The nature and function of international law: an evolving international rule of law

Abstract

The rule of law is constantly evolving. It grew from theological natural law doctrines after which international law acquired a more secular and positivist orientation due to European industrialization. However, European states’ unequal treaties with Asian Kingdoms and colonialism initially failed to establish a truly universal rule of law. In 1920, the Covenant of the League of Nations attempted to establish a legal community of the mankind. This experiment failed to prohibit the use of force nevertheless. The subsequent establishment of the UN gave rise to the hope of a universal rule of law again. Unfortunately, the ensuing Cold War and the post-Cold War trends so far have belied these hopes. The veto power at the Security Council seldom accords with the world’s common interests. However a true rule of law that promotes equality between states and equity between classes is still possible. This article examines and evaluates the possibility of a true rule of law.