International Law in mutation. The «civilizing» test of the international rule of law (soft law of high or low density?) and the regime of the peace stabilization forces

Abstract

the turn of the millennium, different areas of the global society are deeply challenging the
international Law. Indeed, today with new factors altering the spatial, structural and regulatory dimension
of state and humans relations, at the domestic and at the international levels, the international order
remains in its crisis of identity. On the one hand, the predominance of liberal and non-formalistic systems
increases the distance between power, law and justice, while on the other hand, multilevel action is
encouraged and transparency and accountability are promoted. Within the framework of the United
Nations, while the topic of the Rule of Law has been proposed to mark the course of these changes and to
limit the new sovereign powers or action forums, there is no consensus either on its scope or on its legal
status. Rather, it is conceived as a «civilizing test» under certain structural principles or values: certainty,
predictability, transparency, accountability and respect for international humanitarian law and human
rights. In order to test such a purpose, it is proposed as a field of study that stabilization operations –and
their changing basic principles– should not only be in accordance with the principles of the Rule of Law,
but also contribute to their implementation in the countries or regions where they operate.