The internationalisation of rule of law – changing contexts and new challenges

The internationalisation of rule of law – changing contexts and new challenges

The nature, objectives, and effects of rule of law promotion are undergoing major transformations as a result of the increasing international and transnational dimensions of governance. Contemporary rule of law promotion has become internationalised in two additional senses.

First, although not yet a norm of international law, there is a growing normative expectation that states need to comply with basic rule of law principles. Second, the rule of law agenda has increasingly targeted IGOs and transnational actors such as business to comply with basic rule of law principles. IGOs and donor states have been criticized by recipient countries for their own failures in rule of law compliance, undermining the legitimacy and effectiveness of rule of law programmes.

In the first phase of this project, the researchers have The researchers have studied relevant literature and current practice of the World Bank, United Nations, EU, and several other donors and recipient states through the perspective of ‘rule of law dynamics’. The resulting edited volume explores the various strategies, mechanisms, and processes that influence rule of law dynamics across borders and the national/international divide, illuminating the diverse paths of influence. It shows to what extent, and how, rule of law dynamics have changed in recent years, especially at the transnational and international levels of government.

In the second phase, the research continues in three separate tracks:
• Track 1: Rule of law promotion and legalisation beyond the nation-state
• Track 2: New checks and balances
• Track 3: The Challenges of rule of law promotion in Middle-Income Countries

Publications

M., Nollkaemper, A. and Peerenboom, R. (eds.), Rule of Law Dynamics in an Era of International and Transnational Governance, Cambridge University Press, 2012.