@techreport{Jo2019,
  type      = {Working Paper},
  author    = {Jo, Hyeran},
  title     = {Rise and Decline of International Rule of Law},
  series = {KFG Working Paper Series},
  journal   = {KFG Working Paper Series},
  number    = {39},
  doi       = {10.25932/publishup-43590},
  url       = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-435900},
  pages     = {20},
  year      = {2019},
  abstract  = {This paper assesses the rise and decline of international rule of law in the case of non-state armed actors. Both signs of rise and signs of decline of international rule of law show in the case of non- state armed actors. Signs of rise include the expansion of coverage of international humanitarian law (IHL) and international criminal law, as well as international legal argumentation and rhetoric made by non-state armed groups. Some non-state armed actors express that they are governed by IHL in public statements or bilateral agreements with international actors, partly acknowledging universality of international humanitarian norms, and sometimes act as such. Signs of decline in the international rule of law also show - although some of them can be seen as business-as-usual - privileging of military advantage, instrumental use of international law (as justification and local interpretations), as well as conflicting understanding of IHL between local and global norms. The multiplicity of non-state actors also portends the decline of international rule of law, with the proliferation of many non-organized groups without legitimacy-seeking motivations.},
  language  = {en}
}
@techreport{Arajaervi2017,
  type      = {Working Paper},
  author    = {Araj{\"a}rvi, Noora},
  title     = {The Rule of Law in the 2030 Agenda},
  series = {KFG Working Paper Series},
  journal   = {KFG Working Paper Series},
  number    = {9},
  issn      = {2509-3770},
  doi       = {10.25932/publishup-42190},
  url       = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-421906},
  pages     = {34},
  year      = {2017},
  abstract  = {The rule of law is the cornerstone of the international legal system. This paper shows, through analysis of intergovernmental instruments, statements made by representatives of States, and negotiation records, that the rule of law at the United Nations has become increasingly contested in the past years. More precisely, the argument builds on the process of integrating the notion of the rule of law into the Sustainable Development Goals, adopted in September 2015 in the document Transforming our world: the 2030 Agenda for Sustainable Development. The main sections set out the background of the rule of law debate at the UN, the elements of the rule of law at the goal- and target-levels in the 2030 Agenda - especially in the SDG 16 -, and evaluate whether the rule of law in this context may be viewed as a normative and universal foundation of international law. The paper concludes, with reflections drawn from the process leading up to the 2030 Agenda and the final outcome document that the rule of law - or at least strong and precise formulations of the concept - may be in decline in institutional and normative settings. This can be perceived as symptomatic of a broader crisis of the international legal order.},
  language  = {en}
}