Search

Begin New Search Topic Rule of Law Content Type Working Paper Publication Year within 5 Years Publication Year within 25 Years

1. A battle against time – and against Putin’s Russia

Author:
Erwan Fouéré
Publication Date:
02-2024
Content Type:
Working Paper
Institution:
Centre for European Policy Studies (CEPS)
Abstract:
With Putin’s war against Ukraine about to enter its third year, the EU’s enlargement policy remains at the top of its foreign policy priorities, with the focus being on both Ukraine and Moldova. This is following the European Council’s decision to open accession negotiations with both countries. But where does this leave the countries of the Western Balkans and their very long journey towards the EU which began over 20 years ago? Will these countries’ hopes for much needed political momentum in their accession prospects be fulfilled during 2024, despite the repeated delays and the EU’s failure to respect its commitments to the region over the past few years? With elections taking place across Europe offering fertile ground for Russia to deploy its arsenal of disinformation tactics, time is not on the EU’s side. To counter Russian attempts to influence developments in the region, as well as to reverse the dangerous trend of backsliding in democratic and rule of law reforms, the EU will need to adopt a more robust, consistent and determined approach towards the Western Balkans. Without any further delay, it needs to set out a much needed geopolitical and security direction for its enlargement policies in the Western Balkans.
Topic:
Security, European Union, Democracy, Geopolitics, Rule of Law, Regional Integration, and Russia-Ukraine War
Political Geography:
Europe, Ukraine, Moldova, and Balkans

2. India’s personal data protection act and the politics of digital governance

Author:
Stephen Weymouth
Publication Date:
05-2023
Content Type:
Working Paper
Institution:
Atlantic Council
Abstract:
India recognizes the importance of establishing policy foundations for digital commerce, as cross-border data flows are essential to firms in all sectors, not just in technology. In manufacturing, three dimensional printing and robotics are revolutionizing production processes. Agriculture is benefiting from sensors and analytics, which optimize crop yields and resource usage. Healthcare is being transformed by electronic medical records, health information exchanges, and algorithms that analyze patient data and detect illness. Financial services are using blockchain technologies and AI to enable faster and more secure transactions. All industries rely on electronic payments, data analytics, and cloud storage to streamline various processes. With customers located worldwide, cross-border data flows are the byproduct of digital transactions. Data privacy frameworks can facilitate these flows by building consumer trust, thereby unlocking innovation and efficiency in all sectors. Given the significance of cross-border data flows to its economy, India has actively engaged in multilateral and bilateral discussions on digital trade governance. It is a member of the Quadrilateral Security Dialogue (Quad), a strategic forum comprising the United States, Japan, India, and Australia, a possible venue for coordination on digital governance. India has also joined the Indo-Pacific Economic Framework (IPEF), a US-led framework for economic cooperation which will facilitate conversations seeking “high-standard rules of the road in the digital economy, including standards on cross-border data flows and data localization.” The US-India Initiative on Critical and Emerging Technologies (iCET), launched by Indian Prime Minister Narendra Modi and US President Joe Biden during the Quad summit in May 2022, presents an opportunity to build India-US trade ties through an industry-focused agenda. Finally, India and the United States have launched a new bilateral Defense Industrial Cooperation Roadmap to accelerate technological cooperation. This issue brief delves into the politics of India’s evolving digital governance, focusing on the draft Digital Personal Data Protection Bill of 2022 (DPDPB). The DPDPB aims to balance the interests of Indian consumers seeking enhanced privacy and data security against the business need for unconstrained data flows. The government’s responsive approach to stakeholder feedback on previous versions of the bill indicates that achieving these goals is feasible. However, concerns persist about ambiguities surrounding data transfers and institutional arrangements that exempt the government from complying with the law in ways that may encourage surveillance and censorship of opposing viewpoints.
Topic:
Economy, Business, Rule of Law, Data, and Data Governance
Political Geography:
South Asia and India

