Corruption of Blood: The End of a Rules-Based World Order

Abstract

In its foreign policy, the US purports to found its actions on a “rules-based order”. What exactly comprises a rules-based world order is a matter of debate, but it must be founded on rules, which have certain properties. These properties arise from both the logic of rules and are to be found in legal decisions which consider the exercise of executive discretion. President Obama’s foreign policy executive orders in regard to Crimea “the Executive Orders” could not be described as being founded on a rules-based order and are profoundly at odds with classic US jurisprudence. However, modern US jurisprudence is itself in retreat from its constitutional high ground, despite formally acknowledging principles which underlie earlier decisions.