Big Rule of Law SM TM (pat.pending): Branding and Certifying the Business of the Rule of Law

    Research output: Chapter in Book/Report/Conference proceedingChapter

    Abstract

    The normative content of the rule of law (ROL) continues to be energetically contested. Debates generally proceed on the basis that the ROL - however defined - is a public good. The unstated assumption is that producing this public good is fundamentally a responsibility of the sovereign state, which has the right and (some argue) the obligation to shape, animate and enforce the law domestically, while submitting itself to domestic and international legal authority and challenge. Whether a state's capacity or willingness to do so is lacking - or perceived as such by other states - these over sovereigns, acting alone or in concert, project their preferred versions of the ROL into 'weaker; states. This process of projecting the ROL norms through diplomacy, official development assistance, military interventions and humanitarian assistance is both an international phenomenon (when legitimated by international law and sponsored by international multilateral organisations), and a mode of transnational governance, 'somewhere beyond the reach of the nation-state and below the legal regime of the international law and the authority of international organisations'.
    Original languageEnglish
    Title of host publicationStrengthening the Rule of Law through the UN Security Council
    Editors Jeremy Farrall and Hilary Charlesworth
    Place of PublicationOxon, United Kingdom
    PublisherRoutledge, Taylor & Francis Group
    Pages27-42
    Edition1
    ISBN (Print)9781138959033
    DOIs
    Publication statusPublished - 2016

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