3. Triggering the Rule-of-Law Conditionality Mechanism against Hungary

Author:
Veronika Jóźwiak
Publication Date:
03-2023
Content Type:
Working Paper
Institution:
The Polish Institute of International Affairs
Abstract:
The mechanism that makes the payment of funds from the EU budget conditional on compliance with the principles of the rule of law is the newest instrument for protecting the Union’s financial and political interests. The tool allows the European Commission and the EU Council (Council) to exert influence on Member States that violate the fundamental principles of the Community. Triggering it against Hungary might result in a reduction of EU funds to the country as a consequence of rule-of-law violations for the first time in EU history. It is doubtful, however, that this will lead to systemic changes in Hungary.
Topic:
European Union, Rule of Law, European Commission, and Regional Politics
Political Geography:
Europe and Hungary

4. Population density and governance in Africa

Author:
Pranish Desai
Publication Date:
10-2022
Content Type:
Working Paper
Institution:
Afrobarometer
Abstract:
Across Africa, denser populations are associated with less confidence in institutions and the rule of law. What does that mean for the world’s fastest-urbanising continent?
Topic:
Governance, Population, Urbanization, and Rule of Law
Political Geography:
Africa

5. After Russia’s invasion of Ukraine: Unity is good, but ambition is better

Author:
Sophie Pornschlegel and Ilke Toygür
Publication Date:
06-2022
Content Type:
Working Paper
Institution:
European Policy Centre (EPC)
Abstract:
In view of the volatile geopolitical environment, EU leaders no longer have the luxury of waiting for all 27 member states to find a consensus. In order to lead the way to a Union that is apt for future challenges, the EU should become more ambitious and embrace alternatives, such as differentiated integration, in the coming months and years. Rather than returning to the status quo ante, the EU should use this momentum to progress in five policy fields: economic governance, with a new recovery package and a reform of the fiscal rules; security and defence, with improved EU–NATO cooperation and a stronger ‘European pillar’; energy policy, by quickly steering member states away from dependence on Russian fossil fuels while simultaneously ensuring admissible energy prices for consumers and respecting the climate targets; enlargement and neighbourhood policy, by rethinking its aims and creating options for countries that are unlikely to become EU members in the foreseeable future; and the rule of law, to safeguard the Union’s values ‘at home’. Both the COVID-19 pandemic and the Russian invasion revealed that the EU institutions and leaders are capable of managing crises swiftly and decisively. This reality certainly increases its legitimacy in the eyes of its citizens as well as its allies. The European Union could use this moment of change to increase its ambition for reforms and for moving European integration forward. This should encourage leaders to think about all the options for designing the Union’s future. This is not a time for black and white thinking – Treaty change or nothing –, but rather a time to explore all the shades of grey for securing necessary reforms. If like-minded countries could lead the way, others may also follow. The changing and evolving positions in the EU could help secure more inclusive alliances for moving forward. The political momentum to do so is finally here.
Topic:
Security, Energy Policy, European Union, Geopolitics, Economy, Rule of Law, Regional Politics, and Russia-Ukraine War
Political Geography:
Russia, Europe, and Ukraine

