Assistant Professor at School of Legal Studies, Babu Banarasi Das University, Lucknow, India
Assistant Professor at School of Legal Studies, Babu Banarasi Das University, Lucknow, India
The rule of law has evolved beyond its classical domestic conception to become a cornerstone of the international legal order. As a global norm, it underpins principles of legal legitimacy, institutional accountability, and normative coherence across fragmented systems of governance. This research paper explores the theoretical and practical evolution of the rule of law in the international domain, emphasizing its function as a foundational principle within multilevel legal governance. Drawing on General Assembly resolutions, Security Council debates, Secretary-General reports, and jurisprudence of international courts and tribunals, this paper argues that the rule of law operates simultaneously as a legal standard, political ideal, and institutional mandate. The study engages with the conceptual challenges of legal validity in a decentralized and pluralistic international legal system. It interrogates the tension between formal legality and normative legitimacy, particularly in contexts where non-state actors, regional organizations, and transnational legal regimes exert legal authority. The paper employs a multidimensional analytical framework that integrates legal theory, UN practice, and comparative constitutional insights to demonstrate how the rule of law contributes to norm-building, dispute resolution, and institutional development. It also critically assesses instances of selective compliance and power asymmetries that undermine the universality and impartial application of the rule of law. Ultimately, this paper contributes to scholarly discourse by proposing a more coherent understanding of international legal validity anchored in the normative architecture of the rule of law. It suggests that enhancing the consistency, transparency, and accessibility of international legal processes will strengthen global governance and reinforce the legitimacy of the international legal order.
Research Paper
International Journal of Law Management and Humanities, Volume 8, Issue 4, Page 278 - 293
DOI: https://doij.org/10.10000/IJLMH.1110427This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
Copyright © IJLMH 2021