The process of legalisation after 1989 and its contribution to the international rule of law

The paper first places the concept of legalization in the context of the strive towards the international rule of law - framing it not so much as a random consequence of strategic moves on particular unrelated issue-areas, but as a goal in itself that is instrumental to the objective of an international rule of law. It then proceeds to a discussion of the question to what extent since 1989, we indeed have seen an increase in the legalization. For that aim, it provides a typology of indicators of legalization, distinguishing between the source of the instrument, its normative contents, and enforcement modalities. It then assesses on the basis of empirical information to what extent, and in particular in what ways we indeed can speak of a period of legalization after 1989. It reviews among other indicators, trends in the number of treaties since 1989, decisions of international organisations, dispute settlement arrangements, etcetera. In this context it also discusses some methodological pitfalls in making general statements on the process of generalization. It then proceeds to identify trends and briefly discusses explanations that have been offered in existing literature. It then focuses on what appears to be a power explanation, namely the degree of domestication of the international law. In that context, it explores trends in the substance of international law, as well as possible correlations with increasing receptiveness for international law at national level.