Strengthening the Rule of Law through the UN Security Council

Abstract

This work represents the tenth instalment within a series of academic volumes examining the challenges presented by the emergence of globalisation on the geo-political scene. The series claims to make two significant contributions: first, dissecting the liberal democratic values which have served to form modern constructs of the civilised world; and, second, identifying what international institutions are best positioned ultimately to realise those values in an increasingly globalised world. The present contribution focuses upon the international community’s commitment to promoting the rule of law (ROL) – primarily through the premier mechanisms of the United Nations Security Council (peacekeeping, sanctions and force). Conversations on ROL theories naturally play a vital role within the confines of maintaining peace. Here, the authors show that ROL must also be equally applied to conversations regarding securing peace (e.g. through the use of force). While traditional ad bellum literature tends to examine parameters governing the use of force, this work shines a focus on reforming the systems and bodies which actually utilise the force. Based on this journal’s natural remit, special emphasis will be placed upon the authors’ discussion concerning the interplay between the ROL and the use of force. The present entry is conveniently divided into five easily digestible sections. From the onset, the editors present ROL as the antithesis to the use of force. In essence, efforts to ensure ROL serve as a means to maintain and regulate peace (1). While Part I seeks to provide a cursory review of the theories behind a contemporary understanding of the ROL, Parts II through to IV delve into how the UN Security Council (UNSC) attempts to implement the ROL in today’s world. Finally, Part V takes a look into future challenges and how the ROL can ultimately be strengthened through the dictates of the Security Council by presenting a list of policy proposals. While maintaining peace through ROL is the clearly defined target, the work is not naive in arguing that the utilisation of force is no longer necessary or can be conveniently avoided. To the contrary, the latter chapters focus explicitly on taking ROL concepts and applying them to the much more