6. What should the EU do about Hungary’s illiberal turn?

Author:
Perle Petit
Publication Date:
11-2022
Content Type:
Working Paper
Institution:
European Policy Centre (EPC)
Abstract:
Since 2010, Hungary’s government has followed a clear and deliberate trajectory away from EU democratic principles, turning the country into the first illiberal state in the Union. Before Russia invaded Ukraine in February 2022, Hungary’s illiberal turn remained relatively self-contained at the national level. Since the start of the war, however, this illiberalism has spread to the international arena, dramatically impeding EU institutional decision-making processes. Despite the urgency of the matter, the EU’s failure to address the country’s democratic decline has been evident. The EU institutions need to address the national and international impact of Hungary's flouting of democratic norms by proposing both short- and long-term solutions. To do so, the institutions should take the following actions: The EU Commission should stand fully behind the triggering of the rule of law conditionality mechanism against Hungary and insist that the country implements all proposed remedial measures in a legislatively binding way. A periodic review system must be put in place to avoid any reversal of these measures or manipulation of independent public bodies in the coming years. The rule of law conditionality mechanism should be triggered against other infringing countries, to demonstrate a zero-tolerance approach to democratic backsliding. The suspension of EU funds should be harmonised across different funding schemes. In this way, the Commission can avoid becoming compromised by disconnected conditionality mechanisms. Increased capabilities and powers should be conferred to independent EU organisations, such as the European Anti-Fraud Office and the European Public Prosecutor’s Office. These should review the strength of democratic institutions in backsliding countries and provide recommendations for reform. The institutions should look into the regional disbursement of EU budgets, bypassing central governments to allocate funds on a regional basis. The Council should consider replacing the unanimity rule with qualified majority voting to render EU decision-making processes more effective and to prevent single member states from holding EU decisions ‘hostage’. As Hungary’s leadership shows no signs of changing course, the EU should change tactics to actively preserve and protect democracy within its borders. The EU institutions should use the full toolbox at their disposal to halt Hungary’s illiberal turn, restore the independence of democratic institutions, and take long-term steps to prevent any further backsliding within the Union.
Topic:
European Union, Rule of Law, European Commission, Illiberalism, and Viktor Orbán
Political Geography:
Europe and Hungary

7. Corruption and crisis: do institutions matter?

Author:
Shrabani Saha and Kunal Sen
Publication Date:
03-2022
Content Type:
Working Paper
Institution:
United Nations University
Abstract:
While the short-term effects of the COVID-19 pandemic on lives and livelihoods are well understood, we know little about the effect of the pandemic for longer-term outcomes such as corruption. We look at the historical data on political and economic crises to assess what we can learn from the long-term effects of past crises on corruption. We hypothesize that strong rule of law institutions may ameliorate the possible adverse effects of political and economic crises on corruption. We test our hypotheses using panel data for over 100 countries during the years 1800– 2020. The results suggest heterogeneous effects depending on the type of crisis and how we measure it. We find that rule of law institutions can control corruption in cases of political violence and economic slowdown, but the effect is not seen for democracy breakdowns, coups, armed conflict and civil war, and economic crisis such as currency and debt crisis.
Topic:
Corruption, Politics, Rule of Law, Institutions, Data, COVID-19, and Economic Crisis
Political Geography:
Global Focus

8. Non-Consensual Intimate Image Distribution: The Legal Landscape in Kenya, Chile and South Africa

Author:
Michelle Bordachar, Nonhlanhla Chanza, Kailee Hilt, Carlos Lara, Emma Monteiro, and Grace Mutung'u
Publication Date:
06-2021
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
The non-consensual distribution of intimate images, colloquially referred to as “revenge pornography” or “image-based sexual abuse,” is an unforgiving reality that continues to plague the lives of many within the current digital landscape. It alludes to the non-consensual distribution of photos or videos depicting nudity, partial nudity or sexually explicit acts. This paper provides an overview of the state of the law, both existing and proposed, in three countries in the Global South — Kenya, Chile and South Africa — as it relates to the non-consensual distribution of intimate images. It was prepared under the overall coordination of CIGI’s Kailee Hilt and Emma Monteiro, who also wrote the introduction and conclusion. The three case studies were written by leading experts from Kenya, Chile and South Africa. The authors discuss current and proposed legislation in response to non-consensual intimate image distribution, while also sharing recommendations for further action to address this growing form of gender-based violence within the digital sphere. On June 24, 2021, CIGI held a panel discussion on this topic moderated by Ruhiya Seward, senior program officer at the International Development Research Centre. Grace Mutung’u, Michelle Bordachar and Nonhlanhla Chanza, experts who contributed the case studies in the paper, spoke about this issue as it pertains to Kenya, Chile and South Africa, respectively, and offered recommendations and road maps for further action within the existing landscape.
Topic:
Rule of Law, Sexual Violence, Judiciary, Digital Culture, and Digitization
Political Geography:
Kenya, Africa, South Africa, South America, and Chile

