Understanding the relationship between the rule of law and sustainable development

ABSTRACT

Background: The aim of this paper is to investigate the relationship between the rule of law and sustainable development. The rule of law, frequently referred to as `the empire of laws and not of men,' underscores the significance of constraining capricious authority and ensuring that public servants adhere to legal structures in their conduct. The rule of law, being a legal principle, is of paramount significance for society's overall advancement and well-being; therefore, its importance should not be undervalued. Its worth should not be diminished. In contrast, sustainable development enddeavours to reconcile the interests of current and future generations through the integration of economic, social, and environmental considerations. Methods: This study primarily focuses on theoretical observations and employs a qualitative methodology. Its objective is to explore the relationship between the rule of law and sustainable development by analysing their attributes, viewpoints, and interpretations. By integrating the idea of the rule of law with sustainable development, it aims to consolidate information that is often scattered or semi-structured. Data is gathered through methods including desk research, descriptive analysis, and theoretical observations.

Results and Conclusions: The significance of upholding the rule of law in the pursuit of sustainable development is underscored in this article. Furthermore, the present study investigates the correlation between the advancement of sustainable development and the notion of the rule of law. This encompasses a comprehensive examination of multiple facets, including formal, procedural, substantive, constitutional, and good governance elements. The rule of law is recognised by the international development community as a foundational element that facilitates the achievement of additional development goals. This scholarly article enhances the existing understanding of the reciprocal support between sustainable development and the rule of law by analysing this intricate interplay.).

INTRODUCTION

Social fragmentation, economic inequality, and the erosion of democratic standards and human rights are among the complex and interconnected issues of the present day. The wealth gap has contributed to an increase in homelessness, hunger, and poverty, whereas intolerance and extremism fuel political and social divisions. Those trends are placing pressure on the social fabric and rendering it progressively more difficult to identify shared interests and collaborate in pursuit of common objectives. Significant challenges and expectations confront the international community of sovereign countries. In this regard, several initiatives have already been implemented to promote the general welfare. One such initiative is adopting the 2030 Agenda for Sustainable Development, which aims to achieve 17 development goals by 2030.¹ The 2030 agenda presents both opportunities and challenges. This comprehensive agenda has the potential to start the transformation of international development. law public legal

For the first time, the three pillars of sustainability - social, economic development, and environmental protection - are being considered together to balance the ambitions of current generations with the interests of future ones. The fundamental concept of sustainability pertains to the capacity of a given entity to persist, with a reasonable degree of continuity, over an extended period. Sustainability is a defining attribute of a process or condition that can be upheld at a specific level indefinitely without being subject to temporal limitations. The concept of sustainable development primarily seeks to enhance the wellbeing of individuals and utilise the natural environment as a reflection of the prevailing adverse phenomena within society. The agenda includes goals related to economic growth, protection of natural resources, education, health, and responsible consumption. Addressing gender, societal, and international disparities is a fundamental aim of the agenda. This is demonstrated through the document's repetitive statement `Leave no one behind' (LNOB) `The Sustainable Development Agenda' (Sustainable Development Goals, 2023)

<https://www.un.org/sustainabledevelopment/development-agenda> accessed 10 July 2023. <sup>`Universal Values Principle Two: Leave No One Behind'</sup> (United Nations Sustainable Development Group, 2023) <https://unsdg.un.org/2030-agenda/universal-values/leave-no-one-behind> accessed 10 July 2023. and its transformative pledge. To attain sustainable development, the LNOB principle guarantees that the most marginalised and vulnerable individuals are not abandoned. This entails prioritising their requirements and ensuring they have the necessary resources and opportunities to flourish. The high-level political forum of the United Nations mandates that all nations furnish progress reports in light of the agenda's universal applicability. This statement recognises that the development process is not confined to particular geographical areas and that poverty is not exclusively found in developing nations. Finally, the agenda recognises access to justice and the rule of law as important goals, a significant shift in development policy. The inclusion of the rule of law in the Agenda for Sustainable Development has brought an interesting new dimension to the notion of development to the theory and policy of international development. In recent years, sustainable development has emerged as the prevailing global framework influencing the ongoing restructuring of international and domestic law. Since its inception, legal scholars worldwide have been conscientiously striving to understand the legal implications associated with the concept of sustainable development. Klaus Bosselmann, `Losing the Forest for the Trees: Environmental Reductionism in the Law' (2010) 2(8) Sustainability 2424, doi:10.3390/su2082424. Today, the concept of sustainable development finds expression in legally enforceable international, regional (European), and national documents.

Research Methodology

The research methodology employs a qualitative approach. Qualitative research, enhanced by theoretical foundations, aims to investigate the connections between the rule of law and sustainable development by examining the characteristics, perspectives, and interpretations of both. It combines the concept of the rule of law with sustainable growth, gathering usually disorganised or partially organised information. The data is collected using desk research, descriptive analysis, and theoretical observations.

