In This Article Expand or collapse the "in this article" section An International Rule of Law

  • Introduction
  • The Rule of Law as a UN Project: A Selection of UN Documents on the Rule of Law
  • The Interaction Between the International and Domestic Rule(s) of Law
  • The (International) Rule of Law: A Tool of Hegemony?
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International Law An International Rule of Law
by
Leander Beinlich, Anne Peters
  • LAST MODIFIED: 25 August 2021
  • DOI: 10.1093/obo/9780199796953-0222

Introduction

The “international rule of law” is an elusive concept. Under this heading, mainly two variations are being discussed: The international rule of law “proper” and an “internationalized” or even “globalized” rule of law. The first usage relates to the rule of law as applied to the international legal system, that is the application of the rule of law to those legal relations and contexts that are governed by international law. In this context, the term international rule of law is often mentioned as a catchphrase which merely embellishes a discussion of international law tout court. The international rule of law is here mainly or exclusively used as shorthand for compliance with international law, a synonym for a “rule based international order,” or a signifier for the question whether international law is “real” law. This extremely loose usage of the term testifies its normative and symbolic appeal although it does not convey any additional analytic value. The second usage of the rule of law in international contexts covers all other aspects of the rule of law in a globalizing world, notably rule of law promotion in its widest sense. The increasing interaction between national and international law and between the diverse domestic legal orders (through law diffusion and reception, often again mediated by international law) is a manifestation of the second form of the rule of law. The structure of this bibliography roughly follows this bifurcation of the Rule of Law Applied to the International Legal System and the Rule of Law in a Globalizing World. Next to these two main parts, three further, separate sections discuss questions that arise at the intersection of the two variants or are of crosscutting importance to the rule of law as a whole. This includes sections on the Rule of Law as a UN Project: A Selection of UN Documents on the Rule of Law, the Interaction between the International and Domestic Rule(s) of Law, and the (International) Rule of Law: A Tool of Hegemony?.

The Rule of Law Applied to the International Legal System

This part contains contributions that discuss what may be called the international rule of law “proper,” that is, the application of the rule of law to those legal relations and contexts that are governed by international law. It opens with a section containing introductions and general overviews on the topic (Introductions and Overviews) and a section on the “Classic” International Rule of Law Project. This part then addresses several main themes of the scholarly debate. One conceptual question is whether there is a rule of law in international law and international relations and what its meanings and consequences might be. A related question is whether an analogy to the traditional, domestic rule of law is possible and helpful (International Rule of Law: Current Conceptualizations). Next, potential links between the international rule of law and global constitutionalism are examined (Global Constitutionalism as a Thick International Rule of Law). Another significant strand of literature addresses whether and how the rule of law applies to the United Nations (International Rule of Law Applied to the United Nations). Beyond these main themes, the nature, role, and impact of the international rule of law have been addressed in several subfields of international law such as human rights law, international trade law, international investment law, and international criminal law (International Rule of Law and Specific Areas of International Law).

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