
Fallon, Richard, 97
Farrall, Jeremy
generally, xii
Australia/ANU initiative and, 215, ,
on avoiding formalism, 470
on extrapolation from domestic law, 477
on peacekeeping operations, 492
on recency of transnational rule of law,
on rule of law, 236
Financial Action Task Force, 211
financial assistance, rule of law as condition for, 462
Finland, NATO and, 344
Foner, Eric,
Food and Agricultural Organization (FAO), 70
Ford, Lisa, 11
Ford Foundation, 449
former Soviet bloc states
CoE accession, 298,
ECHR accession, 50
EU accession, 50
proposed human rights organization, 307
WTO accession, 50
freedom, relation to rule of law,
Fukuyama, Francis,
functions of rule of law
arbitrary exercise of power, restraint of,
economic development,
freedom and dignity,
horizontal functions, 99
institutional function,
manifest functions, 7
security and trust,
vertical functions, 99
fundamental rights, relation to rule of law,
Gambia, impacts of coup on rule of law, 382
Gargarella, Roberto, 351
General Agreement on Tariffs and Trade (GATT),
General Assembly (of UN)
Countering the Use of Information and Communications Technologies for Criminal Purposes, 71
Declaration on Principles of International Law (1970), 104
Guidance Note to Constitution-Making Processes (2009), , 176
Rule of Law and Transnational Justice (2004), 177
Security Council and,
geopolitics, transnational rule of law and. See also specific country
in Africa,
Cold War, absence of transnational rule of law during,
“end of history” and,
persistence of transnational rule of law and,
potential decline of transnational rule of law and,
“third wave” of democratization and, 491
Georgia, Russian annexation of territory in, 288
Germany
Constitution,
economic blocs and, 31
EU and, 32
international human rights law, incorporation of, 38
Solange jurisprudence, 47
Gessen, Masha, 429
Ginsburg, Tom
generally,
on attempts by authoritarian regimes to neutralize international organizations, 69
on backsliding in EU, 483
on CoE, 317
defining democracy, 380
on democracy, 345
on enmeshment of national and international law, 476
on indicators, , 55
on regional TLOs, 482
on state sovereignty, 485
on threat from authoritarianism, 322
on transnational legal ordering (TLO), 484
globalization, 82
Global Reporting Initiative, 42
goal-oriented approach to rule of law
anatomical approach distinguished,
arbitrary exercise of power and, 384
formalism, avoiding,
forward and backward reasoning, 7
possibility of, 479
Gorbachev, Mikhail
on “Common European Home,” , 306
Council of Europe and, ,
glasnost’ and, 285
as head of Soviet Union, 284
perestroika and, 285
pragmatism of, 285
rule of law, attempts to introduce, ,
Russian abandonment of vision of, 289
Gordon, Robert, 10
Grattet, Ryken, 6
Guatemala Constitution,
Guiding Principles on Business and Human Rights, 42
Guinea–Bissau
impacts of coup on rule of law, 382
Security Council constitution-shaping in,
UN constitution-shaping in, 160
Gusinksy, Vladimir, 313
Guyana, judicial independence in, 188
Haberkorn, Tyrell, xiv
Halliday, Terence
generally, xii
on avoiding formalism, 470
on extrapolation from domestic law, 477
on multiple levels of rule of law, 322
on peacekeeping operations, 492
on recency of transnational rule of law,
Security Council and, 217,
“soft law” and, 6
hate crimes, 6
Helfer, Laurence, 39
Helsinki Accords, 286
Helsinki Final Act, 295
Henri-Damiba, Paul, 394
Heritage Foundation,
Hobbes, Thomas, 119
Hobsbawm, Eric,
horizontal benefits of rule of law for sovereigns
analogy of states to individuals,
coercive penetration of sovereignty disfavored,
courts, right of sovereigns to redress in,
criticism of sovereignty, 91
domestic rule of law analogy,
dual nature of national governments and,
nested dualism of states and individuals and,
1970 General Assembly Declaration and, 104
overview, ,
purpose of noninterference principle,
skepticism of Western motives,
sovereign equality and,
transnational legal ordering (TLO) and,
treaties and, 106
horizontal functions of rule of law, 99
Hull, Cordell, 31
humanitarian intervention,
human rights. See also specific agreement or body
arbitrary exercise of power and, 18
former Soviet bloc states, proposed human rights organization, 307
Latin America, international human rights law in, 39
national human rights institutions, 36
in Russia,
Human Rights Council
backlash against, 77
neutralization, attempts by authoritarian regimes, 69
reports to, 36
Humphreys, Stephen, 479
Huneeus, Alexandra, 188
Hungary
abuse of rule of law in, 485
authoritarianism in,
CoE accession, 263,
Constitution, 259
