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My thanks to Simon Chesterman, Joseph Crampin, Kristin Hausler, Jeffrey Jowell, Penelope Simons and Lise Smit, as well as my colleagues at the British Institute of International and Comparative Law, especially in the Bingham Centre for the Rule of Law, for all their insights and constructive ideas.
The rule of law is like the law of gravity. It is the rule of law that ensures that our world and our societies remain bound together and that order prevails over chaos. It unites us around common values and anchors us in the common good. But unlike the law of gravity, the rule of law does not arise spontaneously. It must be nourished by the continuing and concerted efforts of real leaders.1
The rule of law is not like gravity. Gravity has a hard scientific definition and physics calculation.2The definition of gravity attempts to describe something that exists in the real world--across the whole Earth--with its validity depending upon its explanatory force of the physical world.3In contrast, the rule of law seeks to describe and stipulate a set of principles of a system that does not yet exist fully in any location but which is sought to be attained. At an international level, the rule of law is often dismissed as being far distant from any compliance pulling force.4So the international rule of law might need to defy gravity5to make its principles globally applicable.
The UN Secretary-General made the statement above during the discussion at the United Nations (UN) that led to the adoption of the Declaration on the Rule of Law at the National and International Levels 2012.6There were 40 speakers there talking about the rule of law.7All were in favour of the rule of law. Most talked about the rule of law within their national legal systems and made passing reference to any international aspect of the rule of law. None set out a clear definition of the international rule of law. As a consequence, despite the 42 well-crafted paragraphs of the Declaration, there is no single clear definition provided of what constitutes the 'international rule of law'. This is consistent with the scholarly literature, which is replete with use of...