Part II of my essay about the the rule of law is out. While Part I treated the concept of the rule of law, Part II treats the rise of the rule of law internationally after 1945: The rules-based order.
WHY DOES IT MATTER? 🧵 **
While on a state level the idea of a rule of law against the establishment of despotism has arisen 2500 years ago, the bullying of others by “great powers” on the international sphere used to be seen as normal or at least remained unanswered until 1945. 2/ **
It is totally wrong to equal international rule of law with a “unipolar”, “Western-dominated” or “liberal” order. These terms deflect from the fact that international rule of law protects the weak against the strong, right against might. The correct term is “rules-based order”.3/
**
What distinguishes …
Part II of my essay about the the rule of law is out. While Part I treated the concept of the rule of law, Part II treats the rise of the rule of law internationally after 1945: The rules-based order.
WHY DOES IT MATTER? 🧵 **
While on a state level the idea of a rule of law against the establishment of despotism has arisen 2500 years ago, the bullying of others by “great powers” on the international sphere used to be seen as normal or at least remained unanswered until 1945. 2/ **
It is totally wrong to equal international rule of law with a “unipolar”, “Western-dominated” or “liberal” order. These terms deflect from the fact that international rule of law protects the weak against the strong, right against might. The correct term is “rules-based order”.3/
**
What distinguishes the international rules-based order from national rule of law is its multilayered fashion. There is not one constitution, but a web of treaties and institutions that together establish and safeguard international law. 4/ **
Common principles of international law are to be found, e.g., in the Helsinki Final Act “decalogue”.
Whereas some principles might be conflicting at times, invasions and annexations of foreign states are unlawful under any principle of international law. 5/ **
The most famous of all international organizations, the UN established important principles worldwide and enabled further cooperation like the creation of the ICC.
Its great weakness is the creation of vetoing powers in contradiction to the principle of equality of states. 6/ **
The Helsinki Final Act of 1975 (again) established the most important legal principles between East and West during the Cold War, including human rights guarantees - giving arguments to USSR dissidents. After the Cold War, OSCE emerged from it. 7/ **
The Council of Europe, as opposed to the former, has been a Western values-based creation to uphold human rights across Europe. Its more principled stance is shown by the fact that Russia was excluded from it in 2022 due to the invasion of Ukraine. 8/ **
The Council of Europe created its own European Convention on Human Rights and its own court, ECHR. ECHR sets human rights standards across Europe (all states besides 🇧🇾 , 🇷🇺 and the Vatican being members)and has emitted landmark decisions upon Russia’s human rights abuses in 🇺🇦9/ **
The European Court of Human Rights clearly sets standards across Europe even when national courts fail to do so. Something like ICE would end up there in Europe, whatever national courts might be doing (or not doing). It is therefore that Reform UK etc. want to leave it. 10/ **
Though overlooked in public discourse, international trade law is also very important to protect states from being bullied or extorted. Tariffs, according to WTO rules, are to be applied EQUALLY. They may not be used as weapons or means of threat. Trump’s tariffs are illegal. 11/ **
The creation of international courts to control the fulfillment of international obligations and settle disagreements in a lawful manner was a milestone in human history.
Examples are the UN tribunal International Court of Justice, the WTO’s appellate body and the ECHR. 12/ **
Even in the best times of international law (1990-2000), the enforcement of international law has been difficult. There is no world police, and UN missions need a UN resolution and countries to provide troops. National institutions’ cooperation is needed. 13/ **
After 1990, the creation of special tribunals to prosecute atrocities like in Rwanda and ex Yugoslavia (1993, 1994) was revolutionary.
The establishment of a permanent International Criminal Court by the Rome Statute (1998) marked the peak of the international order. 13/ **
The peak of the international rules-based order, marked by the signing of the Rome Statute by the USA in 2000, was followed by its sudden decline or even collapse after 2000. This will be the theme of part III of my essay on the rule of law. 🧵 **
PS 1 In case, you missed it, this is the short version of part I of my essay, focusing on the concept of the rule of law, with a link to it’s full version.