COVID-19 pandemic relief in, 205
directly applicable laws, enforcement of,
as dual state,
ECHR and, 263
elections in, , 275
emergency decrees in, 272,
in EU, 263
EU constitution-shaping in, 169
Fidesz Party, 272
freezing of funds by EU,
as hybrid regime,
Kúria (Supreme Court), 269
laws limiting EU authority over,
membership conditions, impact of,
opposition in,
PACE and, 270
populism in, 76
proposals to remedy backsliding in, , 260
resistance to backsliding in, 52,
state sovereignty and, 485
“super milestones,” 273
surveillance in, 274
Ukraine War and, 205
Venice Commission and,
Hussein, Saddam, 93
Iancu, Alexandra, 172,
Ibrahim Index of African Governance (IIAG), 391
illiberalism
Belarus as illiberal state, 169
in China, 73
in Europe, 73
Poland as illiberal state, 190
of populism,
in Russia, 73
Serbia as illiberal state, 169
Ukraine as illiberal state, 169
in US, 72
immigration, 84
imperialism,
indirect effect of international law on domestic law
application of international law in domestic courts,
individual claims, 36
international organizations and,
multinational companies and,
national constitutions, rule of law incorporated into, , 50
national human rights institutions, 36
nonstate entities and, 42
private actors and,
regional organizations and,
reporting,
Indonesia, ICSID and, 67
Indo-Pacific Economic Framework,
Industrial Development Organization (UNIDO), 70
infringement actions, , 272
Inter-American Commission on Corruption, 157
Inter-American Commission on Human Rights,
Inter-American Convention on Human Rights (IACHR)
Argentina, backlash against in, 66
backlash against, 66
Brazil, backlash against in, 66
Chile, backlash against in, 66
Colombia, backlash against in, 66
conventionality control and, 188
Dominican Republic, withdrawal of, 66
judicial protection and, 187
obligation to appear and,
overview,
Paraguay, backlash against in, 66
political participation and, 187
transnational law and, 253
Trinidad and Tobago, withdrawal of, 66
Venezuela, withdrawal of, 66
withdrawals from, 66
Inter-American Court of Human Rights (IACtHR)
backlash against, 66
creation of,
direct effect of international law on domestic law and,
Dominican Republic, backlash against in, 66
enhanced role of,
indirect effects of rulings, 39
resilience of, 80
rule of law in, 190
Trinidad and Tobago, backlash against in, 66,
Venezuela, backlash against in, 66
Inter-American Democratic Charter, 159,
Intermediate Nuclear Forces Treaty, 77
International Centre for Settlement of Investment Disputes (ICSID), 67
International Civil Aviation Organization (ICAO), 70
international commercial arbitration,
International Commission of Jurists,
International Court of Justice (ICJ)
on arbitrary exercise of power, 18
dispute resolution as goal of,
right of sovereigns to redress in, 106
Security Council and,
on state sovereignty, 90
Ukraine War and, 88
International Covenant on Civil and Political Rights (ICCPR)
individual claims under, 36
rule of law in, 35
International Covenant on Economic, Cultural and Social Rights (ICESCR), 35
International Criminal Court (ICC)
Burundi, backlash against in, 67
direct effect of international law on domestic law and, 45
Office of the Prosecutor, 45
Philippines, backlash against in, 67
Rome Statue, 211
transnational legal ordering (TLO) and,
International Criminal Police Organization (Interpol),
International Electrotechnical Committee (IEC), 70
international financial institutions (IFIs), , , ,
international investment arbitration, , 185
international law
application in domestic courts,
direct effect of international law on domestic law (see direct effect of international law on domestic law)
importance to rule of law, 86
indirect effect of international law on domestic law (see indirect effect of international law on domestic law)
nested dualism of states and individuals in,
as recursive process, 25
role in transnational rule of law,
rule of law, relation to,
skepticism regarding existence of, , 476
socio-legal theory of,
International Law Commission,
International Monetary Fund (IMF)
constitution-shaping and, ,
promotion of rule of law and, 463
transnational legal ordering (TLO) and, 109
international organizations. See also specific organization
assessment of,
importance to rule of law, 86
indirect effect of international law on domestic law and,
leadership and participation in, attempts by authoritarian regimes to increase,
national rule of law and, 185
neutralization of, attempts by authoritarian regimes,
supranational rule of law and, 185
International Standardization Organization (ISO), 70
