TY - JOUR
T1 - Performing the rule of law in international organizations
T2 - Ibrahim Shihata and the World Bank's turn to governance reform
AU - Van Den Meerssche, Dimitri
N1 - Publisher Copyright:
© Foundation of the Leiden Journal of International Law 2018
Copyright:
Copyright 2019 Elsevier B.V., All rights reserved.
PY - 2019/3/1
Y1 - 2019/3/1
N2 - In recent years, the academic field of international institutional law has taken a clear 'constitutional' turn. In this normative endeavour, liberal 'rule of law' ideals are being reinvigorated, translated and projected onto international organizations. This article trades this well-trodden path for a socio-legal inquiry into how the 'rule of law' is produced, practiced and performed in the everyday political and operational life of one specific international organization (the World Bank) during one contentious historical episode. To grasp what it means for 'law to rule', I argue, we need to expand our archives to the daily praxis of legality: the actors that embody it; the consciousness that drives it; the politics that rely on it; and the fragile institutional balances that give it meaning. Grounded in this pragmatist perspective, I retrace the intervention of legal expertise during the Bank's turn to state reform in the wake of the Cold War. Descending from principles to practices, from norms to acts, from abstract heights to situated performances, the article not only strives for an enhanced understanding of the 'rule of law' within the World Bank, but also aims at a critical methodological intervention in the field of international institutional law.
AB - In recent years, the academic field of international institutional law has taken a clear 'constitutional' turn. In this normative endeavour, liberal 'rule of law' ideals are being reinvigorated, translated and projected onto international organizations. This article trades this well-trodden path for a socio-legal inquiry into how the 'rule of law' is produced, practiced and performed in the everyday political and operational life of one specific international organization (the World Bank) during one contentious historical episode. To grasp what it means for 'law to rule', I argue, we need to expand our archives to the daily praxis of legality: the actors that embody it; the consciousness that drives it; the politics that rely on it; and the fragile institutional balances that give it meaning. Grounded in this pragmatist perspective, I retrace the intervention of legal expertise during the Bank's turn to state reform in the wake of the Cold War. Descending from principles to practices, from norms to acts, from abstract heights to situated performances, the article not only strives for an enhanced understanding of the 'rule of law' within the World Bank, but also aims at a critical methodological intervention in the field of international institutional law.
KW - governance
KW - international organizations
KW - performativity
KW - rule of law
KW - World Bank
UR - http://www.scopus.com/inward/record.url?scp=85060908097&partnerID=8YFLogxK
U2 - 10.1017/S0922156518000638
DO - 10.1017/S0922156518000638
M3 - Article
AN - SCOPUS:85060908097
SN - 0922-1565
VL - 32
SP - 47
EP - 69
JO - Leiden Journal of International Law
JF - Leiden Journal of International Law
IS - 1
ER -