**
PS2 These are the links to the full substacks of part II of my essay: (1) substack.com/@valentinforuk…
(2) substack.com/@valentinforuk…
(3) substack.com/@valentinforuk… **
@P_O_Heinemann (I am not an international law expert, but still believe this is useful for people to see why it matters)
@RALupo @Private_Jens @mfphhh @lena4berger **
@threadreaderapp #unroll **
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More from @NitnelavGS
Oct 20
Giles Fletcher: Of the Russe Commonwealth, 1591
“poor people that are now oppressed with intolerable servitude” (ch. 5)
“The (...) form of their government is plain tyrannical, as applying to the behoof of the prince, and that after a most open and barbarous manner” (ch .7) 1/
“unmeasured liberty to command and exact upon the commons”
“both nobility and commons are but storers for the prince, all running in the end into the emperor’s coffers”
“any law (...) is ever determined of before any public assembly or parliament be summoned” (ch. 7)
“the emperors are content to make much of the corrupt state of the church (...) knowing superstition and false religion best to agree with a tyrannical state and to be a special means to uphold and maintain the same” (ch 7)
Read 19 tweets
Sep 18
So, I need to talk about this. Why asking a German President for reparations is utter nonsense. And why they are generally utter nonsense and would even damage Poland itself.
🧵
(1) A German President is a procedural figure without any entitlement to make any fundamental decisions. Negotiating with a German President is like negotiating with an English King. Absolute misunderstanding of the constitution. 2/x
(2) Reparations in general
I am aware that no reparations sum would be nearly enough to compensate for the suffering Germany has caused to Poland and its people. Despite this, reasonable thinking shows that no reparations should be paid. 3/x
Read 16 tweets
Jul 12
The ECHR judgment of July 9, 2025 Ukraine and the Netherlands vs russia
First ever international judicial sentence on the mass abduction of children 🧵
As mentioned before, the European Court of Human Rights has been established by the Council of Europe, a “European UN” which has been joined by all European states except Belarus and the Vatican. russia has no veto, but has been expelled with effect since Sep 16, 2022.
2/
ECHR judgments concern human rights violations (violations of the European Convention on Human Rights) by STATES and do not (as opposed to criminal courts) treat individual responsibility - though this judgment comes close by lining out actions of 🇷🇺 Maria Lvova-Belova + Putin 3/
Read 16 tweets
May 22
In today’s Z omelet, I will talk about German MP @Ralf_Stegner and a recent major scandal which still remains widely unnoticed by the German public: #Bakugate or the secret meetings between a German MP and Z officials. I ask European #NAFO to spread the word across Europe.🧵
Ralf Stegner is a SPD MP with a remarkable career. Until 2021 or the age of 61, he was only active on the level of a small German state (< 3 million people). When the former SPD MP of his electoral district Pinneberg resigned at age 68 in 2021, Stegner replaced him at over 60. 2/
This is in itself very remarkable. While the average age of German federal MPs is 47, most of them take their seat in their 30s and are then reelected many times. In fact, a younger SPD member was rivaling him for the seat candidacy, but Stegner was pushed over the line. 3/
Read 24 tweets
Apr 14
Wir brauchen uns nicht über MAGA aufzuregen, denn eigentlich knüpfen die USA da an, wo Deutschland (hoffentlich) aufgehört hat. Man denke an einen deutschen Außenminister, der eine NATO-Übung als “Säbelrasseln” bezeichnete und jetzt Bundespräsident ist. Und an Nord Stream... 1/
Korruption in der Medienlandschaft. Einer der Autoren arbeitet bei @DIEZEIT. Der Verlag erhielt Gelder aus der Gasbranche (S. 91), veröffentlicht Kommentare von Schröders Freunden (260f), hat dem Autoren einen Maulkorb auferlegt (377), aber alle Andromeda-Theorien verbreitet. 2/
Hinzu kommen der mit 600.000 € Oligarchen-Geld gekaufte Bericht von Hubert Seipel “Ich, Putin” im ÖRR (passim), Kooperationen in Handelsblatt und FAZ (91), Kontakte zwischen “V2”-Minister Schmidt und @WSJ, die zu neuen Andromeda-Märchen führen, um Taurus zu verhindern (365). 3/
Read 4 tweets
Mar 21
Weil selbst NAFO-accounts darüber zu diskutieren anfangen, muss ich mich zur Migration äußern. Ich habe mich nämlich mal ernsthaft damit beschäftigt. Manche scheinen zu meinen, man müsste nur einen Knopf drücken, und dann wäre irgendwie “alles gut”. Dabei ist es hochkomplex. 🧵
Erstmal muss man verschiedene Themen auseinanderhalten: 1. Binnenmigration innerhalb der EU 2. Reguläre Migration 3. Fluchtbewegungen und “irreguläre Migration” 4. Integration hier lebender Migranten und Migrantenkinder
2/
1. Die Binnenmigration ist in Deutschland kein großes Thema. Jeder weiß, dass ohne diese unter anderem keine einzige Baustelle, kein Lkw-Transport und kein Restaurant existieren würden.
In UK war dagegen die Binnenmigration der Hauptgrund für den Brexit! 3/
Read 40 tweets