Part II of my essay about the the rule of law is out. While Part I treated the concept of the rule of law, Part II treats the rise of the rule of law internationally after 1945: The rules-based order.
WHY DOES IT MATTER? 🧵
While on a state level the idea of a rule of law against the establishment of despotism has arisen 2500 years ago, the bullying of others by "great powers" on the international sphere used to be seen as normal or at least remained unanswered until 1945. 2/
It is totally wrong to equal international rule of law with a "unipolar", "Western-dominated" or "liberal" order. These terms deflect from the fact that international rule of law protects the weak against the strong, right against might. The correct term is "rules-based order".3/
What distinguishes the international rules-based order from national rule of law is its multilayered fashion. There is not one constitution, but a web of treaties and institutions that together establish and safeguard international law. 4/
Common principles of international law are to be found, e.g., in the Helsinki Final Act "decalogue".
Whereas some principles might be conflicting at times, invasions and annexations of foreign states are unlawful under any principle of international law. 5/
The most famous of all international organizations, the UN established important principles worldwide and enabled further cooperation like the creation of the ICC.
Its great weakness is the creation of vetoing powers in contradiction to the principle of equality of states. 6/
The Helsinki Final Act of 1975 (again) established the most important legal principles between East and West during the Cold War, including human rights guarantees - giving arguments to USSR dissidents. After the Cold War, OSCE emerged from it. 7/
The Council of Europe, as opposed to the former, has been a Western values-based creation to uphold human rights across Europe. Its more principled stance is shown by the fact that Russia was excluded from it in 2022 due to the invasion of Ukraine. 8/
The Council of Europe created its own European Convention on Human Rights and its own court, ECHR. ECHR sets human rights standards across Europe (all states besides 🇧🇾 , 🇷🇺 and the Vatican being members)and has emitted landmark decisions upon Russia's human rights abuses in 🇺🇦9/
The European Court of Human Rights clearly sets standards across Europe even when national courts fail to do so. Something like ICE would end up there in Europe, whatever national courts might be doing (or not doing). It is therefore that Reform UK etc. want to leave it. 10/
Though overlooked in public discourse, international trade law is also very important to protect states from being bullied or extorted. Tariffs, according to WTO rules, are to be applied EQUALLY. They may not be used as weapons or means of threat. Trump's tariffs are illegal. 11/
The creation of international courts to control the fulfillment of international obligations and settle disagreements in a lawful manner was a milestone in human history.
Examples are the UN tribunal International Court of Justice, the WTO's appellate body and the ECHR. 12/
Even in the best times of international law (1990-2000), the enforcement of international law has been difficult. There is no world police, and UN missions need a UN resolution and countries to provide troops. National institutions' cooperation is needed. 13/
After 1990, the creation of special tribunals to prosecute atrocities like in Rwanda and ex Yugoslavia (1993, 1994) was revolutionary.
The establishment of a permanent International Criminal Court by the Rome Statute (1998) marked the peak of the international order.
13/
The peak of the international rules-based order, marked by the signing of the Rome Statute by the USA in 2000, was followed by its sudden decline or even collapse after 2000. This will be the theme of part III of my essay on the rule of law. 🧵
PS 1 In case, you missed it, this is the short version of part I of my essay, focusing on the concept of the rule of law, with a link to it's full version.
PS2 These are the links to the full substacks of part II of my essay:
(1) substack.com/@valentinforuk…
(2) substack.com/@valentinforuk…
(3) substack.com/@valentinforuk…
@P_O_Heinemann (I am not an international law expert, but still believe this is useful for people to see why it matters)
@RALupo
@Private_Jens
@mfphhh
@lena4berger
@threadreaderapp #unroll
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