@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}
}
@techreport{Arajaervi2017,
  type      = {Working Paper},
  author    = {Araj{\"a}rvi, Noora},
  title     = {The Requisite Rigour in the Identification of Customary International Law},
  series = {KFG Working Paper Series},
  journal   = {KFG Working Paper Series},
  number    = {6},
  issn      = {2509-3770},
  doi       = {10.25932/publishup-42074},
  url       = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-420742},
  pages     = {27},
  year      = {2017},
  abstract  = {Over the last few decades, the methodology for the identification of customary international law (CIL) has been changing. Both elements of CIL - practice and opinio juris - have assumed novel and broader forms, as noted in the Reports of the Special Rapporteur of the International Law Commission (2013, 2014, 2015, 2016). This paper discusses these Reports and the draft conclusions, and reaction by States in the Sixth Committee of the United Nations General Assembly (UNGA), highlighting the areas of consensus and contestation. This ties to the analysis of the main doctrinal positions, with special attention being given to the two elements of CIL, and the role of the UNGA resolutions. The underlying motivation is to assess the real or perceived crisis of CIL, and the author develops the broader argument maintaining that in order to retain unity within international law, the internal limits of CIL must be carefully asserted.},
  language  = {en}
}