To comprehend the relationship between the SDGs and the rule of law, one must possess a comprehensive understanding of the concept of the rule of law. Consequently, the preliminary segment of the paper examines the historical development of the rule of law, with a specific emphasis on the ancient and modern epochs. The principal aim is to illustrate that the rule of law is firmly rooted in historical principles as opposed to theoretical constructs. The objective is to demonstrate that the notion can be modified to fit current institutional developments and maintain its conceptual viability within legal theory. In the second section of this paper, we emphasised that the rule of law is a highly contentious concept, not only on account of divergent interpretations and compliance levels but also on account of differing perspectives on its fundamental principles. To effectively confront this challenge, the cultivation of a global community is of dire importance. This community comprises legal professionals actively involved in advocacy, law reform, legislation drafting, legal education, and the provision of legal support and representation. The third section of this paper delves into examining the United Nations' endeavours to advance the rule of law and the significance of such efforts in relation to the Sustainable Development Goals (SDGs). The definition of the rule of law and its three fundamental components, which are essential for attaining the SDGs, are scrutinised. In the fourth section, central to this research, we examine various aspects of the interaction between the rule of law and sustainable development. This includes exploring global advocacy for the rule of law, examining SDGs related to the rule of law, and investigating how different dimensions of the rule of law can intersect with the SDGs. The concept of the rule of law is fundamental to national regulations within the boundaries of sovereign states. Through inter-state interaction, international regulations are established, and international organisations are founded, as discussed in the conclusion of this paper. Without establishing an international concept of the rule of law, today's international relations between distinct subjects of international law would be unimaginable. These international relations are integral to the achievement of sustainable development objectives.

Literature Review

The literature review has shown that, despite the fact that the topic addressing the relationship between the rule of law and sustainable development is very current and significant, the contribution is still timid. Several articles jointly emphasise the correlation between the rule of law and sustainable development. Danielle Watson and others, ` P rob lemati sing the Rule of Law Agenda in the SDG Context' in J Blaustein and others (eds), The Emerald Handbook, of Crime, Justice and Sustainable Development (2020) 131, doi:10.1108/978-1-78769-355-520201010. Some authors examine the rule of law as both a goal and a method for achieving sustainable development, presenting a framework for understanding and evaluating the rule of law. Steven Malby, `The Rule of Law and Sustainable Development' (2017) 43(3-4) Commonwealth Law Bulletin 521, doi:10.1080/03050718.2017.1436229. Available literature demonstrates that the principle of the rule of law is widely acknowledged as a crucial element of sustainable development. Jonas Ebbesson and Ellen Hey, The Cambridge Handbook of the Sustainable Development Goals and International Law (CUP 2022) doi:10.1017/9781108769631. The literature study emphasises that the rule of law is applicable to the economic, social, and environmental components of sustainable development. Arnold Kreilhuber and Angela Kariuki, `Environmental Rule of Law in the Context of Sustainable Development' (2020) 32 The Georgetown Environmental Law Review 591. Several authors analyse the necessity for enterprises to incorporate international legal norms pertaining to social, environmental, and human rights issues. Lelia Mooney, `Promoting the Rule of Law in the Intersection of Business, Human Rights, and Sustainability' (2015) 46 Georgetown Journal of International Law 1135. Some researchers have discovered a direct correlation between the rule of law and both economic growth and environmental protection in high-income countries. Concetta Castiglione, Davide Infante and Janna Smirnova, `Environment and Economic Growth: Is the Rule of Law the Go-Between? The Case of High-Income Countries' (2015) 5 Energy, Sustainability and Society 26, doi:10.1186/s13705-015-0054-8. Furthermore, proponents assert that the rule of law is essential in attaining sustainable development and alleviating poverty, underscoring its function in establishing a legal structure and implementing sustainable development programs. Gopala Anjinappa, `Rule of Law: A Fundamental Pillar Enabling Sustainable Development and Reduction of Poverty in India' (2015) 6(1) International Journal of Asian Business and Information Management 38, doi:10.4018/IJABIM.2015010103. ^{Edric Selous, `The Rule of Law and the Debate on it in the United Nations' in CA Feinaugle (ed),} The Rule of Law and Its Application to the United Nations (Routledge 2016) 13, doi:10.5771/9783845275017-13.

