The Bifurcation of International Law: Two Futures for the International Rule of Law

This short paper argues that in the next decades we are likely to see a fundamental separation in the form and contents of the international rule of law. In a sizeable, but relatively small group of states, international law transforms itself from its international roots and interconnects and mingles with national law. In these states, we see an integration of the international and the national rule of law. In many other (and indeed most) states, the international rule of law will essentially remain limited to the international level. This paper explores some of the consequences of this bifurcation for the system of international law and its impact on domestic law.