The International Rule of Law in Light of Legitimacy Claims

Abstract

The chapter looks at legitimacy claims, contrasting them with theories of legitimacy and discussing how such claims may contribute to the ‘rise or decline’ of the international rule of law. The author studies examples from the areas of the ius ad bellum and the ius in bello. He concludes that legitimacy considerations will not allow a proper assessment of ‘rise or decline’ in themselves. Rather it is important to first establish a realistic perspective on what international law can achieve at all. In contrast to expectations that have been raised in particular after the end of the Cold War by many scholars, international law has not become a value-based constitutional arrangement of its constitutive entities, whether these are states or individuals.