The International Rule of Law—Rise or Decline?—Approaching Current Foundational Challenges

Abstract

The chapter undertakes a preliminary assessment of current developments of international law for the purpose of mapping the ground for a larger research project. The research project pursues the goal of determining whether public international law, as it has developed since the end of the Cold War, is continuing its progressive move towards a more human-rights- and multi-actor-oriented order, or whether we are seeing a renewed emphasis of more classical elements of international law. In this context the term ‘international rule of law’ is chosen to designate the more recent and ‘thicker’ understanding of international law. The chapter discusses how it can be determined whether this form of international law continues to unfold, and whether we are witnessing challenges to this order which could give rise to more fundamental reassessments.