International law and international justice

Abstract

This chapter investigates the relationship between the concepts of international justice and international law. It suggests that the idea of an international rule of law is constructed on procedural, rather than substantive, accounts of justice. Against the background of two opposing tendencies in the international legal order that influence ideas of international justice, namely the Westphalian and UN Charter accounts, the chapter considers various attempts to incorporate notions of justice in the international legal order. Examples are drawn from the 1970s campaign for a New International Economic Order at the UN, from international adjudication, from feminist campaigns, and from the work of international legal scholars such as Thomas Franck and Steven Ratner. The chapter argues that the concept of international justice has become associated largely with international criminal law, and indicates the limitations of this linkage. Show more