listado de notas - uam.es · pdf file*ortiz cirugeda, jose manuel-parra vela, elena-pereira...

1 Background Paper: Overview on the Rule of Law and Sustainable Development for the Global Dialogue on Rule of Law and the Post‐2015 Development Agenda Louis‐Alexandre Berg and Deval Desai 1 Draft, August 2013 Executive Summary This paper lays out a framework for discussions on the role of the rule of law in the post‐ 2015 agenda. It summarizes the evidence base for the relationship between the rule of law and development, highlights lessons from rule of law development programming and the experience of the MDGs, and points to options for how the rule of law might be incorporated into the post‐2015 development agenda. The paper emphasizes three themes. First, it recognizes the general commitment among policymakers to the importance of the rule of law to development. The deliberations to flesh out the post‐2015 agenda provide a unique opportunity to translate this commitment to the rule of law into action. Second, it highlights the importance of context and specificity. The rule of law is a concept that resonates across borders and boundaries while reflecting a diverse set of perspectives rooted in societies’ culture, history, politics, institutions and conceptions of justice. Third, it describes the multi‐ faceted, cross‐disciplinary, and sometimes contested nature of the evidence base, and emphasizes the importance of understanding the particular pathways between the rule of law and development. Efforts to define commitments, targets and indicators should clarify the particular pathways they are trying to promote while building on and strengthening the existing evidence base. The starting point for incorporating the rule of law into the post‐2015 agenda should be an understanding of the nature of the rule of law and its relationship to development. We take an inclusive view of the rule of law, which incorporates a diversity of perspectives while recognizing international norms. The rule of law is a system of rules and norms, a set of institutions, and an outcome of development, and a feature of the processes that cut across sectors to enable development to advance. At the same time, specific functions of the rule of law and its relationship to development are increasingly recognized. Drawing on a wide range of empirical literature and practical experience, the paper lays out core development functions of the rule of law, including: Enabling economic development, Citizenship and social and economic justice. Preventing, mitigating and deterring conflict, crime and violence Strengthening accountability and checks on power, and reducing corruption Enhancing the fair allocation of services 1 Georgetown and Harvard Law School respectively. Correspondence welcome at [email protected]. and [email protected]. This overview represents a more detailed version of the findings of the Policy Brief for policy makers shaping the Post‐2015 development agenda, available at http://issuu.com/undp/docs/issue_brief_‐_rule_of_law_and_the_post‐2015_develo. It is intended to complement the Policy Brief, providing a more detailed basis for discussions and consultations on the rule of law and development in the context of the development of the post‐2015 development goals. We are grateful to Shelley Inglis, Aparna Basnyat, Rosie Wagner, and the paper’s internal and external peer reviewers for their assistance, comments and guidance.

listado de notas - uam.es · pdf file*ortiz cirugeda, jose manuel-parra vela, elena-pereira...

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