When and Why the Doctrine of a “Rules-based International Order” Emerged

It is no understatement to say that the “rules-based international order” doctrine, as opposed to the “international order based on law,” emerged as one of the most debated concepts in global politics during in the late 20th and early 21st centuries. This concept presents a framework where general rules of conduct for states, though not 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 used by leading Western powers to justify their political positions and accuse strategic competitors of refusing to adhere to these “rules,” which they have deemed legally binding. Understanding the essence and origin of this doctrine is crucial in unravelling its significance.