Global Agenda Council
on the Rule of Law
Issue Overview
In the search for solutions to issues that transcend national boundaries – climate change, trade,
marine conservation, illicit trade and human rights – decision-makers encounter an ever-growing
variety of initiatives. These often involve diverse actors and constituencies working on such
issues in place of, or in conjunction with, governments. The Global Agenda Council on the Rule
of Law refers to such initiatives as “coordinated governance”, as distinct from “coordinated
government”, which occurs purely between states and state regulatory bodies.
It is important that coordinated governance take place through a process that operates in
accordance with established guiding principles and fundamental norms, to ensure that the
resulting governance is broadly regarded as legitimate. The Council has adopted the four
defining rule of law principles developed by the World Justice Project:1
—— The government and its officials and agents are accountable under the law.
—— The laws are clear, publicized, stable and fair, and protect fundamental rights, including the
security of persons and property.
—— The process by which the laws are enacted, administered and enforced is accessible, fair
and efficient.
—— Access to justice is provided by competent, independent and ethical adjudicators, attorneys
or representatives and judicial officers who are sufficient in number, have adequate
resources and reflect the makeup of the communities they serve.
Individual principles of the rule of law (for example, transparency) have played a significant role
in cases where international problem-solving and reform have been discussed. Paradoxically,
the perceived inadequacies of multilateralism and international rule-making have fostered efforts
to tackle issues such as climate change through less formal and more ad hoc means, such as
coordinated governance initiatives.
We live in a fast-paced
world, but very often
even law can’t keep up
with what’s
happening.5
Sam Muller,
Director, Hague
Institute for the
Internationalization of Law,
Netherlands
Did You Know?
—— Austria ranks among the top 10 in all eight dimensions of the rule of law.2
—— More than 1.5 billion people live in countries affected by violence and insecurity. Conflict and
violence are major symptoms of the breakdown of the rule of law.3
—— South Africa has the best rule of law outcomes in Sub-Saharan Africa. The country ranks well
in most dimensions, including government accountability, effective regulatory enforcement
and access to justice, particularly when compared with countries at similar stages of
economic development.4
Further Resources
Calendar
“Global Agenda Council on the Rule of Law
Annual Report”. World Economic Forum:
http://reports.weforum.org/global-agendacouncil-2012/#view/global-agenda-council-2012/
councils/the-rule-of-law/, 2012
1-2 November 2012, Hague Institute for International
Law, Annual Law of the Future Forum, The Hague,
Netherlands
World Justice Project:
http://worldjusticeproject.org/
23-25 May 2013, University of Southern California
Global Conference, Seoul, Republic of Korea
8-11 July 2013, World Justice Forum, The Hague,
Netherlands
“United Nations and the Rule of Law”. United
Nations:
http://www.un.org/en/ruleoflaw/index.shtml
1
Agrast, Mark David, Botero, Juan Carlos and Ponce, Alejandro. “The World Justice Project Rule of Law Index® 2011”.
The World Justice Project, http://worldjusticeproject.org/rule-of-law-index/, 2011.
2
Ibid.
3
“Rule of Law: Building Peace through Justice and Security, Fast Facts”. UNDP, http://www.undp.org/content/dam/
undp/library/corporate/fast-facts/english/FF_Rule%20of%20Law_BCPR_2012.pdf, February 2012.
4
Agrast, Mark David, Botero, Juan Carlos and Ponce, Alejandro. “The World Justice Project Rule of Law Index® 2011”.
The World Justice Project.
5
Muller, Sam. “On Signposting the legal space of the future”. Law of the Future, http://www.lawofthefuture.org/233/
outreach/.
6
Khan, Irene. “Laws for the Planet: Using Law to Deliver Sustainability and Green Growth”. The Huffington Post, http://
www.huffingtonpost.com/irene-khan/laws-for-the-planet-using_b_1600360.html, 15 June 2012.
Irene Khan,
DirectorGeneral,
International
Development
Law
Organization,
Italy
Law does not equal
red tape; it need not
be an obstacle to
investment. Quite the
opposite: in the green
economy, law is an
economic enabler and
multiplier of success.6
Global Agenda Council
on the Rule of Law
Members
*Sam Muller, Director, Hague
Institute for the
Internationalisation of Law,
Netherlands
*David D. Caron, C. William
Maxeiner Distinguished
Professor of Law, University of
California, Berkeley, USA
Irene Khan, Director-General,
International Development Law
Organization (IDLO), Italy
Fatou Bensouda, Chief
Prosecutor, ICC-International
Criminal Court, Netherlands
*Juan Carlos Botero, Executive
Director, The World Justice
Project, USA
*Hassane Cisse, Deputy General
Counsel, Knowledge and
Research, World Bank,
Washington DC
*Michael Hwang, Chief Justice,
Dubai International Financial
Centre Courts, United Arab
Emirates
*Gregory Kehoe, Partner,
Greenberg Traurig LLP, USA
*Karimulla Akbar Khan, Director,
Legal and Constitutional Affairs
Division, The Commonwealth,
London
Philippe Sands, Professor of
Law, University College London,
United Kingdom
*Thomas B. Siebens, Partner,
Milbank Tweed Hadley & McCloy,
United Kingdom
Rachel Nicolson, Senior
Associate, Allens (AAR), Australia
*Natalie Rea, Founder and
Executive Director, International
Legal Foundation, USA
*Alfredo Romero, Partner, Rosich
Himiob Romero Law Firm,
Venezuela
*Confirmed participation in the Summit on the Global Agenda 2012
Council Insights
In November 2011, the Council set itself the goal of developing a
framework for analysing forms of coordinated governance, their
interplay with the rule of law, and the possible guidance such a
framework could provide in addressing the basic issues around
these initiatives. In the process, the Council plans to identify areas
and patterns of success or failure in coordinated governance
and the function of the rule of law in contributing to more positive
outcomes. A body of learning along these lines could help decisionmakers and reformers develop creative solutions to global problems
through coordinated governance informed by a rule of law ethic.
In anticipation of discussions at the World Economic Forum
Annual Meeting in Davos-Klosters, a paper was developed:
“Coordinated Governance as a New Model: The Concept, Its Value,
Its Relationship to Rule of Law and Global Problem Solving, and
the Global Agenda Council Work Plan”. This paper, in addition to
expanding on the definition of “coordinated governance” noted
above, distinguishes the coordinated governance approach from
two related areas: “promotion of the rule of law” and “global
problem-solving”.
The impact that the Council has had within the Network of Global
Agenda Councils is encouraging. Questions on governance and
elements of the rule of law were welcomed in the discussions
with other Councils at the 2011 Summit on the Global Agenda
in Abu Dhabi; a range of specific reform policies and initiatives
involving state and non-state actors was discussed. The Council’s
perspective has also influenced the creation of a rule of law working
group within the Professional Services Network (PSN) of the Forum.
Going forward, the Council will continue to focus on two specific
projects:
– a book with the working title of Coordinated Governance and
the Rule of Law: Designing Creative Solutions in a Complicated
World
– a joint project with the PSN that attempts to link corporate
sponsorship with specific projects aimed at improving the rule of
law machinery
Russia
Future of
Government
Latin
America
Africa
Social
Media
Robotics &
Smart
Devices
Rule of
Law
Ukraine
Oceans
Anti-Corruption
Arab
World
Human
Rights
Terrorism
Fragile
States
Organized
Crime
Contact Information
Research Analyst: Karen Wong, [email protected]
Council Manager: Andrea Wong, Senior Community Manager, Professional
Services, [email protected]
Forum Lead: Martina Gmür, Senior Director and Head of Global Agenda
Councils, [email protected]