International lawyer speaks to Salzburg Global in a Q&A session
Ms Mooney is an active member of the American Bar Association Section of International Law A new volume published by the American Bar Association Section of International Law has been edited by a Salzburg Global Fellow.Lelia Mooney has edited the volume entitled, ‘Promoting the Rule of Law: A Practitioner’s Guide to Key Issues and Developments,' which explores the concept of the rule of law and the significance of its contribution to the development of democratic societies.Targeted at a broad audience, the volume also features a foreword by Justice Richard Goldstone, a member of Salzburg Global Seminar’s Board of Directors. Chapter contributors include: Fionnuala Ni Aolain, Patricia O’Brien, Martin Schoenteich, Hassane Cisse, David Stewart, Renaud Sorieul, Colette Rausch and Thomas Nachbar. Contributors look at the different actors involved in the rule of law work, the origins and evolution of this mandate, and how to promote the rule of law more effectively to make it more responsive, inclusive, coordinated, humane and enduring. In the introductory chapter, Ms Mooney outlines 12 key lessons that put the main conclusions of the book into context, providing a framework for further discussion, inquiry and learning. Ms Mooney is an international lawyer, development and diversity professional with over twenty years of experience designing, managing and evaluating projects across sectors in Latin America and the Caribbean, Asia and Africa. The projects have focused on complex governance, rule of law, social inclusion, sustainability, multi-stakeholder engagement initiatives and local capacity development. She currently serves as the Diversity Officer of the ABA Section of International Law where she also co-Chairs the UN and International Organizations Committee. Ms Mooney has been a consultant to the World Bank, the United States Institute of Peace, Rule of Law Center, and has worked on a number of initiatives. She has attended a number of sessions at Salzburg Global, including: the 1995 Session on Participatory Democracies and NGOs, the 1997 Special Session with the Kettering Foundation and the Inter-American Democracy Network and the 2002 Session on the Reform of International Organizations.
Salzburg Global spoke to Ms Mooney through email to find out more about her latest publication.For those unaware of its actual meaning, how would you define the rule of law? Modern definitions of the rule of law still embody the principles that defined these millennia’s old ideals, which can be rooted back to the Greeks, Romans, King John and the Magna Carta, liberal theory and liberal political systems.Overall, these principles held that the law should be predominant in a society, be respected by the government – rule of law as opposed to rule by law, where the government uses the law to govern and considers itself to be above the law.[The law should also] be enforced by an independent judiciary separate from lawmakers, [which is] central to the actual meaning of the rule of law, and treat all persons equally.All these qualities are still central to the actual meaning of the rule of law. At the same time, the growth of the modern rule of law movement has seen an evolution of several other definitions – ‘working definitions’ of the rule of law. These working definitions have emerged as part of different institutional mandates and commitments to fostering the ideal of the rule of law while promoting it abroad or in different jurisdictions. The book addresses these institutional definitions in the context of promotion efforts of the rule of law enterprise and its evolution over the years by showing conceptual understandings, advances in good practices and important methodologies.
What is the best way for a rule of law to develop and be put into action in countries and states?The book discusses this issue across the different sections and the contributing authors offer insightful reflections. To be sure: there is no best way or pre-packaged solutions for developing the rule of law and putting it into action. In fact, the evolution of the rule of law, in both its concept and application, has taught an important lesson: promoting the rule of law is not just a technical and automatic exercise that puts a machine in motion. While technical capacities are vital, the process of fostering the rule of law in different legal jurisdictions and societies, however, also requires the ability to integrate technical legal skills into a profoundly multifaceted activity that also looks at culture, context, social and political issues of that particular society. In the volume’s introductory chapter, you outline 12 key lessons that put the conclusion of the book into context.
Why are these lessons key and are some lessons more important than others? The book not only offers many practical insights into specific aspects of rule of law missions but also considerable food for thought about the rule of law enterprise and its evolution over the years. The reader will undoubtedly discover a wide variety of stimulating ideas and provocative arguments. The 12 key lessons that emerge from this volume reflect accepted wisdom in the rule of law field, whereas others spotlight new or growing challenges, as well as emerging opportunities that require further thought, reflection, research and learning.