International Tribunal for the Law of the Sea (ITLOS)
dispute resolution as goal of,
right of sovereigns to redress in, 106
investor–state arbitration, 67
Iran, nuclear deal with, 77
Iraq War
as breach of rule of law, 106
in context of Western abuses of international law, 94
false justifications for, 94
reappraisal of military force and, 232
rise of China, effect on, 75
Islamic conceptions of rule of law, 13
Israel, civil society organizations in, 64
Issofou, Mohamadou,
Istanbul Convention, 333
iusnaturalism, 352
Joint Transatlantic Agenda,
judicial independence. See also specific country
African Commission and,
ECJ and, , , 197,
empirical trends in rule of law and, 63
European Commission and,
infringement actions involving, ,
local rule-of-law cultures and, 173
Orbán and, 197
TEU and,
transnational rule of law and, 200
Venice Commission and, 203
Kaczyński, Jarosław, 485
Kahraman, Fritz, , 321
Kara-Murza, Vladimir, 314
Keleman, R. Daniel, 487
Kelsen, Hans, 255
Kenya, judicialization of elections in,
Khodorkovsky, Mikhail, 313
Korean War
Security Council authorization of use of force in, ,
Soviet abstention and,
Kosovo
EU accession, absence of movement toward,
NATO/EU peacekeeping operations in, 46
Security Council, 219
Kozyrev, Andrei,
Krygier, Martin
goal-oriented approach to rule of law, 319
on lack of clarity in rule of law, 240
on purpose of rule of law, 98
on rule of law as prevailing value, 226
on social goals and practices, 5
on telos of rule of law,
transnational perspective on rule of law, xv
Krylenko, Nikolai, 293
Kudryatsev, Vladimir,
Kuhelj, Alenka, 143
Kumm, Mattias, 10
Kurban, Dilek, xiii,
Kuwait, Iraqi invasion of, 232
Kwankwaso, Rabiu Musa,
Lacey, Nicola, 21
La Forest, Gérard,
Lalumière, Catherine, 286,
Lam, Esther,
Lánczi, András, 255
Lander, Jennifer,
Latin America. See also specific country, agreement, or body
ambivalence toward constitutionalism in,
bills of rights in, 355
challenges to rule of law in, 349
compromised state of constitutionalism in, 352
“constitutionalism of fusion,” 351
early constitutions, 351
executive branches, changes in, 354
“exit doors,”
expansion in rule of law in,
free-market ideology in, 353
international human rights law in, 39
international measures to support rule of law in, , , 209
iusnaturalism, 352
judicial review in,
Judiciary Councils, 354
last-wave constitutions in, 350,
legislative branches, changes in, 354
Marxism and, 353
overview, ,
presidential powers, expansion of,
remaining challenges in, 356
resilience of rule of law in, 79
“third wave” of democratization in, 491
Latvia, EU constitution-shaping in, 169
Lavrov, Sergei,
Law, David,
“law and development,”
lawfare, 22
“law talk,” 22
League of Nations mandate system,
“legal black holes,” 20
legality principle, ,
legally ordered communities, , , 469
Leopold (Belgium), 32
Leventhal, Harold, 256
Levitzky, Steven, 113
liberal democracy, 60
Liberia
nonjudicialization of elections in, 400
Security Council sanctions and, 228
UN Mission in Liberia, 217
Libya
UN constitution-shaping in, 160
Lied, Harold, 295
Litvinenko, Alexander, 314
Llewellyn, Karl N., 7
local rule-of-law cultures, 173,
López Obrador, Andrés Manuel
abandonment of left-wing ideals by, , 358
checks and balances, attempts to weaken, 377
civil society organizations, attempts to weaken, , 377
criticism of INE,
election of, 358
independent agencies, attempts to weaken, 377
initial reform plans for INE,
judicial barriers to,
judiciary, attempts to weaken, 377
legislature, attempts to weaken, 377
militarization of society generally,
National Guard and,
“Plan B” for INE,
pluralism, disdain for,
populism and, 358
public expenditures and, 361
social programs, cutbacks in,
transfer programs and,
Lukin, Alexander, 294
Lula da Silva, Luis Inácio, 378
Madagascar, elections in, 398
Madison, James, 119
Malawi, judicialization of elections in,
Mali
African Union, suspension by, 159
impacts of coup on rule of law, 382
Niger and, 393
Security Council constitution-shaping in,
Malinowski, Bronisław,
manifest functions of rule of law, 7
manipulation of rule of law,
Marcos, Ferdinand,
Marcos, Ferdinand “Bongbong,” 76,
Markert, Thomas, 158
market-oriented policies, 16
Marshall, John, 39
Marxism
China, Marxist–Leninist view of law in, 445
Cuba and, 353
Latin America and, 353
Soviet Union, Marxist–Leninist view of law in, 293
McCann, Michael, , 321
media independence
empirical trends in rule of law and,
in India,
in Japan,
Medvedev, Dmitri, 313
Mercan, Zeynep, 339
meta-principle of rule of law, 224
Mexico
Acuerdo Militarista (Militarist Decree), , 375
