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An International Rule of Law?
Simon Chesterman, Global Professor and Director of the New York University School of Law Singapore Program
American Journal of Comparative Law, Vol. 56, No. 2, 2008
ABSTRACT:
The rule of law is almost universally supported at the national and international level. The extraordinary support for the rule of law in theory, however, is possible only because of widely divergent views of what it means in practice. Disparate national traditions posed few problems while operating in parallel, but efforts to promote the rule of law through international organizations have necessitated a reassessment of this pluralism. This article proposes a core definition of the rule of law as a political ideal and argues that its applicability to the international level will depend on that ideal being seen as a means rather than an end, as serving a function rather than defining a status. Such a vision of the rule of law more accurately reflects the development of the rule of law in national jurisdictions and appropriately highlights the political work that must be done if power is to be channeled through law.
SUGGESTED CITATION:
Simon Chesterman,
"An International Rule of Law?"
(April 11, 2008).
New York University School of Law.
New York University Public Law and Legal Theory Working Papers.
Paper 70.
http://lsr.nellco.org/nyu/plltwp/papers/70
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