We live in an age where ‘data’ is a word commonly heard and used. For that reason, I was struck by one of your lessons that involved this concept. How can data be used to measure failures in the design and implementation of a rule of law mission?More and more, rule of law missions and initiatives are moving towards pairing legal knowledge, and its promotion, with strategic output and outcome based analysis that not only focuses on measuring shortfalls in the micro level but also helps define cross-regional analysis across sectors, governments and institutions. Numbers and data should not be seen as the enemies but strategic allies of rule of law promotion efforts.This will entail more comprehensive approaches, multi-disciplinary teams and openness to measuring and understanding failures as a strategy to design and integrate long-lasting locally driven - and owned - solutions to justice and development problems. Another important element that shouldn't be overlooked is the impact of information and communication technologies in supporting rule of law initiatives. IT platforms and social networking have indeed the potential to create the conditions to reform and strengthen the delivery, management, and administration of rule of law initiatives. It is important, however, to place focus on exploring how these platforms and interventions can facilitate access of traditionally excluded groups and have the true potential for combining access, scale, and sequencing to actually generate long-lasting impact on structural reforms by facilitating true inclusion of diverse voices and participation that can express both their support and demand for the rule of law. The book features a large number of contributions from people with high levels of expertise, including Justice Richard Goldstone, a Salzburg Global Seminar board member. What does Justice Goldstone discuss? Justice Goldstone addresses the rule of law from a historic perspective. The concept itself, the rule of law, is almost 800 years old. He explains that it begun when King John was forced by his feudal barons to agree to respect the law and to restrict his powers by law and that is how the Magna Carta was born, based on a key foundation of principles: the separation of powers, an independent judiciary, and equality of all before the law. Justice Goldstone also talks about the challenges of achieving the rule of law in South Africa during apartheid years and how the collaboration with lawyers and the American Bar Association, in particular, and other foundations, led to the establishment of the Legal Resources Center that used the courts to establish fundamental rights for millions of black South Africans. Lastly, Justice Goldstone reflects upon the importance of acknowledging the role different actors play in today’s rule of law enterprise (such as the military in conflict and post-conflict settings) and how to design rule of law missions in a strategic and meaningful way.
It’s hard to summarize an entire book in a few sentences, particularly with different contributions. But what are the main issues the contributing authors address? The book is structured in four parts. Part I addresses the origins and evolution of the rule of law concept and mandate. Part II analyzes the interplays between the rule of law and economic development within the context of international law, the inter-connectivity that exists between private international law and public international law, and their contributions to the development of a growing rule of law agenda. Part III looks at war-torn societies examining efforts to nurture the rule of law in conflict and post-conflict settings including linkages between rule of law and the security sector and the role of different actors such as the military while also looking at issues of diversity, gender and social inclusion of traditionally excluded and marginalized groups. Part IV spotlights operational issues such as the elements – the key elements that a rule of law mission should include as part of its design, management and evaluation process. The volume concludes with an appendix that offers practical advice on how to launch a career in the rule of law field, regardless of where you are.
Why did you decide to aim this volume at a broad audience? Over the course of 20 years working across Latin America and some parts of Africa and Asia, I have had extensive discussions with colleagues from different legal traditions and backgrounds around some of the main themes that seem to consistently arise in rule of law enterprises around the world.Promoting the rule of law and democratic governance not only demands impressive legal expertise but also the kinds of skills that are rarely emphasized in law schools as part of the legal education curriculums or even in the legal departments of international organizations. [This includes] the ability to reflect upon the practice and challenges, to actively listen to and to engage in dialogue with the users and recipients of technical reforms. Without these skills, we are unlikely to apprehend and respond to their needs, and thus our efforts to promote the rule of law will likely create nothing of enduring value. This book is addressed to a broader audience in order to expand the scope of the enterprise by envisioning platforms and initiatives that are multi-sectoral and interdisciplinary in nature. Moreover, the book acknowledges the importance of understanding the diversity and welcomes the contributions of those involved in rule of law development representing the diversity of a mosaic of traditions, cultures, legal backgrounds and languages as part of the future of the rule of law movement. I learned at the very early stages of my career that Salzburg Global Seminar is a very unique place where these dialogues across cultures, backgrounds and languages happen and could leverage its uniqueness to foster them even more while thinking about opportunities to foster the rule of law in developing, conflict and post-conflict societies. I say this as a former Salzburg Seminar Fellow of the 1995 session on ‘Building and Sustaining Democracies: The Role of Non-Governmental Organizations,’ co-chaired by the insightful leadership of Baroness Prashar of Runnymede CBE, together with Stephanie Clohesy and Macky Mandela. By collaborating and exchanging ideas, good practices and fostering a network of worldwide leaders, actions at the local and regional level were strengthened and supported by cross-regional learning and interactions.Immediately after that I moved on to leading the Inter-American Democracy Network with Asociacion Conciencia in Argentina and was able to leverage this fantastic network of knowledge and good practices from colleagues around the globe.
What impact are you hoping for this book to have? My hope is that book will be a catalyst for further understanding, discussion, research and practice to support the strengthening of authentic and meaningful engagement to promote, foster, support and uphold the rule of law at the national and international levels across legal traditions and sectors. This is not an easy task, but the more different actors involved in this enterprise today - lawyers, bar associations, judiciaries and all the branches of governments, civil society organizations, international and multilateral organizations and donor agencies, the private sector, civilian and military agencies, amongst others – create conditions for strategic engagement to support dialogue, understanding and practice the rule of law as an ideal and as an enterprise will find its outmost realization.At the practice level, the book provides a wealth of practical information, advice and guidance for rule of law professionals seeking to undertake challenging, exciting and rewarding projects.
'Promoting the Rule of Law: A Practitioner's Guide to Key Issues and Developments' is available to buy at the American Bar Association's web store.