amparo writ, 351
army,
automatic pretrial imprisonment in,
backsliding in,
challenges to rule of law in,
civil society organizations, attempts to weaken, , 377
Constitution,
“dirty war,” 369
health care in,
independent agencies, attempts to weaken, 377
Instituto de Salud para el Bienestar (INSABI),
Instituto Federal Electoral (IFE), 363
Instituto Nacional Electoral (INE)
constitutional protection of, 377
controversias,
creation of,
duties of, 364
initial reform plans,
“Plan B,”
presidential recall and, 365
Supreme Court invalidation of “Plan B,”
Interior Security Act,
judiciary, attempts to weaken, 377
Law on the National Guard, 370, ,
legislature, attempts to weaken, 377
marines, 373
Mexicana de Aviación, 373
National Commission of Human Rights, 374
National Guard
Amendment Decree, 371
army, authority of,
challenges to, 371
creation of,
opposition to, 371
Supreme Court and, 375
transfer to military command,
national ombudsperson,
national registries, 372
National Research Council, 359
National System of Public Security Information, 372
overview, xiv
presidential recall, 365
preventive imprisonment in,
public expenditures in, 361
regional human rights regimes and,
remaining challenges in,
resilience of rule of law in, 79
Seguro Popular,
social programs, cutbacks in,
strength of political rights in, 357
Supreme Court
Acuerdo Militarista (Militarist Decree) and, 375
National Guard and, 375
“Plan B,” invalidation of,
preventive imprisonment and,
transfer programs in,
violence in, 357
“war against drugs,” , 357
micro-TLOs,
“militant rule of law,” 489
minimalist perspective on rule of law
climate change and, 32
democratic peace theory and,
dispute resolution as goal of,
domination by powerful states and,
humanitarian intervention and,
overview, 27
peace as goal of,
responsibility to protect (R2P) and,
Modi, Narendra, , 76
Moldova, improvement in rule of law in, 131
Mongolia, transnational legal ordering (TLO) in, 478
Montenegro, absence of movement toward EU accession,
Morales, Evo, 356
Moreno, Lenin, 378
Morocco, variations in rule of law in, 131
Moustafa, Tamir, 12
Mozambique, Security Council and, 219
Mugabe, Robert, 67
Mukum Mbkau, John, 387
multinational companies, indirect effect of international law on domestic law and,
national constitutions
EU versus, , 209
rule of law incorporated into, , 50
Universal Declaration of Human Rights incorporated into, 35
national human rights institutions, 36
national rule of law
defined, 184
international organizations and, 185
international rule of law versus, 186
overview,
rogue states, ineffectiveness in bringing about change in, 279
as rule of law “writ small,” 252
Nattaporn Toprayoon,
Navalnyy, Alexei, 314
Nemtsov, Boris, 314
New York University Institute for International Law and Justice,
Nicaragua, backsliding in, 130
Nicholas II (Russia), 293
Niger
backsliding in,
Burkina Faso and, 393
China and, 392
economic factors in, 392
ECOWAS and, 393
elections in, 391
French neocolonialism and,
geopolitical factors in,
Mali and, 393
overview, 383
Russia and,
transfer of power in,
uranium mining in, 392
US and, 393
Nigeria
absence of military leaders from ballot, 399
All Progressive Congress (APC), , 403
elections in,
election technology in, 399
judicialization of elections in
danger of legitimizing authoritarianism,
high-profile elections, , 405
Liberia compared, 400
Labour Party (LP), , 403
New Nigeria Peoples Party (NNPP),
People’s Democratic Party (PDP), , 403
successful transfer of power in, 383, ,
third parties in, 399
variations in rule of law in, 131
Nixon, Richard, 18
nonbinding instruments, increased use of,
nonstate entities, indirect effect of international law on domestic law and, 42
North American Free Trade Agreement (NAFTA), 67
North Atlantic Treaty Organization (NATO)
backlash against, 77
Finland and, 344
Kosovo, NATO/EU peacekeeping operations in, 46
Libya, intervention in, 33
membership conditions, 155
peacekeeping operations, 46
Sweden and, 344
US and, 77
North Macedonia, absence of movement toward EU accession,
“North Star” effect, 282
Oakeshott, Michael, 7
Obama, Barack, 81
Obio, Peter,
Office of the High Commissioner for Human Rights, 36
Open Skies Treaty, 77
Opium War, 93
Orbán, Viktor
authoritarian aims of, 51
consolidation of power by, , 272
elections and,
Erdoğan compared, 344
EU and, 485
judicial independence and, 197
populism and, 76
Ukraine War and, 485
Organization for Security and Co-operation in Europe (OSCE)
Office of Democratic Institutions and Human Rights (ODIHR), , 277
promotion of rule of law and, 463
Organization of African Unity, 206
