Introduction: Rule of Law in an Era of Change – Challenges and Prospects

Abstract

The rule of law (RoL) is a concept that has undergone several transformations in its long and turbulent history. With the end of the cold war, RoL has witnessed a major revival; a revival that has proven to be a mixed blessing at best. On the one hand, it has become an indispensable component in the efforts to build well-ordered societies, particularly in the aftermath of conflict situations. It is ritualistically invoked by leaders of regimes all over the world, whether democratic, illiberal democratic, transitioning, or authoritarian, as well as by international agencies. Its alleged reach though is global and goes beyond merely assisting in broad democratization and peacebuilding efforts. Its proponents claim that it can contribute to the cure of major domestic and international societal ills that include poverty, gross, and systematic human rights violations, as well as intra- and interstate violence. This core belief is best reflected in the United Nations General Assembly Resolution 67/1, which reaffirmed the concept’s “fundamental importance…for the further development of the three main pillars upon which the United Nations is built: international peace and security, human rights and development.” In addition to such official pronouncements, many studies have joined the chorus of extolling the RoL’s virtues. In a certain sense, the moral appeal of the RoL resembles that of human rights: everybody is in favor even – or, some may say, particularly – when they routinely violate them.