| dc.description.abstract | The modern articulation of the constitutional principle of the rule of law is credited to
A.V. Dicey, who identified three essential elements of what is generally considered a
formal version of the concept. Namely, (1) to be ruled by law, not by discretionary
power, (2) to be equal before the law, private individuals as well as government
officials, and (3) to be submitted to the general jurisdiction of ordinary courts, the best
source of legal protection. The main goal of the paper is to externalise these core values
of the rule of law onto the international plane in an attempt to examine how they are
found in the essential features of the international legal system, understood in traditional
terms (i.e. treaties as normative source, states as legal actors, International Court of
Justice as adjudicative body). The strongest claim is at the level of normativity: the
conduct of states is ruled by law, i.e. by legal norms providing certainty, predictability
and stability. The verdict is also positive as regards the functional dimension,
concerning the creation and application of international law. Treaties are promulgated
satisfactorily and their publication is adequate; furthermore, international law is now
universal in its reach and the fundamental principle of sovereign equality assures that, in
most instances, similarly situated states are treated in the same way, that is without
discrimination. The institutional level remains problematic, however, in spite of
improvements in recent years. The continuing lack of compulsory jurisdiction for the
ICJ cannot be ignored, even if most of the states have committed to international
adjudication through the optional clause (or the like). There is also a will to open the
door to a power of judicial review for the ICJ, which could rule on the legality of the
decisions of other UN organs (e.g. Security Council). The independence and
impartiality of the ICJ are uncontested, and the judicial process is truly accessible to all
states. In terms of effectiveness, the compliance record is outstanding, but the Security
Council's discretion for ultimate enforcement of judgments remains a concern. In the
end, dwelling upon the immense social power of this terminology, the conclusion
suggests the emergence of an international rule of law. | en |
