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Deriving the international Rule of Law: an unnecessary, impractical and unhelpful exercise

Burgess, P; (2019) Deriving the international Rule of Law: an unnecessary, impractical and unhelpful exercise. Transnational Legal Theory , 10 (1) pp. 65-96. 10.1080/20414005.2019.1609813. Green open access

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Abstract

The content of the international Rule of Law is frequently debated. In this debate, domestic Rule of Law conceptions are frequently—if only indirectly or implicitly—used to derive the international concept. I argue this derivation, and the debate regarding the form of any derivation, is unnecessary because the domestic conceptions frequently used as a foundation for the formulation of the international concept cannot be internationalised. This happens as the context in which such concepts were framed fundamentally differs to the contemporary international arena. I also argue deriving the international Rule of Law in this way is both impractical and unhelpful as derivation necessitates the arbitrary selection of aspects of domestic conceptions to formulate the international concept. I do not suggest there is not, or cannot be, an international Rule of Law. I do, however, argue the international Rule of Law should be formulated without recourse to domestic ideas.

Type: Article
Title: Deriving the international Rule of Law: an unnecessary, impractical and unhelpful exercise
Open access status: An open access version is available from UCL Discovery
DOI: 10.1080/20414005.2019.1609813
Publisher version: https://doi.org/10.1080/20414005.2019.1609813
Language: English
Additional information: This version is the author accepted manuscript. For information on re-use, please refer to the publisher’s terms and conditions.
Keywords: Conceptual clarity, context, deriving, international Rule of Law, Rule of Law
UCL classification: UCL
UCL > Provost and Vice Provost Offices
UCL > Provost and Vice Provost Offices > UCL SLASH
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws
URI: https://discovery.ucl.ac.uk/id/eprint/10072563
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