When and Why the Doctrine of a 'Rules-Based International Order' Emerged

Autor: B. I. Nefedov
Jazyk: English<br />Russian
Rok vydání: 2024
Předmět:
Zdroj: Московский журнал международного права, Vol 0, Iss 3, Pp 6-16 (2024)
Druh dokumentu: article
ISSN: 0869-0049
2619-0893
DOI: 10.24833/0869-0049-2024-3-6-16
Popis: INTRODUCTION. It is no understatement to say that the “rules-based international order” doctrine, as opposed to the “international order based on law”, has emerged as one of the most debated concepts in global politics during in the late ХХ and early ХХI centuries. This concept presents a framework where general rules of conduct for states, though not norms of jus cogens under general international law, are considered legally binding for all states and other participants in international relations. Consequently, it challenges the traditionally recognized supremacy of international law in governing these relations, seeking to erode established practices of international law-making. This doctrine is actively utilized by leading Western powers to substantiate their political positions and accuse strategic competitors of failing to adhere to these “rules” deemed as legally binding. Understanding the essence and origin of this doctrine is crucial in unraveling its significance. MATERIALS AND METHODS. The set of used methodological approaches encompass a range of general scientific and specialized methods, including historical analysis, formal logic, synthesis, as well as systemic and comparative legal methods.RESEARCH RESULTS. The research indicates that the doctrine of a rules-based international order entered international diplomatic discourse in the early 1990s, arising as a consequence of the collapse of the Soviet Union and the emergence of a unipolar world.DISCUSSION AND CONCLUSIONS. The author reaches the conclusion that in the context of this emerging unipolarity, the United States deemed it appropriate to unilaterally (or at most in conjunction with its closest allies) dictate universally binding rules of conduct in international relations to the global community. The doctrine of a rules-based internation[1]al order provided the necessary scientific justification to validate such a policy. Initially, this doctrine garnered substantial support in international politics but subsequently faced a decline in its proponents, particularly with the shift towards a polycentric world order. While it continues to exist to some extent, the goals for which it was originally conceived have been largely nullified.
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