Organization of American States (OAS). See also specific agreement or body
constitution-shaping and, 159
rule of law generally, 186
overstatement of rule of law, 462
Palau, UN trusteeship system and,
Palombella, Gianluigi, 15
Paris Principles, 36
Parit Chiwarak, , 427
Pavel, Carmen, 91
Pavin Chachavalpongpun, 414
peacekeeping operations. See also specific country
African Union, 46
emergence of, 492
EU, 46
expansion of Security Council powers, 219
as external focus of Security Council, 223
NATO, 46
Rule-of-law challenges, 221
Security Council generally, 46
Pegasus software,
Peña Nieto, Enrique,
Peng Zhen, 434
Permanent Court of International Justice, 31
Perón, Juan Domingo, 349,
Petro, Gustavo, 378
Pettit, Philipp,
phenomenological conception of rule of law, 26
Philippines
attacks on rule of law in,
China, territorial dispute with, 450
ICC, backlash against, 67
South China Sea Arbitration, 450
variations in rule of law in, 131
Pita Limjaroenrat, 428
Plato, 18
Poland
abuse of rule of law in, 485
authoritarianism in,
CoE accession, 263,
Constitution, 202
constitution-shaping in, 157
directly applicable laws, enforcement of,
ECHR and, 263
ECJ cases, , 270
ECtHR cases, , ,
in EU, 263
EU constitution-shaping in, 169
Extraordinary Chamber of Supreme Court, 270
freezing of funds by EU,
as illiberal state, 190
infringement actions against, 198,
Law and Justice Party (PiS), , 281
membership conditions, impact of,
opposition, electoral success of,
PACE and, 270
resistance to backsliding in, 52,
state sovereignty and, 485
surveillance in,
Ukraine War and, 205
Venice Commission and,
Polanyi, Karl, 83
polyarchy,
populism
as challenge to rule of law, 347
constitutionalism, as challenge to, 347
COVID-19 pandemic and, 76
democracy, as challenge to, 347
Erdoğan and, 76
in Hungary, 76
hypocritical attitude toward rule of law, 494
illiberalism of,
immigration and, 84
López Obrador and, 358
Orbán and, 76
rise of,
well-tempered power and, 488
“postnational liberal international order,” 34
power
concepts of, 5
law as vehicle for exercise and communication of, 468
rule of law, relation to, 469
pressure on rule of law,
private actors, indirect effect of international law on domestic law and,
Project on International Courts and Tribunals, 50
Prost, Kimberly, 229
Pufendorf, Samuel, 89
Putin, Vladimir
abandonment of legal reforms, 289
authoritarianism and, 78
Council of Europe and,
ECtHR, backlash against by, 65
humanitarian intervention, invasion of Ukraine portrayed as,
justifications for Ukraine War,
repudiation of treaties by,
Second Chechen War and, 309
traditional values, invasion of Ukraine viewed as supporting, 78
Ratner, Steven,
Regional Comprehensive Economic Partnership, 457
regional courts. See also specific court
Africa, impact in,
backlash against, 209
direct effect of international law on domestic law and, , 47
overview, 183
as “trustee courts,”
regional organizations. See also specific organization
backlash against, 209
Ecuador in, 261
indirect effect of international law on domestic law and,
overview, 183
peace as goal of, 30
Russia in, 261
Turkey in, 261
Venezuela in, 261
Reporters Without Borders, 63
responsibility to protect (R2P), ,
Review of African Political Economy, 393
Ristei Gugiu, Mihaiela, 115
Roch Kaboré, March, 394
Rodrik, Dani, 83
rogue states
abuse of rule of law by,
asymmetric rupture and, ,
membership conditions, impact of, 260, ,
national rule of law, ineffectiveness of in bringing about change, 279
supererogatory compliance and, 262,
Transition 2.0 and, 259,
transnational rule of law, use of to restore democracy, ,
Venice Commission and,
violating domestic law to restore democracy in, , 282, ,
Romania, CoE accession, ,
Rosen, Laurence, 13
Rotterdam Rules, 211
Rudden, Bernard, 292
Ruggie, John, 79
Russia. See also Soviet Union
absence of rule of law in, 495
annexation of Ukrainian territory by, 88
assassinations committed by, 314
authoritarianism in, 78
Burkina Faso and,
China and, 81
civil society organizations in, 64
constitutional crisis in, 301
Council of Europe and
accession to,
early engagement with, , 290, ,
“eminent lawyers” report, 299,
failures of, 482
overview,
reluctance to admit,
revisionist account of,
Crimea, annexation of, 288
Criminal Procedure Code,
ECHR and
backlash against,
incompatibility of criminal code with, 302
promise to accede to, 304
violations of,
ECtHR and
backlash against, 65
cases against Russia in,
challenges to authority of, 314
consent to jurisdiction, 309
opposition to reforms in,
elections in, 306
factors influencing shifts in rule of law in, 52