9. Paraguay's Compliance With The Inter-American Human Rights System

Author:
Aníbal Pérez-Liñán, Madeline Soiney, and Andrés Hernández
Publication Date:
12-2021
Content Type:
Working Paper
Institution:
Kellogg Institute for International Studies
Abstract:
Why do new democracies comply with international human rights obligations? We analyze Paraguay’s compliance with all reparation measures requested by the Inter-American Human Rights System over the past two decades. In contrast to most studies, which focus on reparation measures ordered by a single organ in the system, our study covers all orders resulting from friendly settlements, reports published by the Inter-American Commission on Human Rights, and rulings by the Inter-American Court of Human Rights. We provide a novel classification of human rights cases, and evaluate three competing explanations for compliance: legal factors, international pressures, and domestic political will. Our analysis of 1,426 reparation-years underscores the importance of changes in political will over time.
Topic:
Human Rights, Democracy, Rule of Law, and Institutions
Political Geography:
Latin America, Paraguay, and Global Focus

10. The EU-Turkey Visa Liberalization Saga: Lessons from the European Neighborhood

Author:
Ioannis N. Grigoriadis and Ayşe Tuba Uslu
Publication Date:
06-2021
Content Type:
Working Paper
Institution:
Hellenic Foundation for European and Foreign Policy (ELIAMEP)
Abstract:
This policy paper co-authored by Ioannis Grigoriadis, Senior Research Fellow of ELIAMEP and Head of its Turkey Programme, and Ayşe Tuba Uslu, Senior at the Department of International Relations of Bilkent University, lays out the main challenges for the successful conclusion of the Visa Liberalization Dialogue (VLD) between the European Union and Turkey. It examines the impact of democratic backsliding, the decline of the rule of law, fundamental rights and divergence in the legal framework regarding organized crime and anti-terrorism on the VLD and highlights the mistrust that has developed between the parties. Through a comparison between Ukrainian, Georgian, Moldovan and Turkish VLDs, it aims to highlight how the VLD could come to a successful conclusion.
Topic:
Human Rights, Migration, Rule of Law, Visa, and Liberalization
Political Geography:
Europe, Turkey, Ukraine, Moldova, Middle East, Georgia, and Mediterranean

11. Public Administration in the era of Covid-19: Policy Responses and Reforms underway

Author:
Manto Lampropoulou
Publication Date:
06-2021
Content Type:
Working Paper
Institution:
Hellenic Foundation for European and Foreign Policy (ELIAMEP)
Abstract:
Covid-19 has caused an unprecedented shock to the state apparatus and has triggered major reforms in the administrative system of Greece. Policy responses to the pandemic have brought about several positive changes towards the modernization and de-bureaucratization of public administration. However, the pace and scale of change vary significantly. The pandemic has acted as a strong driver for the digital transformation of the public sector and the strengthening of e-government policies. Numerous administrative procedures were streamlined, digitalized and simplified, working conditions have become more flexible and several improvements have taken place in service delivery and state-citizen relations. The observed centralisation of decision-making and the often use of fast-track procedures have raised questions of democratic control, transparency and the rule of law, while the emergency measureshave been criticized for the threats they pose for the protection of citizens’ rights, individual liberties and personal data. A key challenge remains the integration the emergency measures of the covid-19 policy agenda into a longer-term programme of administrative reform in the post-covid era.
Topic:
Reform, Democracy, Rule of Law, Public Policy, Transparency, COVID-19, and Digital Policy
Political Geography:
Europe and Greece

