The Limits of the New International Rule of Law on Good Governance

Abstract

As a result of the fall of communism, the political and economic collapse in Africa, and the exhaustion of third world populism, there has emerged a new international law. This new international law is a dual system of prescriptions to address challenges in Africa, including authoritarian governments, and economic failure. The dual system involves a regime of international human rights and democracy, and mandates a regime of neo-liberal macro-economic policies combined with private law reform.

This article argues that this new international law is the dominant discourse in both economically powerful countries and economically powerful interests in African countries. The article further argues that the new international rule of law serves alliances of western and non-western powers with interests in Africa by giving legitimacy to the contested functionalist and technocratic neo-liberal economic reforms of multilateral and bilateral donors. Whether this new international law can be relevant without promising the impossible is a question this article seeks to answer.