Defying gravity: defining the international rule of law
This article aims to offer a definition of the international rule of law. It does this through clarifying the core objectives of a rule of law and examining whether the international system could include them. It demonstrates that there can be a definition of the international rule of law that can b...
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| Format: | Article |
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Cambridge University Press
2016
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| Online Access: | https://eprints.nottingham.ac.uk/39190/ |
| _version_ | 1848795784240168960 |
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| author | McCorquodale, Robert |
| author_facet | McCorquodale, Robert |
| author_sort | McCorquodale, Robert |
| building | Nottingham Research Data Repository |
| collection | Online Access |
| description | This article aims to offer a definition of the international rule of law. It does this through clarifying the core objectives of a rule of law and examining whether the international system could include them. It demonstrates that there can be a definition of the international rule of law that can be applied to the international system. This definition of the international rule of law is not dependent on a simplistic application of a national rule of law, as it takes into account the significant differences between national and international legal systems. It seeks to show that the international rule of law is relative, rather than absolute, in its application, is not tied to the operation of the substance of international law itself, and it can apply to states, international organizations and non-state actors. It goes further to show that the international rule of law does exist and can be applied internationally, even if it is not yet fully actualized. |
| first_indexed | 2025-11-14T19:37:35Z |
| format | Article |
| id | nottingham-39190 |
| institution | University of Nottingham Malaysia Campus |
| institution_category | Local University |
| last_indexed | 2025-11-14T19:37:35Z |
| publishDate | 2016 |
| publisher | Cambridge University Press |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | nottingham-391902020-05-04T20:03:15Z https://eprints.nottingham.ac.uk/39190/ Defying gravity: defining the international rule of law McCorquodale, Robert This article aims to offer a definition of the international rule of law. It does this through clarifying the core objectives of a rule of law and examining whether the international system could include them. It demonstrates that there can be a definition of the international rule of law that can be applied to the international system. This definition of the international rule of law is not dependent on a simplistic application of a national rule of law, as it takes into account the significant differences between national and international legal systems. It seeks to show that the international rule of law is relative, rather than absolute, in its application, is not tied to the operation of the substance of international law itself, and it can apply to states, international organizations and non-state actors. It goes further to show that the international rule of law does exist and can be applied internationally, even if it is not yet fully actualized. Cambridge University Press 2016-04 Article PeerReviewed McCorquodale, Robert (2016) Defying gravity: defining the international rule of law. International and Comparative Law Quarterly, 65 (02). pp. 277-304. ISSN 1471-6895 definition; international law; international legal system; international rule of law; rule of law; States; United Nations https://www.cambridge.org/core/journals/international-and-comparative-law-quarterly/article/div-classtitledefining-the-international-rule-of-law-defying-gravitydiv/A11EB399699E9124E69FC488107B154D doi:10.1017/S0020589316000026 doi:10.1017/S0020589316000026 |
| spellingShingle | definition; international law; international legal system; international rule of law; rule of law; States; United Nations McCorquodale, Robert Defying gravity: defining the international rule of law |
| title | Defying gravity: defining the international rule of law |
| title_full | Defying gravity: defining the international rule of law |
| title_fullStr | Defying gravity: defining the international rule of law |
| title_full_unstemmed | Defying gravity: defining the international rule of law |
| title_short | Defying gravity: defining the international rule of law |
| title_sort | defying gravity: defining the international rule of law |
| topic | definition; international law; international legal system; international rule of law; rule of law; States; United Nations |
| url | https://eprints.nottingham.ac.uk/39190/ https://eprints.nottingham.ac.uk/39190/ https://eprints.nottingham.ac.uk/39190/ |