• Main Themes
  • Criminal Process and International Crime
  • Highest Courts
  • Private Actors
  • Rule of Law
    • Background and Overview
    • Research Project: The Internationalisation of Rule of Law
    • The HRoLN
    • The Hague Journal on the Rule of Law (HJRL)
    • Innovative Rule of Law Initiative (IRI)
    • Hague Visiting Professor on the Rule of Law
    • Publications
    • Conferences and Seminars
  • Transnational Constitutionality
• Other Research Projects
• Fellowships and Visiting Chairs

Background and Overview

A research programme about national law in a global society cannot neglect the very real questions about the rule of law that have emerged over the past decades. What determines the way the rule of law is shaped, ‘spread’ and built? For the United Nations organisations and many governments, rule of law is connected with a variety of objectives, including post-conflict state-building, economic development and upholding human rights. In ‘developed’ countries where the rule of law has already been relatively firmly established, history shows that under certain circumstances maintaining the rule in irregular times remains a constant challenge. The rule of law is further seen as the foundation for an effective and stable international legal order, and the ‘rule-of-lawness’ of the conduct of states on the international level as well as of international organizations certainly can and should improve. Arguably, the interest of one state in the rule of law in other places of the globe is not a matter of ideology or of philanthropy (as far as rule of law aid is concerned) but rather a matter of a legitimate self-interest. These issues become more complex in view of the background of common global problems and the increasing inter-connectivity and inter-dependence of states on each other, and in light of issues such as transnational criminal activities, international terrorism and global financial crises. It is not surprising, then, that the notion of the rule of law is an important part of today’s discourse, which features increasingly on the agenda of international organisations, states and NGOs.

Within only a few years of existence, HiiL has acquired international recognition as an important actor in the rule of law field, by initiating a range of academic and other activities around this topic. Considering the highly-dispersed character of the field (as is widely recognised by the concerned actors), these activities to a large extent have focused on creating and /or enhancing contacts between rule of law practitioners and bridging the gaps between them and rule of law experts from academia. Furthermore, however, HiiL has initiated and facilitates major academic projects will enrich the understanding of the notion and contribute to the practice of establishing the rule of law.

Research Development

In April 2006, taking a bottom-up approach with a view to ascertaining which contribution the Institute could most effectively make to the rule of law debate - given its Research Programme -  HiiL convened a High Level Expert Panel consisting of key practitioners from states, international and non-governmental organisations, and from leading academic institutions. This has provided HiiL with a good understanding of the lay of the land and the manner in which the Institute may usefully make a contribution to resolving the important questions that have arisen. From this initial meeting, the Hague Rule of Law Network (HRoLN) emerged, which has since then held 3 additional annual meetings - most recently in April 2009. Additionally, HiiL’s First Law of the Future Conference was devoted to Further Conceptualization and Practical Progress on Building Coherent and Effective Rule of Law Programmes and Strategies, where members of the HRoLN constituted a large part of the speakers and participants. One idea which was raised and discussed in these meetings became reality in February 2009, with the launching of the Hague Journal on the Rule of Law (HJRL), the first academic journal devoted to the rule of law. Another idea from these meetings, the establishment of an (online) ‘Rule of Law Meeting Point’, is currently being developed.

Projects

On the academic research front, HiiL has initiated, (co)funded and continuously facilitates several cutting-edge rule-of-law-related research projects. The Measuring Access to Justice project is expected to achieve final results in August / September 2009. A new comprehensive international and interdisciplinary research project on the rule of law was launched in July 2009 under the title 'The Internationalisation of Rule of Law – Changing Contexts and New Challenges'.

In addition, the (newly launched in July 2009) Innovative Rule of Law Initiative (IRI) is a joint venture to develop and implement open innovation processes which can support rule of law innovation, as well as  innovative products and services that strengthen and improve the rule of law.

Contact Information

Morly Frishman
Research and Programme Officer
morly.frishman@hiil.org
+31 (0)70 3494 409