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The European Court of Human Rights (ECtHR) is an international court operating in the international legal order. Its judgments are not given direct effect in national law. In this sense we have a system of legal pluralism between international and national law. But the ECtHR has constitutional effects in national law through the weight placed on the Court’s practice by national courts. Therefore, constitutional principles are applicable in the interaction between the ECtHR and national courts. This article discusses the transnational constitutional aspects of the Court, and how this should guide the roles of, respectively, the ECtHR and national courts.
Geir Ulfstein (chapter 17) discusses whether the rule of law as known from the national constitutional context is also useful internationally. He examines whether an international rule of law should be seen as part of Global Constitutionalism. The significance of international courts and tribunals for the rule of law in the Asian context is then dealt with. The strong regional courts in Europe are compared with the weak development of regional courts in Asia. The question is raised whether the use by Asian states of global dispute settlement mechanisms may compensate for the lack of regional courts. The chapter reflects on why the regional Asian judiciary is so weak and considers if more regional judicialisation may be expected in future. It also asks whether viable alternative Asian procedures for dispute resolution exist. This discussion is used to assess the status of the rule of law in Asia, but also the possibility that the Asian states’ sceptical approach to international judicialisation may weaken the global rule of law.
The Internationalists is a fascinating book. The authors present a clear proposition about the significance of the 1928 Pact for the Renunciation of War for a more peaceful world. My focus is on the role of what the authors call outcasting, as an alternative to war. I argue that outcasting is hardly new. It has been known as reprisals or self-help, and currently as countermeasures. It is essential that such measures are brought under international control. What is more, the current US administration is a threat to the current world order. Other states and civil society need to continue to develop internationally controlled sanctions against violations of international law – also in the absence of the USA.