International law and national law pdf

Can international law establish the rule of law?

1

Whether or not international law as a system of law is capable of establishing the rule of law is a difficult question to answer

Often, scholars and diplomats will vary in their understanding of what the rule of law might mean as a concept

This is a different argument to suggesting that rules or principles are indeterminate

Is international law a normative system?

However, consider the description of international law by Rosalyn Higgins, a former President of the International Court of Justice (ICJ)

1 Higgins emphasises the purpose for having a system of international law rather than what it does functionally: International law is not rules

It is a normative system

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