Georgia, annexation of territory in, 288
Gorbachev, abandonment of vision of, 289
human rights in,
lack of criticism in, 484
leadership and participation in international organizations, attempts at, 71
neutralization of international organizations, attempts at, 69
Niger and,
overview, xiii
in regional organizations, 261
Second Chechen War, 309
separation of powers in,
on sovereign equality,
as successor to Soviet obligations, 286
UN Charter, violations of, 288
US and,
Rutskoi, Alexander, 301
Rwanda, backlash against African Court in,
Ryan, Alan, 217
Rybkin, Ivan, 304
Saeed, Kais, 207
Sajó, András, 489
Salgado Macedonio, Félix,
sanctions. See also specific country
bodies of experts, 228
expansion of Security Council powers, 220
as external focus of Security Council, 223
monitoring bodies, 228
rule-of-law challenges, 222
Sanctions Committees, 228
Working Group on General Issues of Sanctions, 228
Sandholtz, Wayne
on abuse of rule of law, 289
on backlash against rule of law, 495
on backsliding, 482
conception of rule of law,
on “culture of conduct,” 290,
on democracy, 112
on democracy and rule of law, 344
on democratic participation, 241
on enmeshment of national and international law, , 476
on institutionalized practice, 385
on international law, 252,
meta-principle of rule of law and, 224
on metrics for measuring rule of law, 386
on multiple levels of rule of law, 322
on recursive nature of international law, 25
on rule of law as principle and practice,
on social order, 408
on “virtuous transnational cycle,”
Sankara, Thomas, 394
Santos, Juan Manuel, 378
São Tomé and Príncipe, impacts of coup on rule of law, 382
Sato, Yuko, 143
Scalia, Antonin, 256
Scheppele, Kim Lane
generally,
on authoritarianism, 322
on backsliding, 112
on international courts, 38
on rule of law “writ large,” 253,
on Security Council, , 216,
terrorism and, 47
on violating domestic law to restore democracy,
Security Council. See also specific country
Australia/ANU initiative, ,
Austria/NYU initiative, ,
bodies of experts, 228
during Cold War, , 228
constitution-shaping and,
discourse regarding rule of law,
empirical data,
formal powers to promote rule of law, 218
General Assembly and,
as “hard case” relating to rule of law,
ICJ and,
meetings on rule of law,
micro-TLOs and,
monitoring bodies, 228
peace as goal of, 30
power of, 109
procedure and rules regarding rule of law, 224,
reform efforts, 80
reluctance to apply rule of law to itself,
Resolution 1373, 47
sanctions committees, 228
scholarly focus on,
structures regarding rule of law, 224,
transnational law and, 253
transnational legal ordering (TLO), in context of,
veto power,
well-tempered power and, 480
Working Group on General Issues of Sanctions, 228
Sen, Amartya,
separation of powers
African Charter and,
in DRC,
local rule-of-law cultures and, 173
in rule of law, 19
in Russia,
UN Charter, lack of in,
in US, 19
Serbia as illiberal state, 169
Shaffer, Gregory
on abuse of rule of law, 289
on backlash against rule of law, 495
on backsliding, 482
conception of rule of law,
on “culture of conduct,” 290,
on democracy, 112
on democracy and rule of law, 344
on democratic participation, 241
on enmeshment of national and international law, , 476
on institutionalized practice, 385
on international law, 252,
meta-principle of rule of law and, 224
on metrics for measuring rule of law, 386
on multiple levels of rule of law, 322
on rule of law as principle and practice,
on social order, 408
“soft law” and, 6
on US–China relations,
on “virtuous transnational cycle,”
Shanghai Cooperation Organization, 71
Sharlet, Robert, 292
Shumeyko, Vladimir, 304
Sikkink, Kathryn, 51
Singapore as dual state, 12
Singapore Mediation Convention, 450
Slater, Dan, 263
Slaughter, Anne-Marie, 105
Slovakia, CoE accession, ,
Smith, Adam, 82
Smith, Ian, 220
“social” rule of law,
societal constitutionalism,
societal equilibrium,
socio-legal analysis,
Solange jurisprudence, 47
solutions to backsliding
cultural factors,
economic reform, requirement of,
multilevel approach, requirement of,
overview, 4
Somalia
African Union peacekeeping operations in, 46
Somchai Preechasilapakun, 413
South African Development Community, 67
South China Sea Arbitration, 450
South Sudan
Security Council constitution-shaping in, 163,
UN constitution-shaping in, 170
UN role in creation of, 160
sovereign equality,
Soviet Union. See also former Soviet bloc states; Russia
China and,
Constitution,
Council of Europe and, 284,
elections in, 286
glasnost’, 285
Gorbachev as head of, 284
Korean War, Soviet abstention and,
lack of rule of law in,
