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12 Kathmandu Sch. L. Rev. 1 (2023)

handle is hein.journals/kslr12 and id is 1 raw text is: Kathmandu School of Law Review (KSLR), Volume 12, Issue 1, 2023, pp 1-58 https://doi.org/10.46985/kslr.vl2il.2221 © KSLR, 2023 Decolonizing the Concept of Rule of Law in the Context of Cultural Diversity and Belt and Road Initiative Prof. Dr. Yubaraj Sangroula* Abstract It would not be unreasonable to argue that very little is left unsaid regarding the rule of law. Thousands of books and research works are published across the globe, arguing a multitude of theories and concepts in this regard. Academia worldwide has tiresomely grappled with defining the rule of law and establishing its conceptual framework, including the function's scope, but without much success. Colonisation of this concept by the Western scholarship is one of the serious problems faced by the essence of the rule of law. Western academia essentially connects the rule of law with liberal democracy as its mothery creator. It believes that rule of law walks in lockstep with Liberal democragi; hence, it argues that no other than liberal democracy can nurture the rule of law. Due to this reason, in many, academia has been sharpy divided between sections appreciating it as a boon to Liberal democracy and suspecting its congenital relation with it. Certain scholars claim that the rule of law is an offsping of Western liberalism. However, some view that the rule of law and Liberal democracy do not necessarily walk in lockstep. Certain critics have pointed out that the Western approach overlooks the cultural component of the rule of law. Going further ahead, they contend that the concept of the rule of law is often deceifully used by Western democracy as an instrument of encouraging influence on those having different political systems. Consequently, the concept of the rule of law, particularly in its connotation presented by Western scholars, has faced many critics, comments, and views. As a result, it has become academically vague, functionally deluded, and politically dubious. This article intends to examine the contending arguments and cultural elements of the rule of lawforpromoting the approach of decoloniZing the concept. Keywords: Rule of /an, Coloniation, BRI, Western liberalism. I. Introduction Legally, the concept of rule of law has become obscured, if not corrupted. It has often been used as a universal element of liberal democracy. Often, a conclusion is fallaciously and maliciously drawn that countries having no liberal democracy as a political system, lack the rule of law. Impliedly and arguably, it suggests that such countries are authoritarian or despotic. In this context, the concept of the rule of law is taken from the Western doctrines of constitutionalism and human rights. Furthermore, the rule of law, as often defined as a universal characteristic Prof. Dr. Yubaraj Sangroula is the Executive Director of Kathmandu School of Law. The author can be contacted at sangroula195@gmail.com. 1

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