December 12, 2019 Forthcoming
Reference - 124 Pages
ISBN 9780367419899 - CAT# 337144
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Peremptory International Legal Norms and the Democratic Rule of Law explores the risks to the democratic State inherent in the attempt to divorce the notion of democratic rule of law from respect for and adherence to peremptory international legal norms which allow for no derogation therefrom such as the prohibition of torture and inhumane treatment or punishment by the State.
The chapters address, with specific current case examples, in what ways the democratic rule of law within certain democratic States risks being undermined through those States acquiescing to the erosion of peremptory international law norms in the domestic and international context. The book therefore explores the question of in what ways such democratic State acquiescence in effect may ultimately disrupt the investment within the State in the shared culture of core human rights values that underlies democratic rule of law itself and highlights the fragility of that shared culture. The contributors argue for a renewed commitment in principle and practice to the democratic rule of law and to its human rights international normative underpinnings.
Peremptory International Legal Norms and the Democratic Rule of Law will be of great interest to scholars of international law, human rights and democracy. The chapters originally published as a special issue of The International Journal of Human Rights.
1. International order, the rule of law, and US departures from refugee protection
2. The harbinger theory of terrorism and the rule of law: the danger of ‘balancing’ non-derogable rights against security when relying on threat assessments produced by self-interested intelligence agencies
3. Citizenship by descent: how Canada’s one-generation rule fails to comply with international legal norms
Mariette Brennan and Miriam Cohen
4. Securitisation, non-refoulement and the rule of law in Kenya: the case of Somali refugees
Oscar Gakuo Mwangi
5. The widespread use of torture in Mexico and its impacts on the rule of law
6. EU membership conditionality in promoting acceptance of peremptory human rights norms: a case study in Albania considering public opinion
Ridvan Peshkopia, Drin Konjufca, Erblin Salihu and Jonida Lika