Marxist–Leninist view of law in, 293
perestroika, 285
Russia as successor to Soviet obligations, 286
Sripati, Vijayashri, , 176
state sovereignty
constitution-shaping respecting,
Hungary and, 485
ICJ on, 90
Poland and, 485
UN Charter on, 90
Stone Sweet, Alec, 32,
Strategic Arms Reduction Treaty,
Stuchka, Pyotr, 293
substance of law, relation to rule of law,
Sudan
African Union, suspension by, 159
impacts of coup on rule of law, 382
Security Council sanctions and, 228
Sustainable Development Goals (SDGs),
Sweden, NATO and, 344
Switzerland, backlash against ECtHR in, 66
Tamanaha, Brian
generally,
on avoiding checklists, 474
defining rule of law, 6
on development of rule of law, 473
functionalist approach to rule of law, 319
on horizontal benefits of rule of law for sovereigns (see horizontal benefits of rule of law for sovereigns)
on legality principle,
on legally ordered communities, , 469
on manifest functions of rule of law, 7
on state sovereignty, 485
on support for rule of law, 463
on well-tempered power, 469
Tamntawan Tuatulanon, 427
Tandja, Mamadou, 392
Tecmed arbitration,
telos of rule of law,
Teubner, Gunther,
Thailand
arbitrary exercise of power in, , 415
Article 49 of Constitution, proceedings under,
Article 112 of Criminal Code
arrest of dissidents under, ,
challenges to, , 428
increase in prosecutions under,
opportunity to be heard, lack of, 416
predictability of exercise of power, lack of, 416
proportionality, lack of, 417
public reasoning, lack of,
wielders of power not subject to law,
“attitude adjustment” in, 414
Campaign Committee for the Amendment of Article 112 (CCAA112), 417
challenges facing,
Constitution (1997), 413
Constitution (2017), , 418
coups in,
demands of protest movement,
overview, xiv
People’s Party, 412
royalist nature of law, 413
“rule of coups” in, 413
“shattering the ceiling,” 420
Shattering the Palace, 427
Thai Lawyers for Human Rights (TLHR), 415,
treason in, 426
United Front of Thammasat and Demonstration (UFTD), ,
violence against dissidents in, 415
working toward rule of law in, 412,
Thaksin Shinawatra,
“third wave” of democratization, 491
Thompson, E.P., 186
Thongchai Winichakul, 413
Timor Leste
UN role in creation of, 160
Tinubu, Bola Ahmed, , 403
Transatlantic Trade and Investment Partnership, 81
Transition 1.0, 261
Transition 2.0, 259,
transnational legal ordering (TLO)
actor mismatch and, 235
in Africa, , 478
authoritarian states and,
in China, 447
commerce and, 109
conceptual aspects of, 231
ECHR and,
ECtHR and, 191,
EU and, 109,
expansion in rule of law and, 50
horizontal benefits of rule of law for sovereigns and,
ICC and,
IMF and, 109
legally ordered communities,
micro-TLOs,
in Mongolia, 478
overview, , 230
presenting problem, ,
recursive cycles, ,
regional TLOs, 482
Security Council in context of,
tensions in, 484
transnational rule of law and, , 182,
in Turkey,
UN and, 109
World Bank and, 109
WTO and, 109
transnational rule of law
in Africa, 405
defined, 252
direct effect of international law on domestic law (see direct effect of international law on domestic law)
domestic analogies,
“growing” versus “grafting,”
indirect effect of international law on domestic law (see indirect effect of international law on domestic law)
judicial independence and, 200
“law talk” and, 22
as moving beyond national focus, ,
multiple levels of, 476
“North Star” effect, 282
recency of,
rise of, 463
rogue states, use in to restore democracy, ,
role of international law in,
socio-legal theory of,
time, relevance of, 496
transnational legal ordering (TLO) and, , 182,
Traoré, Ibrahim, 394
Treaty for Establishment of the East African Community, 207
Treaty on European Union (TEU)
accession criteria, 155
backsliding, response to, 197
elections and, 276
erga omnes obligations and, 272
infringement actions under, ,
judicial independence and,
Treaty on Conventional Armed Forces in Europe,
Treaty on the Carriage of Goods by Sea (Rotterdam Rules), 211
Trechsel, Stefan,
Trindade, Antonio Cançado,
“trustee courts,”
Trusteeship Council, 172
Tsighe Taye, Mihreteab, 382
Tunisia, emergency decrees in, 207
Turkey
arbitrary exercise of power in, 333
constitutional complaint mechanism, , 345
constitutional immunity in,
curfews in, ,
Democratic People’s Party (DEHAP), 325,
ECHR, ratification of, 316
ECtHR and
adverse judgments in, 317
arbitrary exercise of power and, 345
challenges to authority of, 326,
on disenfranchisement of minorities,
dual role of, 333
electoral threshold and, , 344
failures of, ,
inaccessibility of, 317
positive judgments in, 316
unheard cases,
