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

Item Type Journal paper
Abstract 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.
Authors Fassbender, Bardo
Journal or Publication Title Chinese Journal of International Law
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
Subjects law
HSG Classification contribution to scientific community
HSG Profile Area None
Refereed Yes
Date 1 September 2018
Publisher Oxford University Press
Place of Publication Oxford, England
Volume 17
Number 3
Page Range 761-797
Number of Pages 37
ISSN 1540-1650
ISSN-Digital 1746-9937
Publisher DOI https://doi.org/10.1093/chinesejil/jmy017
Official URL https://academic.oup.com/chinesejil/issue/17/3
Depositing User Prof. Dr. Bardo Fassbender
Date Deposited 08 Nov 2018 19:12
Last Modified 20 Jul 2022 17:36
URI: https://www.alexandria.unisg.ch/publications/255650

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Fassbender, Bardo (2018) What's in a Name? The International Rule of Law and the United Nations Charter. Chinese Journal of International Law, 17 (3). 761-797. ISSN 1540-1650

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https://www.alexandria.unisg.ch/id/eprint/255650
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