12. Zuma Goes to Jail: Implications for Rule of Law, Democracy, and Governance in South Africa

Author:
Peter SAKWE MASUMBE
Publication Date:
12-2021
Content Type:
Working Paper
Institution:
The Nkafu Policy Institute
Abstract:
There is a great silver lining in the quest for popular confidence in applying the rule of law, democracy, and governance processes in Africa’s politico-economic and socio-cultural landscapes, despite several setbacks occurring in several African countries today. In South Africa, the Constitutional Court recently found former president Zuma guilty of contempt of court and landed him a 15-month prison sentence, which is irrefutably a historic judgment in the annals of African politics. This judgment is loaded with several lawful and legitimate inferences for the continent’s democracies, rules of law, governances, and leadership. But can this judgment deter other African political leaders and apparent heavyweights in the governing processes from impunity? No matter the answer to this question, this judgment serves to remind Africans that human development in terms of applying democratic principles in the continent is gaining ground through the judiciary. Therefore, the African Union, with its Malabo’s Protocol and its envisaged creation of an African Court of Justice, reminiscence of the International Court of Justice, should re-examine itself, especially in the Protocol’s clause, which provides immunity to serving or former heads of state. This historical judgment pronounced by Acting Chief Justice Sisi Khampepe, signifies, in his words, “…A mission to share knowledge, rules of governance and democracy, in a lofty and lonely work of the judiciary, as an independent arm of government, impervious to public commentaries, and political rhetoric, to uphold and apply the Constitution and the law, no matter whose guts it is.” Ostensibly, in Africa, hardly has a court lower or higher, passed a safeguarding sentence, still less on a former president – civilian or military; whose governance was serenely investigated and found wanting. Necessarily, this judgment is unique, which an African court had to make, as deterrence to other African leaders.
Topic:
Civil Society, Democracy, Rule of Law, and Illegal Behavior
Political Geography:
Africa and South Africa

13. History and identity should not blight the EU’s enlargement policy towards the Western Balkans

Author:
Erwan Fouéré
Publication Date:
05-2021
Content Type:
Working Paper
Institution:
Centre for European Policy Studies (CEPS)
Abstract:
The EU must reject any attempt to introduce notions of history and identity into its enlargement policy. Otherwise it risks trampling on its 70 years of experience in overcoming the legacy of the past and promoting a peace project based on reconciliation and the rule of law. Yet this is precisely what is happening with Bulgaria’s veto against the opening of EU accession negotiations with North Macedonia. In March of last year the European Council gave the green light for the opening of accession negotiations with Albania and North Macedonia. A date for the first intergovernmental conference to formally launch the negotiations with both countries remains – unfortunately, out of sight.
Topic:
History, European Union, Rule of Law, Regional Integration, Identity, and Regional Politics
Political Geography:
Europe, Bulgaria, Balkans, Albania, and North Macedonia

14. Detecting the Ideological Position of Political Islam Towards Liberal Democracy in Muslim Countries

Author:
Nikola Gjorshoski and Goran Ilik
Publication Date:
01-2020
Content Type:
Working Paper
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
The question of the correlation between Islam, political Islam, and liberal democracy has so far been the most exposed topic in exploring the democratic capacity of political Islam and Islamic societies in general. What is particularly intriguing about the relationship between political Islam and liberal democracy is the fact of its westernized triviality that has received a pejorative tone in Islamic political circles. Simplified, the triviality of liberal democracy for the Islamic political campus implies imposing a model of democracy that cannot be fully compatible with the original Muslim notion of society and government. Hence, the following paper analyzes exactly the relations of political Islam to specific inherent categories of liberal democracy such as the rule of law, representative government, the separation of powers, and secularism as diferenta specifica of liberal western democratic discourse. Through the methods of induction and deduction, the author will illustrate how appropriate tangent or divergence is illustrated and how this is reflected in the general ideological positioning of political Islam towards liberal democracy in Muslim countries through an axiological and praxeological perspective.
Topic:
Democracy, Rule of Law, Islamism, Liberalism, Secularism, and Sharia
Political Geography:
Middle East, North Africa, and Global Focus

