that all people – rich or poor, powerful or weak – should respect the law and be
equal before the law. The ideal is expressed in different ways as a concept, value,
ideal, principle with a range of cultures going back at least as far as the riverine
civilization of Babylon. It has been developed to become a central ideal in systems
of protection against tyrannical power. The law is respected by all and applies
equally to all and entails that the highest officers of the state will be investigated
and prosecuted in the same courts of law, within the same jurisdiction, penal code
and procedure, and by the same judges, as anyone else. The rule of law is not only
a high ideal, but also a method of daily governance; it regulates the separation
and independence of the legislative, executive and judicial branches of power,
and as such it is a solid guardian against potential arbitrariness of rulers, against
temptation to abuse power and violate citizens’ rights. The ‘rule of law, not of
men’ elevates the law above the rulers, requires that every official obeys the rules,
and this supremacy of the law above the powerful and the rich of the day is crucial
in the fight against tyranny, corruption, criminality and is an indispensable part
of good governance. The rule of law demands that the laws are clear, consistent,
stable, accepted and known by all; that the institutions are transparent, accountable,
efficient and legitimate; that the tribunals are independent, impartial, unbiased,
and issues fair judgments.
However, if the rule of law ideal is generally understood and in many cases
established at the national level, at the international level the concept is still in its
infancy. However, there are many who want it to grow, mature and strengthen.
They have been boosted by the 2005 declaration of the United Nations General
Assembly supporting not only the rule of law in domestic affairs but the rule
of law in international affairs. The United Nations and its University have
been particularly active in pursuing this agenda. In 2006, Nicolas Michel, then
United Nations General Counsel and Under Secretary-General for Legal Affairs
approached Ramesh Thakur, then Senior Vice Rector of the United Nations
University (UNU), about the best ways to promote the international rule of law.
Ramesh and I contacted Charles Sampford, a distinguished international lawyer
and Director of the Institute for Ethics, Governance and Law (IEGL) established
as a joint initiative of the UNU and Griffith University at his instigation in
2004. Sampford prepared a range of proposals and we determined the scope and
methodology of how to pursue this project.