1 COMPREHENDING THE RULE OF LAW ACROSS TIME

1.1. Ancient Era

The concept of the rule of law has its roots in ancient civilisations such as the Greeks, Chinese, and Romans.¹¹ The Code of Hammurabi, dating back to 1760 BC, is one of the earliest examples of a legal system that governed society based on essential legal principles. ibid. Although the term `rule of law' gained popularity in classical liberalism, its origins can be traced back to Plato. In his dialogue `The Laws' Plato proposed that the government should be subordinate to the law. Thomas L Pangle, The Laws of Plato (University of Chicago Press 1988). His student Aristotle further developed this idea in `The Politics, where he distinguished between the rule of law, based on reason, and the rule of man, driven by passion. Jill Frank, `Aristotle on Constitutionalism and the Rule of Law' (2006) 8(1) Theoretical Inquiries in Law 37, doi:10.2202/1565-3404.1142. According to Aristotle, the rule of law was attractive because it aimed for justice, which required treating equals equally and punishing those who committed the same crimes equally. Karen Margrethe Nielsen, `Aristotle on Justice' in M Sellers and S Kirste (eds), Encyclopedia of the Philosophy of Law and Social Philosophy (Springer 2022) 1, doi:10.1007/978-94-007-6730-0_923-1. This way, law steadily maintained the administration of justice, and for Aristotle, the rule of law was meaningless without justice. Justice was considered a virtue in ancient Greece. Aristotle believed it was better to be ruled by law than by another human being because very few people are wise and concerned about the wellbeing of others. In a republic or polity, where many rule together, wisdom and good intentions can prevail, and laws can be made to handle most cases. However, Aristotle's influential work on the rule of law recognised the importance of considering the type of law and regime when determining whether governance is best left to the best man or the best laws. Despite some cases requiring the specific insight of judges, Aristotle maintained that laws provide advantages such as being laid down in general terms and made after long consideration, which helps to satisfy claims of justice. His emphasis on the desirability of rules and the use of equity continue to shape modern jurisprudence. Lawrence B Solum, `Equity and the Rule of Law' (1994) 36 Nomos 120. These concepts revolve around themes such as `the rule of law, not man,' `a government of laws, not men,' and `law is reason, man is passion'. Aleardo Zanghellini, `The Foundations of the Rule of Law' (2016) 28(2) Yale Journal of Law & Humanities 213. However, its adherence to the other two components, namely legal supremacy and legal certainty, was compromised by social practices and cultural values. These Greek philosophical works had a significant impact on Roman legal thinking, particularly on Cicero, who emphasised in his work `De Legibus' (circa 54-51 BC) that the law should serve the greater good of the community, thus subjecting it to ideals of justice. Catherine Steel (ed), The Cambridge Companion to Cicero (CUP 2013). It is important to note that this discussion holds relevance beyond their historical context, as it relates to the contemporary understanding of the principle that no individual or entity is above the law - the modern-day understanding of the rule of law.

1.2. Modern Time

In Summa Theologicae, Thomas Aquinas formulated a natural law theory built upon Aristotle's perspective. SuperSummary, Study Guide: Summa Theologica by Thomas Aquinas (Independently pub 2020). Aquinas reaffirmed Aristotle's assertion that the foundation of law is human reason and emphasised the imperative nature of establishing laws for the collective benefit. Aquinas's contributions further developed the notion that legal systems ought to be in accordance with the intrinsic and universal principles of natural law, which govern human behaviour in a manner that advances justice and the welfare of society. Paul J Cornish, `Marriage, Slavery, and Natural Rights in the Political Thought of Aquinas' (1998) 60(3) The Review of Politics 545, doi:10.1017/S0034670500027467. During the Enlightenment period in Europe, thinkers emphasised the importance of laws limiting the state's power and protecting individual rights. John Locke, a prominent philosopher in the development of liberalism, viewed liberty as freedom from restraint and violence, with the law acting as a safeguard and enabler of this freedom. Locke introduced the concept of the social contract, wherein individuals consented to be governed in exchange for protecting their personal freedoms and property. Jeremy Waldron, `John Locke: Social Contract Versus Political Anthropology' (1989) 51(1) The Review of Politics 3, doi:10.1017/S0034670500015837. This agreement established the government's legitimacy through popular consent, empowering it to create and enforce laws for the common good. Although Locke did not explicitly address a separate judiciary, he focused on upholding individual rights and preserving property, setting the stage for developing the rule of law. In `The Spirit of the Laws' (1748), Montesquieu expanded on Locke's ideas by proposing separating powers to prevent governmental abuse and safeguard liberty. Montesquieu advocated for separating powers or dividing legislative, executive, and judicial functions among distinct entities, emphasising the need for checks and balances. The term `rule of law' gained widespread usage in the nineteenth century, primarily due to the contributions of British constitutionalist Albert V. Dicey. In his influential work, `Introduction to the Study of the Laws of the Constitution' (1885), Dicey presented the first comprehensive elucidation of the rule of law within the context of liberal democracy. Dicey places significant emphasis on a formal interpretation of the concept, characterised by three fundamental components. Stephane Beaulac, `An Inquiry into the International Rule of Law' (2007) 14 EUI Working Paper MWP <https://hdl.handle.net/1814/6957> accessed 10 July 2023. These components are as follows: (1) being governed by the law instead of arbitrary authority, (2) equal subjection to the law for both government officials and private individuals, and (3) submission to the ordinary courts' overall jurisdiction, which provide the most dependable legal protection. Friedrich Hayek, an Austrian economist and political theorist who won the Nobel Prize, discussed the historical background and significance of the concept of the rule of law in his work, The Constitution of Liberty. Hayek examined the concept and progression of the rule of law, starting from its inception in the works of ancient Greek and Roman philosophers and culminating in its advancement in English constitutional history. FA Hayek, The Constitution of Liberty (University of Chicago Press 1960).