15. Sustainable Energy through Green bonds in India

Author:
Olaf Weber and Vasundhara Saravade
Publication Date:
07-2020
Content Type:
Working Paper
Institution:
Gateway House: Indian Council on Global Relations
Abstract:
India’s energy future needs to be low-carbon, climate-resilient and protected against price fluctuation. It can meet these needs by investing in Canadian oil companies, given the country’s political stability and rule of law. India can also attract greater foreign direct investment at home through the issuance of green bonds, a climate finance debt instrument that addresses environmental and climate-related challenges. This paper explores the regulatory perspective of the green bond market.
Topic:
Climate Change, Energy Policy, Foreign Direct Investment, Rule of Law, and Renewable Energy
Political Geography:
South Asia, Canada, India, and North America

16. The Impact of Disintegration Dynamics on EU Trade Policy: An Institutional Analysis

Author:
Konstantinos J. Hazakis
Publication Date:
12-2020
Content Type:
Working Paper
Institution:
Centre for Global Political Economy, University of Sussex
Abstract:
Safeguarding access to international markets requires an effective EU international trade policy. Equally important, preserving an open, rules-based world trading system presupposes strong EU capability as well as consensus of EU states on the scope and targets of EU international trade policy. The paper presents a policy oriented analytical framework of EU international trade policy taking into consideration the impact of disintegration dynamics and emerging trade protectionism. Initially, the analysis sets the problem while section two offers the major tenets of the politicization of EU international trade policy. Section three presents the key arguments of the institutional analysis on the issue while section four analyses the content of an alternative policy framework for understanding disintegration - EU trade policy interaction. Section five concludes and reaches useful policy implications. It is suggested that there is a need for more Europe on international trade meaning enhanced, effective and inclusive EU trade institutional action.
Topic:
International Trade and Finance, European Union, Global Markets, Rule of Law, and Trade Policy
Political Geography:
Europe

17. From Words to Deeds: Upholding the Rule of Law in the CEE Region

Author:
Camille Dobler
Publication Date:
09-2020
Content Type:
Working Paper
Institution:
EGMONT - The Royal Institute for International Relations
Abstract:
With ongoing discussions on rule of law conditionality, and with the European Commission first Annual Rule of Law Report due soon, the focus on the rule of law is back at the top of the EU political agenda this autumn. As eyes turn to the latest political developments and threats to core EU principles and values in Central and Eastern Europe (CEE), this policy brief suggests switching from a top-to-top perspective to a societal approach to uphold the rule of law. This would go beyond recommendations to cleanse the rule of law toolbox from inefficient political instruments, and strengthen legal ones. In addition to introducing conditionality, this brief advocates for more active support of local civil societies in exercising their democratic prerogatives over electoral and representative democracy.
Topic:
Civil Society, International Cooperation, International Law, European Union, and Rule of Law
Political Geography:
Europe

18. Poisoned heritage for the new Commission: The rule of law question

Author:
György Fóris
Publication Date:
12-2019
Content Type:
Working Paper
Institution:
European Policy Centre (EPC)
Abstract:
The rule of law issue is not going anywhere anytime soon. The Polish and Hungarian governments will likely remain in power for years. Czech, Croat and some Romanian leaders seem impressed and ready to follow the paths Kaczyński and Orbán have paved. And Italy might not have seen the last of Matteo Salvini. Member states that increasingly question, ignore, or even attack previously agreed-upon policies, political priorities or common principles are becoming a regular occurrence within the Union, one that the new Commission will have to deal with. In this Discussion Paper, György Fóris finds that in an increasingly politicised Union, the design of the current rule of law mechanism is lacking. He argues it cannot function effectively on legal grounds alone as long as the existing Treaty foundations remain ambiguous and the final decision is taken at the political level, where it is the Council and not the Commission that is the decisive player. So the von der Leyen Commission will face a difficult choice: either try to live with all of the formal members of the Union, listening to and mediating between them, while continuing to defend the rules and values that were entrusted to it as the Guardian of the Treaty and thus preserve the EU’s unity. Or, take sides and lead an open political fight against those who seem to weaken the previously agreed interpretation of fundamental European rules and principles. Fóris, however, offers a third option: While not giving up on unity, likeminded and willing EU countries could intensify their level of cooperation, while formally retaining all parties within the framework of a larger (and looser) Community.
Topic:
Treaties and Agreements, European Union, and Rule of Law
Political Geography:
Europe, Poland, Romania, Hungary, Croatia, and Czech Republic

