The rule of law on the international system International law essay
These are legal rules, but the rule of law is one of the ideals of our political morality and refers to the predominance of law as such and of the institutions of the legal system in an administrative system. The rule of law includes a number of principles of a formal and procedural nature, which relate to the way in which, understood in such a broad, or 'thick' sense, the rule of law is no longer just a quality of a legal system. . It becomes a complex and multidimensional ideology, 'too important to be left to lawyers' p. 30. In this comprehensive manifestation, the rule of law appears as part of a theory of justice, and not merely as: 1. INTRODUCTION. Three years ago I attended a meeting of a small group of ambassadors to the United Nations in New York. The context was an initiative by the small, low-lying island state of Palau to convince the UN General Assembly to ask the International Court of Justice ICJ in The Hague to issue an advisory opinion on Europe's international rule of law. , European Convention for the Protection of Human Rights and Fundamental Freedoms, as amended by Protocols No. 11 Art. 2 3, 8 2, 9 2, 10 2, 11 2, Canadian Charter of Rights and Freedoms, Sec. 1, issued as part of State Sovereignty is a central concept in international law, which refers to the exclusive authority and. autonomy of a state to govern itself without outside interference. The concept of. Taken in such a broad or 'thick' sense, the rule of law is no longer just a quality of a legal system. It becomes a complex and multidimensional ideology, 'too important to be left to lawyers' p. 30. In this all-encompassing manifestation, the rule of law appears as part of a theory of justice, and not only can international law be identified as a unique legal framework, because its binding quality rests essentially on the State's recognition and consent to such power. Morgenthau, for example, recognizes this and argues that 'denying the existence of international law as a system of binding legal rules goes against all the evidence’’.