The concept of the rule of law applies to both democratic and non-democratic systems of government. Today, almost every nation asserts its compliance with the rule of law, which comes with the entitlement to govern based on ethical principles and legitimising norms. Mortimer NS Sellers, `What is the Rule of Law and Why is It so Important?' in J Silkenat, J Hickey and P Barenboim (eds), The Legal Doctrines of the Rule of Law and the Legal State (Springer 2014) 3. Scholars hold divergent views on the definition and usefulness of the rule of law. Tom Bingham, The Rule of Law (Allen Lane 2010); AV Dicey, Introduction to the Study of the Law of the Constitution (7th edn, Macmillan and co limited 1908); Robert Stein, `Rule of Law: What Does It Mean?' (2009) 18 Minnesota Journal of International Law 293. The concept is universally acknowledged to be challenging to define in a manner that encompasses its entire significance. Bingham (n 25) 5-7. Some claim that because it is so widely used and in many diverse contexts, it is essentially meaningless, while others offer long lists of necessary components. However, legal supremacy, legal equality, and legal certainty are a succinct list of essential elements for clarity. Although the first two elements are unambiguous, there are disagreements in contemporary legal study on the third. There are doubts about the predictability and clarity of laws, particularly the degree to which general laws can be applied consistently and with full certainty in particular circumstances. Moreover, the question of whether the law can consistently provide justice in certain instances is raised in relation to the stringent adherence to its apparent meaning.

Some authors argue about the division of the history of law and politics into a battle between two factions: those supporting the rule of law (government `de jure') and those supporting the rule of specific individuals (government `de facto'). Sellers (n 24). This transfer of authority across countries exemplifies the milestones of the modern rule of law tradition. It seeks to implement the principles of the rule of law practically. The conflict between the `de facto' theory of law as a tool of power and the `de jure' conception of law as a result of reason and justice has been the driving force behind legal modernity and the global advancement of constitutional government. MNS Sellers, The Sacred Fire of Liberty: Republicanism, Liberalism, and the Law (Palgrave Macmillan 1998) doi:10.1057/9780230371811.

Overall, the rule of law concept is rooted in historical principles rather than abstract ones. It is flexible enough to be applied to modern institutional changes and is conceptually sustainable on a legal theoretical level.

2 UNDERSTANDING THE AMBIGUITY AND COMPLEXITY OF THE RULE OF LAW CONCEPT

Although the expression `rule of law' is commonly used in international instruments and acknowledged as a constitutional principle, its meaning remains unclear. Adriaan Bedner, `An Elementary Approach to the Rule of Law' (2010) 2(1) Hague Journal on the Rule of Law 48, doi:10.1017/S1876404510100037. Legal theorists even call it an `essentially contested concept'. Jeremy Waldron, `Is the Rule of Law an Essentially Contested Concept (in Florida)?' (2002) 21(2) Law and Philosophy 137, doi:10.1023/A:1014513930336. Maybe that is why it is universally appealing - like the idea of `the good', where everyone has ideas about what it means. An English judge, Lord Bingham, suggests it did not require a statutory legal definition. He acknowledges that judges routinely apply the rule of law in their judgments. Lord Bingham, `The Rule of Law' (2007) 66(1) The Cambridge Law Journal 67,

doi:10.1017/S0008197307000037. Fukuyama illustrates the rule of law, suggesting that its fundamental essence lies in a societal agreement that the laws are and exist independently of those in power, constraining their behaviour. Francis Fukuyama, The Origins of Political Order: From Prehuman Times to the French Revolution (Farrar, Straus and Giroux 2011). According to Fukuyama, the ruler does not hold ultimate authority; instead, the law is sovereign. Legitimacy for the ruler is derived solely from the just powers the law grants. ibid.

The World Justice Project defines the rule of law as a resilient framework consisting of laws, institutions, norms, and community dedication that upholds four fundamental principles: accountability, just laws, open government, and accessible and impartial dispute resolution. `What is the Rule of Law?' (World Justice Project, 2023) <https://worldjusticeproject.org/about- us/overview/what-rule-law> accessed 10 July 2023. The Rule of Law Index evaluates over 190 nations worldwide, as well as within their specific regional and income categories, based on these four principles. `Rule of law - Country rankings' (The Global Economy: Business and economic data for 200 countries, 2022) <https://www.theglobaleconomy.com/rankings/wb_ruleoflaw> accessed 10 July 2023. It assesses their performance in relation to eight parameters. The factors encompassed in this list are limitations on governmental authority, lack of corruption, transparent governance, basic rights, maintenance of law and order, effective regulation, fair civil legal proceedings, and just criminal legal proceedings. Today, the interpretation of the rule of law differs across countries. In certain countries, it prioritises legality and predictability to drive economic growth. However, in other countries, the emphasis is on the cost and efficiency of justice rather than the quality of justice. To clarify the conceptual ambiguity surrounding the rule of law, some authors delve into the diverse notions of this concept, which occasionally conflict with one another and underlie distinct aggregate measures. Jorgen Moller and Svend-Erik Skaaning, The Rule of Law: Definitions, Measures, Patterns, and Causes (Palgrave Macmillan 2014). In the common law tradition, Dicey's work is particularly significant. Dicey (n 25). In contrast, the civil law tradition places less emphasis on the j udicial pro cess and more on the nature of the state, as evidenced by concepts like etat de droit, stato di diritto, and Rechtsstaat, which all refer to the notion of a state based on the rule of law. Robert McCorquodale, `Defining the International Rule of Law: Defying Gravity?' (2016) 65(2) International and Comparative Law Quarterly 277, doi:10.1017/S0020589316000026.

