International Law vs. Rules-Based International Order

Attribute	International Law	Rules-Based International Order
Definition	Set of rules and norms governing relations between states	Framework of rules and institutions that promote cooperation and peaceful resolution of disputes
Enforcement	Relies on state compliance and international institutions	Enforced through international organizations and agreements
Scope	Applies to states and some non-state actors	Broader scope including economic, political, and security aspects
Origin	Evolved over centuries through treaties and customary practices	Developed in the aftermath of World War II to prevent conflict and promote cooperation
Flexibility	Can be adapted and modified through new treaties and agreements	Allows for adjustments to address changing global challenges

Introduction

International law and rules-based international order are two concepts that are often used interchangeably, but they have distinct attributes that set them apart. While international law refers to the body of rules and principles that govern the relations between states, rules-based international order encompasses a broader framework that includes not only legal norms but also informal rules, norms, and institutions that guide international behavior.

Attributes of International Law

International law is a set of rules and principles that govern the conduct of states in their relations with each other. These rules are derived from treaties, customary international law, and general principles of law recognized by civilized nations. International law is binding on states and provides a framework for resolving disputes and promoting cooperation among nations.

• Binding nature: International law is binding on states and creates legal obligations that must be followed.
• Enforcement mechanisms: International law relies on states to enforce its rules, often through diplomatic means or international institutions.
• Adaptability: International law can evolve over time through the development of new treaties and customary practices.
• Universality: International law applies to all states equally, regardless of their size or power.
• Legal certainty: International law provides a predictable framework for states to conduct their relations and resolve disputes.

Attributes of Rules-Based International Order

Rules-based international order goes beyond the traditional concept of international law to encompass a broader framework of rules, norms, and institutions that guide international behavior. This framework is based on the idea that states should adhere to certain rules and norms in their interactions with each other to promote stability, cooperation, and peace.

• Norms and principles: Rules-based international order is guided by a set of norms and principles that shape state behavior and interactions.
• Institutions: Rules-based international order relies on international institutions such as the United Nations, World Trade Organization, and International Monetary Fund to promote cooperation and resolve disputes.
• Informal rules: In addition to formal legal norms, rules-based international order includes informal rules and norms that shape state behavior in areas such as diplomacy, trade, and security.
• Multilateralism: Rules-based international order emphasizes the importance of multilateral cooperation and collective action to address global challenges.
• Flexibility: Rules-based international order allows for flexibility in adapting to changing circumstances and addressing new challenges.

Comparison

While international law and rules-based international order share some similarities, such as the importance of rules and norms in guiding state behavior, they also have distinct attributes that set them apart. International law is primarily concerned with legal rules and obligations that are binding on states, while rules-based international order encompasses a broader framework of rules, norms, and institutions that shape state behavior in a more holistic way.

International law relies on formal legal mechanisms, such as treaties and customary practices, to create binding obligations on states, while rules-based international order includes both formal and informal rules that guide state behavior in various areas of international relations. International law is focused on resolving disputes and promoting cooperation among states through legal means, while rules-based international order emphasizes the importance of institutions and norms in promoting stability and cooperation among nations.

Overall, while international law and rules-based international order are closely related concepts, they have distinct attributes that make them unique. International law provides a legal framework for states to conduct their relations and resolve disputes, while rules-based international order encompasses a broader framework of rules, norms, and institutions that guide state behavior in a more holistic way.