Many politicians, academics, media pundits are wont of invoking the “rule of law”, a “rules-based international order”, “values diplomacy” etc. But what do all these benevolent-sounding slogans actually mean in practice? Who makes the rules, who interprets them, who enforces them? What transparency and accountability accompany these noble pledges?
In a very real sense, we already have a “rules based international order” in the form of the UN Charter and its “supremacy clause”, article 103 of which grants it priority over all other treaties and agreements. The norms established in the Charter are rational, but effective enforcement mechanisms are yet to be created.
We also have humanistic “values” that should guide diplomacy and peace-making – including the principle “pacta sunt servanda” (treaties must be implemented, art. 26 of the Vienna Convention on the law of treaties).
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