The rule of law is a contentious concept contested not only on account of divergent viewpoints regarding its foundational principles but also on account of modifications in its application and interpretation. Although certain principles are universally applicable, others are subject to interpretation and permit differing levels of adherence. The required level of compliance is not specified by the rule of law, and it may be impossible to adhere to all principles; therefore, the executive, administrative, and judicial branches must exercise discretion. Discretion is essential because it enables the law to adapt sufficiently to changes in the world and extraordinary circumstances. However, taking these principles to their extreme would hinder any legislation or modification to the law, which is impractical. Some authors distinguish between the rule of law in a narrow sense, which includes legality and due process (referred to as the rule of law I), and the rule of law in a broader sense, which includes constitutional democracy (referred to as the rule of law II). Jan-Erik Lane, `Political Modernisation: The Rule of Law Perspective on Good Governance' (2015) 5(1) The Open Journal of Political Science 13, doi:10.4236/ojps.2015.51002. It is noted that some countries adhere only to the rule of law I, while others implement both mechanisms. China, the largest country in the world, has a poor score on the rule of law II and a score of 0 on the rule of law I. In contrast, Singapore, a small city-state, has a high ranking on the rule of law I and a medium ranking on the rule of law II. ibid. However, None of the countries can assert flawless compliance with the rule of law. The rule of law serves as a reliable and constant point of reference that can provide us with guidance both presently and in the times to come.

3 THE UN'S ROLE IN PROMOTING THE RULE OF LAW

The notion of the rule of law is firmly entrenched inside the United Nations. The rule of law serves as the means by which human rights are put into effect. The 1948 Universal Declaration of Human Rights underscores the crucial significance of safeguarding human rights through the application of legal principles, asserting in its preamble that it is imperative to avert individuals from being compelled to engage in rebellion against despotic authority and suppression. Universal Declaration of Human Rights (adopted 10 December 1948 UNGA Res 217 A(III)) <https://digitallibrary.un.org/record/666853?ln=en> accessed 10 July 2023. The rule of law has been described as the fourth pillar of the UN Charter and is considered the foundation for achieving peace and security, human rights, and development. UN Secretary-General, `The Rule of Law and Transitional Justice in Conflict and Post-Conflict Societies: Report of the Secretary-General' (23 August 2004) UN Doc S/2004/616, note 1, para 9 <https://digitallibrary.un.org/record/527647?ln=en> accessed 10 July 2023. Without the rule of law, achieving these objectives fairly and justly is difficult. However, the UN's ability to promote the rule of law depends on Member States' willingness to cooperate and adhere to established norms and practices. Therefore, the UN acknowledged that the rule of law applies to all states and international organisations (including the UN and its principal organs) and that upholding and promoting the rule of law and justice should serve as guiding principles for all their activities.

In some cases, Member States may resist UN efforts to promote the rule of law. Hence, the effectiveness of UN efforts in promoting the rule of law may vary depending on the political and social context of Member States. In some countries, there may be deep-rooted corruption, weak institutions, and a lack of political will to reform. In such cases, UN efforts may face significant challenges. To tackle such cases at the national level, the UN has improved its approach to supporting the rule of law by assisting in constitution-making, enhancing the national legal framework, strengthening justice, governance, security, and human rights institutions, facilitating transitional justice processes, and empowering civil society. The UN has developed the SDG Impact Standards. SDG Impact UNDP <https://sdgimpact.undp.org> accessed 10 July 2023. These guidelines are highly beneficial for various stakeholders seeking to integrate sustainability and the Sustainable

Development Goals (SDGs) into their decision-making processes. These systems are constructed based on core concepts and offer a structure for effortlessly incorporating various tools and frameworks into the decision-making process. By embracing these criteria, organisations may guarantee a thorough and methodical method of incorporating sustainability and the SDGs into their strategy and daily activities. It is advisable to establish a mandate to perform SDG impact assessments for any new legislation, programs, and development initiatives, regardless of their scope, whether local, national, or worldwide. Ensuring that legal decisions align with sustainable development goals is crucial. By performing these assessments, the United Nations may enforce accountability on decisionmakers for their choices and actions.