electoral threshold in, , , 344
emergency rule in,
High Council of Judges and Prosecutors (HSYK),
Istanbul Convention, withdrawal from, 333
judicial independence in,
Kurds, military attacks on, ,
lawlessness in, ,
move away from rule of law,
one-man rule, move toward,
one-party rule in, 344
overview, xiii
PKK, war with, 328
in regional organizations, 261
“rule by law” in,
rule of law reforms in, 325
State of Emergency Inquiry Commission,
transnational legal ordering (TLO) and,
Ukraine War and, 343
Ukraine War
constitution-shaping, effect on, 181
General Assembly and, 88
humanitarian intervention, invasion portrayed as,
Hungary and, 205
ICJ and, 88
justifications for, , 93
Orbán and, 485
Poland and, 205
Putin’s justifications for,
traditional values, invasion viewed as supporting, 78
Turkey and, 343
war crimes in, 94
United Kingdom
Brighton Conference, 66
ECtHR, backlash against in, 66
international human rights law, incorporation of, 38
variations in rule of law in, 131
United Nations. See also specific agreement or body
consultants on rule of law, 41
defining rule of law, 117
Paris Principles, 36
peace as goal of, 30
peacemaking, constitution-shaping as,
phenomenological conception of rule of law and, 26
promotion of rule of law and, 463
on rule of law, 16
rule of law generally, 495
South Sudan, role in creation of, 160
Timor Leste, role in creation of, 160
transnational legal ordering (TLO) and, 109
trusteeship system,
Ukraine War and, 88
United States
Afghanistan, invasion of, 75
Burkina Faso and,
China and, , 442
courts, right of sovereigns to redress in, 107
as dual state,
engagement with China,
factors influencing shifts in rule of law in, 52
ICSID and, 67
illiberalism in, 72
Indo-Pacific Economic Framework and,
Iran, nuclear deal with, 77
Joint Transatlantic Agenda,
Libya, intervention in, 33
minorities in, 10
“Muslim ban,” 79
NATO and, 77
Niger and, 393
resilience of rule of law in, 79
as revisionist power,
Russia and,
separation of powers in, 19
terrorism and, 72
trade war with China, 31
variations in rule of law in, 131
WHO and, 77
Universal Declaration of Human Rights
generally, 286
national constitutions, rule of law incorporated into, 35
rule of law in,
University of New South Wales, 237
University of Queensland, 237
Uprimny, Rodrigo, 355
Uribe, Álvaro, 378
Uruguay, Constitution,
use of force, authorization of. See also specific country
expansion of Security Council powers,
as external focus of Security Council, 223
responsibility to protect (R2P), ,
rule-of-law challenges,
Security Council generally,
UN Charter on, 30,
use of term “rule of law,”
Uzbekistan, improvement in rule of law in, 131
Vallelersundi, Loyola de Palacio, 296
Van Aken, Anne, 45
Vargas, Getulio, 349,
Vattel, Emer de,
Venezuela
Constitution,
IACHR, withdrawal from, 66
IACtHR, backlash against, 66
judicial review in, 351
lack of criticism in, 484
in regional organizations, 261
Versteeg, Mila, , 55
vertical functions of rule of law, 99
Vienna Convention on Diplomatic Relations, 77
Vienna Convention on the Law of Treaties (VCLT),
Voeten, Eric, 39
Volpe, Valentina, 180
V-Party, 143
Wald, Patricia M., 256
Waldron, Jeremy
generally, 102
on analogy of states to individuals,
on contestation, 19
on discursive quality of rule of law, 15
on domestic rule of law,
on general norms, 14
inconsistency with international law, 102
on rule of law as “solution concept,”
on states with legal rights but not protection of rule of law, 107
Wanchalearm Satsaksit, 418
Weah, George, 400
well-tempered power
arbitrary exercise of power, as remedy for, 467,
“culture of conduct” and,
how to achieve, 474
limiting versus modifying power,
populism and, 488
requirements for, 462
Security Council and, 480
as telos of rule of law,
Wichai (Thai dissident), 415,
Williams, Bernard, 28
Woolcock, Michael,
World Bank
applications for project financing, 176
constitution-shaping and, ,
consultants on rule of law, 41
Convention on the Settlement of Investment Disputes, 45
country policy and institutional assessments (CPIA),
defining rule of law, 16
on good governance, 179
indexes for measuring rule of law,
phenomenological conception of rule of law and, 26
power of, 109
promotion of rule of law and, 463
rule of law generally, 495
transnational legal ordering (TLO) and, 109
World Health Organization (WHO), 77
World Intellectual Property Organization (WIPO), 70
World Justice Project
data collection,
defining rule of law, 117
indicators,
phenomenological conception of rule of law and, 26
transnational rule of law and,
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