Download this Paper Open PDF in Browser

The Bifurcation of International Law: Two Futures for the International Rule of Law

THE LAW OF THE FUTURE AND THE FUTURE OF THE LAW, Sam Muller, Stavros Zouridis, Morly Frishman and Laura Kistemaker, eds., Torkel Opsahl Academic EPublisher, 2011

Amsterdam Law School Research Paper No. 2011-05

Amsterdam Center for International Law No. 2011-04

10 Pages Posted: 30 Apr 2011 Last revised: 4 Sep 2011

Andre Nollkaemper

University of Amsterdam - Amsterdam Center for International Law

Date Written: April 29, 2011

Abstract

This short paper argues that in the next decades we are likely to see a fundamental separation in the form and contents of the international rule of law. In a sizeable, but relatively small group of states, international law transforms itself from its international roots and interconnects and mingles with national law. In these states, we see an integration of the international and the national rule of law. In many other (and indeed most) states, the international rule of law will essentially remain limited to the international level. This paper explores some of the consequences of this bifurcation for the system of international law and its impact on domestic law.

Keywords: International law, rule of law, international rule of law, human rights, fragmentation

JEL Classification: K33

Suggested Citation

Nollkaemper, Andre, The Bifurcation of International Law: Two Futures for the International Rule of Law (April 29, 2011). THE LAW OF THE FUTURE AND THE FUTURE OF THE LAW, Sam Muller, Stavros Zouridis, Morly Frishman and Laura Kistemaker, eds., Torkel Opsahl Academic EPublisher, 2011; Amsterdam Law School Research Paper No. 2011-05; Amsterdam Center for International Law No. 2011-04. Available at SSRN: https://ssrn.com/abstract=1825976

Andre Nollkaemper (Contact Author)

University of Amsterdam - Amsterdam Center for International Law ( email )

P.O. Box 1030
Amsterdam, 1000 BA
Netherlands

HOME PAGE: http://home.medewerker.uva.nl/p.a.nollkaemper/

Paper statistics

Downloads
152
Rank
164,117
Abstract Views
823