At the international level, several declarations and statements have emphasised the significance of the rule of law. One such example is the 1970 Declaration on Principles of International Law Friendly Relations and Cooperation among States under the Charter of the United Nations, which is viewed as a clarification of the UN Charter and highlights the crucial role of the UN Charter in advancing the rule of law among nations. Declaration on Principles of International Law Friendly Relations and Co-operation among states in accordance with the Charter of the United Nations (adopted 24 October 1970 UNGA Res 2625 (XXV)) <https://digitallibrary.un.org/record/202170> accessed 10 July 2023. In 1992, the United Nations Conference on Environment and Development adopted the Rio Declaration on Environment and Development. United Nations, Report of the United Nations Conference on Environment and Development, Rio de Janeiro, 3-14 June 1992, vol 1, Resolutions adopted by the Conference (UN 1993) 3-8. Principle 27 of the Rio Declaration emphasises the need for cooperation and partnership among states and people to fulfil the principles outlined in the Declaration and further develop international law in sustainable development. While Principle 27 acknowledges the existence of international law in this field, it does not specify its content, whether procedural, substantive, or both, or where it can be found. Independent legal experts reviewed legal and policy instruments and the international practice of states to determine the content of sustainable development law. `Report of the Consultation on Sustainable Development: the Challenge to International Law' (1994) 3 Review of European Community and International Environmental Law 1 et seq. They concluded that `sustainable development' is a legal term encompassing processes, principles, objectives, and a substantial body of international agreements related to environmental, economic, civil and political rights. The UNCED process is significant because it supports an integrated strategy that jointly addresses existing concepts, regulations, and institutional arrangements rather than inventing new ones. The United Nations Millennium Declaration of 2000 laid down fundamental principles that should serve as the foundation for international relations in the 21st century. United Nations Millennium Declaration (adopted 08 September 2000 UNGA Res 55/2) <https://digitallibrary.un.org/record/422015?ln=en> accessed 10 July 2023. These principles encompass freedom, equality, solidarity, tolerance, environmental preservation, and shared responsibility. The derivation of the Millennium Development Goals can be traced back to this declaration. The Millennium Declaration identified strengthening the rule of law as the top priority. At the same time, the World Summit 2005 reiterated the significance of good governance and the rule of law as critical to sustaining economic growth. 2005 World Summit Outcome (adopted 24 October 2005 UNGA Res 60/1) para 11 <https://digitallibrary.un.org/record/556636?ln=en> accessed 10 July 2023. The Sustainable Development Goals 2015 also include a target to promote the rule of law at national and international levels and ensure equitable access to justice for all. Draft outcome document of the United Nations summit for the adoption of the post-2015 development agenda, Annex: Transforming Our World: the 2030 Agenda for Sustainable Development (adopted 1 September 2015 UNGA Res 69/315) <https://digitallibrary.un.org/record/ 803344?ln=en> accessed 10 July 2023. The rule of law is increasingly viewed as both a developmental objective and a mechanism for achieving development in all nations.

As defined by the International Bar Association Council, the rule of law includes vital principles like an independent judiciary, presumption of innocence, fair trials, proportional punishment, a robust legal profession, confidentiality of lawyer-client communications, and legal equality. The Rule of Law: A Commentary on the IBA Council's Resolution of September 2005 (IBA Council's Resolution of 8 October 2009) <https://www.ibanet.org/Document/Default.aspx?DocumentUid= 9925C6FD-5804-407F-9D39-ECB9D6A8B9D4> accessed 10 July 2023. Practices such as arbitrary arrests, secret trials, indefinite detention without trial, cruel treatment, degrading punishment, and electoral corruption are considered unacceptable. The rule of law forms the basis of a civilised society, ensuring a transparent and fair system that empowers and protects individuals. However, the United Nations Secretary- General's 2004 report on the rule of law and transitional justice provides the most widely accepted understanding of the rule of law. UN Secretary-General (n 42). It explains the rule of law as a principle of governance where all persons, institutions, and entities, including the state itself, are accountable to publicly promulgated laws that are equally enforced, independently adjudicated and aligned with international human rights norms and standards. The principle requires measures to ensure the supremacy of the law, equality before the law, accountability to the law, fairness in its application, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency. The Secretary-General has avoided elaborating on the issue and kept the interpretation of his 2004 report open. He did not imply that the `concept' meant to define the rule of law for use within the United Nations could apply beyond the Secretariat. In his following report to the Security Council, the Secretary-General emphasised the importance of the rule of law to the organisation's work. He downplayed his terminology as simply an effort to create a `common language of justice' that includes the concept of the rule of law, among other things.

Based on the UN interpretation, one can understand the rule of law as consisting of three core elements: legal frameworks, institutional capacity, and legal empowerment. Steven Malby, The Rule of Law and Sustainable Development: A Report of the CSIS Program on Prosperity and Development (CSIS 2020). Legal frameworks encompass laws at different levels, while institutional capacity includes the justice system, encompassing formal and informal institutions responsible for implementing and enforcing laws. Legal empowerment refers to individuals' ability to access and effectively use the justice system to protect their rights. These elements correspond to

the different components of the UN definition of the rule of law. The notion of 'access to justice,' part of Sustainable Development Goals - SDG Target 16.3, also involves several elements. `The 17 Goals' (Sustainable Development Goals, 2023) <https://www.un.org/sustainabledevelopment/ development-agenda> accessed 10 July 2023. The SDG target stresses promoting the rule of law and access to justice, requiring a focus on all three elements and their corresponding components. Countries must consider these elements to evaluate progress towards achieving these goals.

