International Law and the Rule of Law Essay

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PUBLIC INTERNATIONAL LAW INTERNATIONAL LAW AND THE RULE OF LAW SUBMITTED BY: SUMAYAH HASAN ROLL. NO.: 10020259 WORD COUNT: 3308 As time is progressing, international law is evolving. But what is more surprising is not the way the law in this system is changing but the way people’s attitudes and perceptions towards it are shifting in the direction of becoming more critical and pessimistic. International lawyers and scholars are now more concerned with the enforcement mechanism of the international laws and whether there is still any hope left to achieve any kind of consistency and predictability in this arena. Various debates about the notion of the ‘rule of law’ and its applicability in international law is viable and practical in truth are heard from time to time. While various other problems regarding the international law need to be addressed in order to extract the desired kind of result from the system of international law, they will not be a concern of this paper and instead what will be looked upon here is how the notion of ‘rule of law’ has played its role in the international law, whether it has proved to be practical so far, if not then what are the problems that seem to make its applicability impractical, and what are some ways of properly implementing the rule of law. The European Union and its legal institution, which is propagated to be successful in terms of achieving a system based on the rule of law, will be contrasted with the International legal system to ascertain whether there are any measures that can improve the world legal system, and help in establishing the rule of law. RULE OF LAW Thomas Carothers defines the rule of law as ‘a system in which the laws are public knowledge, are clear in meaning, and apply equally to everyone.’[1] He suggests that it tends to support the human rights that seem to be translated in

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