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Colloquium in International and Comparative Law Role of International Lawyers in Promoting Democracy Assistance and Rule of Law February 21, 2013

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Page 1: Colloquium in International and Comparative Law Role of International Lawyers in Promoting Democracy Assistance and Rule of Law February 21, 2013

Colloquium in International and Comparative Law

Role of International Lawyers in Promoting Democracy Assistance and Rule of Law

February 21, 2013

Page 2: Colloquium in International and Comparative Law Role of International Lawyers in Promoting Democracy Assistance and Rule of Law February 21, 2013

Rule of Law: State of the Field

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Andrew Solomon, BlueLaw International

Page 3: Colloquium in International and Comparative Law Role of International Lawyers in Promoting Democracy Assistance and Rule of Law February 21, 2013

Rule of Law Defined

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Andrew Solomon, BlueLaw International

“a principle of governance in which all persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires, as well, measures to ensure adherence to the principles of supremacy of law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness and procedural and legal transparency."

Report of the Secretary-General: The rule of law and transitional justice in conflict and post-conflict societies” (2004)

Page 4: Colloquium in International and Comparative Law Role of International Lawyers in Promoting Democracy Assistance and Rule of Law February 21, 2013

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What is Technical Legal Assistance? Andrew Solomon, BlueLaw

International

Page 5: Colloquium in International and Comparative Law Role of International Lawyers in Promoting Democracy Assistance and Rule of Law February 21, 2013

International Standards Toolkit

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Andrew Solomon, BlueLaw International

ICCPR (Article 14 on Right to Fair Trial)

CEDAW, CERD, CRPD, ….

Rome Statue

International Courts and Tribunals

UN Basic Principles and Guidelines on Judges, Lawyers, Prosecutors, Access to Legal Aid, Remedies, …

Bangalore Principles on Judicial Integrity

Page 6: Colloquium in International and Comparative Law Role of International Lawyers in Promoting Democracy Assistance and Rule of Law February 21, 2013

Guiding Principles and Leading Practices

Holistic and Integrated Approach

Contextual/Responsive Assistance

National Ownership and Sustainability

Citizen Engagement/Participation

Justice Strategies/Action Plans

Managing for Results

Donor Coordination

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Andrew Solomon, BlueLaw International

Page 7: Colloquium in International and Comparative Law Role of International Lawyers in Promoting Democracy Assistance and Rule of Law February 21, 2013

Rule of Law Nexus:Justice, Security, and Jobs

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“Strengthening legitimate institutions and governance to provide citizen security, justice, and jobs is crucial to

break cycles of violence.” (2011 WDR)

Page 8: Colloquium in International and Comparative Law Role of International Lawyers in Promoting Democracy Assistance and Rule of Law February 21, 2013

Resources and Networks

● UN Approach to Rule of Law Assistance (UN SG)

● New Directions in Justice Reform (World Bank)

● QDDR: Leading Through Civilian Power (US/DOS)

● Handbook on SSR: Supporting Security and Justice (OECD)

● Rule of Law Strategic Framework (USAID)

● UN Rule of Law Indicators Implementation Guide and Tools

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Andrew Solomon, BlueLaw International

Page 9: Colloquium in International and Comparative Law Role of International Lawyers in Promoting Democracy Assistance and Rule of Law February 21, 2013

Andrew SolomonDirector, Justice Sector Reform AdvisorSecurity & Justice Practice GroupBlueLaw International

[email protected]/IN/ANDREWSOLOMON@Legalista

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www.bluelawinternational.com