5 THE INTERPLAY BETWEEN THE RULE OF LAW AND SUSTAINABLE DEVELOPMENT

When discussing the relationship between the rule of law and the SDGs, it is evident that they complement and reinforce each other. In other words, a clear correlation exists between a society's commitment to the rule of law and its progress in sustainable development. The World Summit in September 2005 marked the first recognition of such a correlation. Elyse Wakelin, `Rule of Law and the UN Sustainable Development Goals' in W Leal Filho and others (eds), Peace, Justice and Strong Institutions: Encyclopedia of the UN Sustainable Development Goals (Springer 2019) 822, doi:10.1007/978-3-319-95960-3_36. Paragraph 119 emphasised the interplay and mutual reinforcement of human rights, the rule of law, and democracy. 2005 World Summit Outcome (n 48). Moreover, paragraph 134 reaffirmed the commitment to universally adhere to and implement the rule of law at national and international levels, underscoring its importance for peaceful coexistence and cooperation among states. ibid. It is noted that adhering to the rule of law fosters fairness, justice, and accountability, providing a solid foundation for social, economic, and environmental advancement. It facilitates the effective implementation of sustainable development policies and regulations. As a result, societies emphasising the rule of law are more likely to achieve long-term, balanced progress in sustainable development. This is acknowledged by the 2030 Agenda for Sustainable Development, specifically SDG 16, which recognises that access to justice and adherence to the rule of law are vital for promoting sustainable development. `Goal 16: Promote just, peaceful and inclusive societies' (Sustainable Development Goals, 2023) <https://www.un.org/sustainabledevelopment/peace-justice> accessed 10 July 2023.

5.1. Global Advocacy for the Rule of Law: The Importance of a Culture of Lawfulness

Advocacy for the rule of law has become global. People, governments, and organisations worldwide are committed to this ideal. The Thirteenth United Nations Congress on Crime Prevention and Criminal Justice, held in Qatar in 2015, saw Member States in which they were pledging to cultivate a culture of lawfulness grounded in the safeguarding of human rights and the rule of law. Thirteenth United Nations Congress on Crime Prevention and Criminal Justice, Annex: Doha Declaration on Integrating Crime Prevention and Criminal Justice into the Wider United Nations Agenda to Address Social and Economic Challenges and to Promote the Rule of Law at the National and International Levels, and Public Participation (adopted 17 December 2015 UNGA Res 70/174) <https://digitallibrary.un.org/record/816763?ln=en> accessed 10 July 2023. However, the precise meaning of a `culture of lawfulness' remains subject to varying interpretations and misunderstandings. While some view it as a culture founded on trust and respect for the justice system, law enforcement, and the law, others equate it to mere obedience to the law driven by habit, fear, or self-interest. As with the rule of law, this concept has no definitive definition. Yvon Dandurand and Jessica Jahn, `The Fragility of a Culture of Lawfulness' (2018) 23(3) Bialostockie Studia Prawnicze 13, doi:10.15290/bsp.2018.23.03.01. The potential usefulness of the `culture of lawfulness' lies in its ability to provide a new shared narrative that can underpin a wide range of justice reforms rooted in human rights and democratic principles. This concept encompasses various vague yet significant ideas, including access to justice, accountability and transparency of criminal justice institutions, security, public safety, and fairness in the administration and delivery of justice. ibid. Each of these notions could serve as a fundamental component of a culture of lawfulness.

A `culture of lawfulness' implies that a society's predominant or mainstream culture, values, and beliefs support the rule of law. Roy Godson, `Guide to Developing a Culture of lawfulness' (2000) 5(3) Trends in Organised Crime 91, doi:10.1007/s12117-000-1038-3. In such a culture, the average person acknowledges that legal norms are integral to justice and provide a path to achieve justice, thereby enhancing the quality of life for individuals and society. ibid. The argument underlying this concept is that relying solely on regulatory measures and strong institutions is inadequate for establishing or sustaining lawful and orderly societies. To this end, Godson recommends cultivating a culture of lawfulness through civic and school-based education, centres of moral authority, and positive media messaging that reinforce `the values that promote law-abiding, values- oriented citizenship'. ibid. Building a culture of lawfulness is essential for a society to enjoy peace, security, and effective response to emerging threats, such as crime and terrorism.

The Doha Declaration commits Member States to fostering a culture that upholds the rule of law and human rights while respecting cultural identities, specifically focusing on children and youth. Thirteenth United Nations Congress (n 58). This dual focus on supporting human rights and honouring cultural identities reflects the political and ideological tensions that have given rise to debates over the definition of the rule of law.

