Ranyta YusranDoctoral Student, LLM in International Human Rights Law, LLB in Transnational Relations
Research areas and keywords
UKÄ subject classification
- Public International Law, Legal History, third world, Rule of law, treaties
This project tells an account about the rule of law (RoL) discourse in international law since the crystallization of the standard of civilization in international society in the early 20th century until the consolidation of the RoL as an international development strategy after the 1997 Asian financial crisis. The RoL discourse refers to what this project perceives as the continuous and evolving ‘exchange’ within the modern international society on the evolving expectations in international law that domestic legal systems of member states of the international society respect certain elements of the RoL and the responses of postcolonial states to such expectations. The ‘exchange’ has never been framed as a RoL discourse, albeit the clear presence of the RoL requirements as compulsory prerequisite in the fulfilment of the ‘standards’ in international society as part of the ongoing project of the universalization of international law.
This perceived continuation and evolution of the RoL discourse in international law suggests that the discourse constitutes a powerful tool for the normalization and transformation of norms in international law. Following this strand of thought, I argue that, first, the evolving RoL expectation in international law has become a leitmotif in the universalization of international law in relation to first and third world states dynamics. In the beginning, the ostensible fulfilment of the international expectation by postcolonial/third world states would gain them status as members of the international society and supposedly attested to their ability to meet their international obligations. Later on, the expectation of the RoL vis-à-vis third world states would take a more invasive tone as it required actual changes in the domestic laws, institutions and politics to domestically implement their international obligations. Second, I argue that these exchanges serve as an ongoing internalization process of the RoL in postcolonial states which informs the domestic implementation of their international obligations; the more internalize the RoL is in the domestic legal system of a state the more likely for that state to implement most, if not all, of its international commitments.
The project will take three ‘universalizing’ standards in modern international law to trace the RoL discourse in the course of the universalization of international law and to test the above hypotheses: the standard of civilization; the standard of human rights; and the standard of development. In the discussion of each of the standard, the project will look into the exchanges between the evolving international expectations on the RoL and the responses of postcolonial states toward such expectations.
With regard to the responses of postcolonial states toward RoL expectations and the domestic implementation of their international obligations, I intend to use a case study approach to capture the granular details of the responses of individual postcolonial states to the RoL expectation in each standard and the domestic implementation of their international obligations. This is because analysis in individual postcolonial states responses to evolving expectations on the RoL in international law and the possible influence of the RoL discourse in the domestic implementation of their international obligations remain largely unknown. Furthermore, despite their shared colonial history, postcolonial states experienced different processes and challenges in internalizing the RoL in their respective domestic legal system which resulted in different level of internalization of the RoL. These are the nuances that this project wishes to capture with the aim to prove whether, and explain how, the RoL discourse in international law affects the domestic implementation of their international commitments. To this end, the project will look into the RoL responses and internalization processes in Indonesia and the Philippines. As for the international obligations that the project will scrutinize in discerning the possible impact of the RoL discourse in the domestic legal setting of postcolonial states, the project will look into the domestic implementation of implement the International Covenant on Civil and Political Rights and the United Nations Convention against Corruption. The two treaties are selected due to their complementarity to two universalizing standards: human rights and development.
Recent research outputs
Research output: Chapter in Book/Report/Conference proceeding › Entry for encyclopedia/dictionary
Research output: Chapter in Book/Report/Conference proceeding › Book chapter