19. Tyrannies of Majorities: A Conceptual Reassessment

Author:
Andreas Schedler
Publication Date:
12-2019
Content Type:
Working Paper
Institution:
Kellogg Institute for International Studies
Abstract:
Since the invention of modern democracy, political theorists as well as practitioners have alerted us against the dangers of “majoritarian tyrannies,” whose substantive meaning, however, remains unclear and controversial. Many have also alerted us against the dangers of such alerts serving as rhetorical cover for antidemocratic elites. In this twin exercise of conceptual explication and reappraisal, I intend to both clarify the meaning and reevaluate the political role of the idea of majoritarian tyrannies. In the main part of the paper, I elucidate their internal structure and variance by discussing three logical presuppositions: (1) the performance of tyrannical acts, (2) the exclusive targeting of minorities, and (3) collective action by the majority. In the final part, I propose to revalue the concept as an instrument of horizontal accountability among citizens. Antipopulist rather than antidemocratic in nature, it allows the losers of majoritarian decisions to call their fellow citizens to account for the injustices they engender.
Topic:
Human Rights, Culture, Democracy, Citizenship, and Rule of Law
Political Geography:
Global Focus

20. The Rule of Law: A Critical Building Block for Good Governance and Economic Growth

Author:
Conor M. Savoy
Publication Date:
06-2019
Content Type:
Working Paper
Institution:
Center for Strategic and International Studies
Abstract:
The rule of law plays a critical role in the functioning of a well-governed, stable country. Not only does it help to provide transparent and accountable governance and protection of minority and human rights, it is also necessary to create the conditions for private sector-led growth, job creation, and attracting foreign investment. It should come as no surprise that five of the eleven indicators used by the World Bank in its annual Doing Business report are related to the strength of legal institutions; without strong, impartial legal institutions and respect for the rule of law, private sector actors—local and foreign—cannot make the investments needed to grow economies and create employment opportunities.1 Rule of law, though, remains an area of limited investment by donors. Part of this stems from an overall lack of attention on good governance, but it also comes from a sense that genuine reform requires significant involvement in local politics, which is something that many donors have traditionally sought to avoid. There does, however, seem to be a window of opportunity to reexamine good governance and, by extension, the rule of law. Since the adoption of the Sustainable Development Goals (SDGs) in 2015, there have been several shifts that have created such an opening. First, the SDGs included Goal 16: Peace and Security that explicitly endorsed the need for good governance, rule of law, and strong institutions. SDG 16 represents a strong commitment on the part of the international community to supporting the creation of transparent and accountable governing institutions. Second, the 2015 Financing for Development conference held in Addis Ababa elevated the importance of domestic resource mobilization and private sector investment in creating sustainable sources of development finance.2 While strong rule of law is not sufficient on its own to mobilize these two pools of capital, it is necessary to ensure that countries can effectively utilize their own resources and investors can commit private capital securely. Third, USAID has launched a new policy framework called the Journey to Self-Reliance, which seeks to move developing countries along a path toward sustainability and off foreign assistance.3 Critical to USAID’s Journey to Self-Reliance is a country’s commitment and capacity—two areas that will require significant strengthening of governance and rule of law.
Topic:
Human Rights, Governance, Economic Growth, and Rule of Law
Political Geography:
Global Focus