5.2. The Rule of Law in the SDGs Agenda

The concept of the rule of law is now a central element of Sustainable Development Goal 16, which urges Member States to establish `peaceful and inclusive societies for sustainable development,' ensure access to justice for everyone, and construct effective, accountable, and inclusive institutions at all levels. Transforming Our World: The 2030 Agenda for Sustainable Development (adopted 25 September 2015 UNGA Res 70/1) <https://digitallibrary.un.org/record/3923923?ln=en> accessed 10 July 2023. SDG 16 stands out as it incorporates the lessons learned from the previous Millennium Development Goals (MDGs). This SDG is focused on establishing governance institutions and a judicial system that ensures a stable environment devoid of corruption and violence. These institutions aim to enable citizens to exercise their human rights without hindrance. Recognising the rule of law as the bedrock of sustainable development, SDG 16 outlines crucial objectives for achieving all other goals. In the beginning, there was an expectation that SDG 16 would face the most opposition or disagreement compared to the other SDGs. This could be because the rule of law and access to justice are complex issues requiring significant reforms and resources. Target 16.3 requires states to promote the rule of law at the national and international levels and ensure equal access to justice. However, the Agenda does not precisely define the specific interplay between the rule of law and sustainable development and the content and responsibilities of states under Target 16.3. The Agenda acknowledges that each country may have different approaches, visions, models, and tools to achieve these goals based on national circumstances and priorities.

Moreover, governments may set their own national targets, guided by the global level of ambition but considering their unique circumstances. ibid, para 55. The idea of interaction between the rule of law and sustainable development was previously recognised by the Johannesburg Principles adopted at the Global Judges Symposium held in Johannesburg, South Africa, on 18-20 August 2002. The Johannesburg Principles aim to uphold sustainable development and the rule of law, affirming that the framework of international and national law that has evolved since the Stockholm Conference on Human Environment in 1972 provides a sound basis for addressing environmental threats. `The Johannesburg Principles on the Role of Law and Sustainable Development' (2002) 32(5) Environmental Policy and Law 236. The principles emphasise the importance of an independent judiciary and the peaceful resolution of conflicts, recognising the close connection between human rights, sustainable development, and the rule of law. The judiciary is viewed as a crucial partner in promoting compliance with environmental law, and judges, prosecutors, legislators, and other critical persons should have sufficient knowledge, skills, and information to enforce environmental law effectively. Furthermore, environmental law and sustainable development should feature prominently in academic curricula and legal studies at all levels. The principles also recognise the importance of strengthening the capacity of the poor to defend environmental rights and of powerful nations to protect the global environment.

Including the rule of law in the Agenda for Sustainable Development has brought a fascinating new dimension to the theory and policy of International Development. Although the rule of law principle is acknowledged explicitly in SDG 16.3, its tenets extend throughout the agenda, underscoring the significance of equitable access rights, robust legal frameworks, and inclusive institutions. This marks a significant shift in the concept of the rule of law, which is no longer seen as a backup process but as a critical factor in improving people's lives. The rule of law not only stands as a goal in itself but also provides an enabling environment for other areas of development. It is too important to be left solely in the hands of lawyers, and it requires the participation of all members of society. The Sixth Committee (Legal) has also affirmed that the rule of law can be utilised to achieve various other SDGs. These SDGs include but are not restricted to eradicating poverty and hunger (SDGs 1 and 2), enhancing access to clean water and sanitation (SDG 6), guaranteeing access to affordable and clean energy (SDG 7), addressing climate change (SDG 13), and conserving aquatic and terrestrial biodiversity (SDGs 14 and 15). The 17 Goals (n 53).

Therefore, sustainable development is not just about preserving the environment or promoting economic growth but also about maintaining a stable and predictable legal and social framework that allows for the creative and sustainable use of resources. National legal frameworks have a wide-reaching impact on sustainable development across all three dimensions. Malby (n 52). They touch upon a range of areas such as commerce, finance, competition, trade, investment, legal entities, criminal law, public and administrative law, education, health, and the environment. For instance, laws that regulate economic transactions, contracts, ownership, property, and access to financial resources and markets promote economic growth, aligning with SDG 8. Similarly, laws that regulate social behaviour, legal identity, access to justice, medical services, and social rights align with SDGs 3, 4, and 16. Lastly, regulatory, criminal, and procedural laws significantly impact environmental protection, access to natural resources such as water, minerals, and forests, and climate change adaptation and mitigation, impacting the realisation of SDGs 13, 14, and 15. ibid. The rule of law is crucial in enabling sustainable development in several ways. Firstly, it ensures that all individuals, including marginalised groups, receive equal treatment, protection, and fair opportunities. This focus on equality and equity helps to address social and economic disparities. Secondly, the rule of law provides predictability, clarity, and legality in everyday affairs. It guarantees that laws and regulations are transparently applied and upheld, ensuring that individuals and businesses can operate within a stable and reliable legal framework. This fosters trust, encourages investment, and promotes economic growth. Thirdly, the rule of law establishes processes and mechanisms that aim to balance sustainable development's economic, social, and environmental dimensions. This encourages sustainable practices, responsible resource management, and environmental protection. Lastly, the rule of law promotes peaceful resolution of disputes. Access to fair and impartial judicial systems helps prevent conflicts and promotes political stability. This stability, in turn, creates a favourable environment for social progress and economic prosperity.