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1 Hague J. on Rule L. 1 (2009)

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1


                              Editorial

               Introduction - A New Journal !



The rule of law has become a global ideal. It is supported by people, governments
and organizations around the world. It is widely believed to be the cornerstone of
national political and legal systems. It is also increasingly thought of as a funda-
mental principle of international relations and international law. In the 2005 World
Summit  Outcome   document, the heads of states and government of the world
agreed to recognize 'the need for universal adherence to and implementation of
the rule of law at both the national and international levels.' A year later, the United
Nations General Assembly adopted a resolution on 'the rule of law at the national
and international levels.' Few, if any, ideals have achieved such widespread accep-
tance and broad application.
   Nor has this enthusiasm been limited to meetings and discussions among lead-
ers and representatives of states. Since the late 1980s, many governments, local
and international non-governmental organizations, international organizations,
(multinational) corporations, law firms and private funds have actively been en-
gaged in promoting and  strengthening the rule of law, primarily at the national
level. They have tried to achieve legal change and reform by training judges, build-
ing court houses, introducing or amending constitutions and laws, and influenc-
ing the values of the general public. Estimates vary, but it is clear that annual
turnover in the rule of law industry exceeds a billion US dollars a year.
   The remarkable consensus on the importance of the rule of law conceals, how-
ever, important conceptual, political and strategic differences. Firstly, there are
conflicting views on the meaning of the rule of law. The rule of law is, indeed, a
paradigmatic example of what scholars often describe as a profoundly contested
concept. Secondly, promoters of the rule of law have a variety of objectives that
are not always easy to reconcile, including poverty alleviation, private sector devel-
opment, human  rights protection, democratization and geopolitical stability. And
thirdly, there are important strategic differences in the way promoters of the rule
of law seek to achieve their objectives, ranging from discrete changes to parts of
the legal system to a comprehensive overhaul of legal institutions and procedures.
   Diversity and disagreement would not be a cause for concern if people and
organizations knew what they were doing. Yet many practitioners, policy-makers

Hague Journal on the Rule of Law, 1: 1-4, 2009
O 2009 TM GASSER PRESS and Contributors          doi:10.1017/S1876404509000013

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