Conclusion: From Rule of Law Promotion to Rule of Law Dynamics

Abstract

In The Dynamics of Rule of Law in an Era of International and Transnational Governance (forthcoming Cambridge University Press, 2012), we presented a new analytical framework for understanding developments in the rule of law field, describing and assessing the interrelated processes of rule of law promotion, diffusion and conversion. In this concluding chapter, we address the following issues, taking up in turn rule of law promotion, diffusion and conversion, and summarizing for each the main developments, their causes, and key issues for further research. Have the major actors in the rule of law field, including the “great powers” and international organisations, altered their strategies, programs and practices to reflect the shift to new levels and new forms of governance? Do rule of standards apply to new international and transnational forms of regulation? Should they be modified to fit the different context? Can the interactions between national and international levels be structured so that they do not become a new source of rule of law violation? Does international law provide a clear and acceptable set of standards that can form a common baseline for rule of law promotion both in states and for new forms of governance? And how does rule of law promotion, whether or not based on standards of international law, cope with the wide variety of forms of resistance from the targets of rule of law promotion?

Keywords: rule of law, international law, comparative law, transnational governance, law and development

JEL Classification: K33