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The Rule of Law in the 2030 Agenda

  • 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 preciseThe 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.show moreshow less

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Metadaten
Author details:Noora ArajärviORCiD
URN:urn:nbn:de:kobv:517-opus4-421906
DOI:https://doi.org/10.25932/publishup-42190
ISSN:2509-3770
ISSN:2509-3762
Title of parent work (English):KFG Working Paper Series
Publication series (Volume number):KFG Working Paper Series (9)
Publication type:Working Paper
Language:English
Date of first publication:2017/06/26
Publication year:2017
Publishing institution:Universität Potsdam
Release date:2019/01/03
Tag:Agenda 2030; OWG; SDG 16; SDGs; United Nations; international law; rule of law; sustainable development goals
Issue:9
Number of pages:34
Source:First publication of the paper: DOI https://doi.org/10.2139/ssrn.2992016
RVK - Regensburg classification:PR 2355
Organizational units:Extern / Berlin Potsdam Research Group "The International Rule of Law - Rise or Decline?"
DDC classification:3 Sozialwissenschaften / 34 Recht / 340 Recht
Peer review:Nicht referiert
License (German):License LogoKeine öffentliche Lizenz: Unter Urheberrechtsschutz
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