This book casts new light on the application of the principle of proportionality in international law. Proportionality is claimed to play a central role in governing the exercise of public power in international law and has been presented as the ‘ultimate rule of law’. It has also been the subject of fierce criticism: it is argued that it leads to unreflexive and arbitrary application of the law and deprives rights of their role as a ’firewall’ protecting individuals. But the debate on proportionality has tended to focus on the question of ‘how’ proportionality should be carried out. Much less attention has been devoted to the question of ‘who’.
This edited volume bring together scholars from a wide range of areas of international law to consider that question: whose interests are at stake when courts and other legal authorities apply the principle of proportionality? In so doing, this volume casts new light on the role which proportionality can play in international law, in shaping and modulating the power relations between the different entities governed by it.
Ulf Linderfalk is Professor of International Law in the Faculty of Law, Lund University. He is a general international lawyer, who takes a special interest in questions relating to international legal structure. His research has examined issues arising from phenomena such as normative conflict, legal hierarchy, treaty interpretation, special regimes, cross-fertilisation among such regimes, legal principles, legal discretion, balancing, and conceptual terms.
Eduardo Gill-Pedro is Ragnar Söderberg Senior Research Fellow at Lund University. His research interests encompass EU law, human rights law and transnational law theory. His current project focuses on the fundamental rights of companies in European law.