From April 22-25, 2026, the American Society of International Law will convene its 120th Annual Meeting with the theme, “Advancing and Defending The Rule of Law.”

Advancing and Defending The Rule of Law

The rule of law is a foundational concept and a precondition for a just world order. Today, it faces profound challenges that undermine international norms and standards, and multilateralism itself. Fundamental tenets of the United Nations Charter, the Universal Declaration of Human Rights, and other consensus-based instruments, including in trade and environmental law, are under threat. Core elements of the rule of law – including separation of powers, equality before the law, accountability, fairness in the application of the law, legal certainty and independent adjudication – are in jeopardy, even in some democracies, with far-reaching consequences.

The municipal and international manifestations of the rule of law are interdependent. As the United Nations Secretary General affirmed in 2023: “The rule of law is fundamental to lasting peace and security. It is the foundation for conflict prevention, peace-making, peacekeeping, sustaining peace and peacebuilding. It is essential for addressing injustices and inequalities that fuel conflict and for protecting civilians in crisis and post-conflict situations.”

One of ASIL’s constitutional goals is “to promote the establishment and maintenance of international relations on the basis of law and justice.” To pursue that goal in such critical times, the Society and all international lawyers need to consider difficult questions about the contemporary meaning of the rule of law. Should we alter how we define, implement, or protect the rule of law? How does resurgent authoritarianism challenge the rule of law? How should “every individual and every organ of society” defend and advance the rule of law, at home and abroad? What impacts are foreseen due to the proposed structural and financial changes at the UN and related international organizations, and cuts in funding for and other obstacles facing civil society? Should the private sector fill gaps via “corporate social responsibility”? Are we witnessing an inevitable divide in the rule of law between international and domestic levels?