What’s in a Name? The International Rule of Law and the United Nations Charter
Abstrak
In the past twenty years or so, the concept of the rule of law, cherished for centuries as a constitutional principle in a domestic legal context, has attracted much attention from international lawyers and international organizations. In particular, the United Nations has devoted substantial effort and time to studying and defining the international dimension of the concept, to concretizing specific legal consequences, and to applying the concept to its own mandate and work, especially in the area of the maintenance of international peace and security. Against this background, the present article enquires into the relationship between the concept of an international rule of law as advanced by the United Nations and the UN Charter. To what extent can the concept be said to be inherent in the Charter, although the term itself does not appear in its text? Comparing the original design of the Charter with the rule of law as developed by the UN, the article observes a progressive expansion of the concept in several dimensions, but at the same time its persistent vagueness.
Topik & Kata Kunci
Penulis (1)
B. Fassbender
Akses Cepat
- Tahun Terbit
- 2018
- Bahasa
- en
- Total Sitasi
- 9×
- Sumber Database
- Semantic Scholar
- DOI
- 10.1093/CHINESEJIL/JMY017
- Akses
- Open Access ✓