The Core Requirements of the International Rule of Law in the Practice of States

Abstract

Is it possible to identify some foundational elements of international law that can be generally accepted by all States? Can such core elements reach a normative threshold to be considered requirements rather than “values” or “virtues” ? And finally, what are these core requirements of the international rule of law? This contribution propositions that, indeed, such core elements exist, identifies them—non-arbitrariness, consistency and predictability—from the practice of States at the international level and conceptualises them as the minimum requirements of the international rule of law. It presents an empirical study of statements of governments at the United Nations (UN) during a five-year period (2012–2017), accompanying the relevant findings with references to decisions and opinions of the International Court of Justice (ICJ).