What's in a Name? The International Rule of Law and the United Nations Charter

Journal
Chinese Journal of International Law
ISSN
1540-1650
ISSN-Digital
1746-9937
Type
journal article
Date Issued
2018-09-01
Author(s)
DOI
Abstract (De)
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.
Language
English
Keywords
Rule of Law
United Nations
United Nations Charter
United Nations Security Council
League of Nations
human rights
human rights law
international law
history of international law
international relations
international organizations
HSG Classification
contribution to scientific community
HSG Profile Area
None
Refereed
Yes
Publisher
Oxford University Press
Publisher place
Oxford, England
Volume
17
Number
3
Start page
761
End page
797
Pages
37
Official URL
URL
Subject(s)

law

Division(s)

FR - Research Institu...

Eprints ID
255650
File(s)
Thumbnail Image
Name

Fassbender Int rule of law and UN Charter 2018.pdf

Size

303.08 KB

Format

Adobe PDF

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