ADVANCING THE RULE OF LAW Nigel Roberts, Vice President Global Associations LexisNexis Legal & Professional 2017 Western States Bar Conference, Maui, March 29 - April 1, 2017

AGENDA Rule of law definition How rule of law is measured Why it’s important Actions to advance rule of law

RULE OF LAW DEFINITION

COMPONENTS OF THE RULE OF LAW TRANSPARENCY OF LAW INDEPENDENT JUDICIARY ACCESSIBLE LEGAL REMEDY + = THE RULE OF LAW ALL ARE EQUAL UNDER THE LAW

HONORABLE MARY ROBINSON

HOW RULE OF LAW IS MEASURED & WHY IT’S Important

World Justice Project Rule of LAW Index

World Justice Project Rule of LAW Index  Documents adherence to the rule of law: 44 indicators 8 categories   100,000 citizen & expert interviews

WORLD JUSTICE PROJECT RULE OF LAW INDEX

GDP PER CAPITA & Rule of Law ($1000s) RULE OF LAW INDEX Sources: Rule of Law Index (World Justice Project), GDP Per Capita (World Bank)

GDP PER CAPITA & Rule of Law Afghanistan GDP per Capita ($1000s) Cambodia Zimbabwe Pakistan RULE OF LAW INDEX Sources: Rule of Law Index (World Justice Project), GDP Per Capita (World Bank)

GDP PER CAPITA & Rule of Law Norway Australia Singapore Sweden GDP per Capita ($1000s) Denmark UK France Germany Spain Japan RULE OF LAW INDEX Sources: Rule of Law Index (World Justice Project), GDP Per Capita (World Bank)

GDP PER CAPITA & Rule of Law ($1000s) USA CHINA RULE OF LAW INDEX Sources: Rule of Law Index (World Justice Project), GDP Per Capita (World Bank)

LOWER CHILD MORTALITY USA 300 100 Child Mortality 30 10 3 1 Deaths under age of 5 per 1,000 live births (logarithmic scale) 10 USA 3 1 RULE OF LAW INDEX Sources: Rule of Law Index (World Justice Project), Child Mortality (World Bank)

LOWER HOMICIDE USA 300 100 30 Number of Homicides 10 per 100,000 (logarithmic scale) 10 USA 3 1 0.3 0.1 RULE OF LAW INDEX Sources: Rule of Law Index (World Justice Project), Number of Homicides per 100,000 people (World Bank)

LOWER CORRUPTION USA Corruption Index Factors RULE OF LAW INDEX 0 (highly corrupt) Corruption Index Factors USA 100 (very clean) RULE OF LAW INDEX Sources: Rule of Law Index (World Justice Project), Corruption Index (World Transparency International)

HIGHER LIFE EXPECTANCY USA Life Expectancy (Age in Years) Outlier Mike asked about is Botswana (RoL=0.64, Life expectancy=47) RULE OF LAW INDEX Sources: Rule of Law Index (World Justice Project), Life Expectancy at Birth (World Bank)

HOW RULE OF LAW IS MEASURED & WHY IT’S Important

Rule of Law IS VITAL FOR BUSINESS Protection of property rights & contracts Resolution of disputes Lowers levels of corruption & bribery Fosters institutions that support good governance Ensures legal identity & empowerment

WHAT ACTIONS CAN BUSINESS TAKE?

BUSINESS FOR THE RULE OF LAW (B4ROL)

5 WAYS BUSINESS CAN SUPPORT THE RULE OF LAW 1 Ensuring accountability Providing certainty Promoting equality Protecting human rights Supporting access to justice 2 3 4 5

B4ROL EXAMPLES

AUTOMATED BIRTH REGISTRATION IN UGANDA

SUPPORTING ACCESS TO JUSTICE IN THE UNITED STATES WSBA Moderate Means Program Free referral panel to connect clients whose income is within 200 – 400% of the federal poverty level, with lawyers who offer legal assistance at a reduced fee

SUPPORTING ACCESS TO JUSTICE FOR DETAINED IMMIGRANTS

COMBATTING HUMAN TRAFFICKING

ADVOCATING FOR MARRIAGE EQUALITY Advocacy/public policy engagement and collective action……… UNGC Business for the Rule of Law: Microsoft Corporation, USA In order to produce products which meet the needs of its customers, Microsoft needs a workforce with a diversity of backgrounds, perspectives, skills and experience as well as access to the best employees. The company’s ability to recruit employees benefits from an environment where employees are treated equally by the government. Microsoft has publicly advocated for marriage equality in places in which it has facilities and employees. Microsoft has joined various major local and global companies to publicly support the passage of legislation recognizing marriage for same-sex couples, including in its home state of Washington, USA and further afield in the USA and globally. Microsoft has respected and supported the rule of law regarding marriage equality through its internal policies for many years, as it was the first Fortune 500 Company to provide same-sex domestic partner benefits to its employees.

OUR RULE OF LAW JOURNEY

COLLABORATION WITH ABA CENTER FOR HUMAN RIGHTS Collaboration with the American Bar Association Center for Human Rights Outcome was adoption of a new law to help combat HT and provide remedies for victims of HT Worked with State Attorneys General across the country to brief AG’s on the new law and help states identify opportunities to bolster their existing legislation

STATE ANTI-HUMAN TRAFFICKING LAWS Polaris Project: Breakdown of 50 State Ratings 2011 2015 Poor 9 Excellent 11 Good 16 Fair 14 Polaris Project : Annual State Human Trafficking Law Ratings 2011, 2015

ENGAGING WITH PARTNERS AND CUSTOMERS British AmericanBusiness Business for the Rule of Law program hosted by Am Law 100 firm Debevoise & Plimpton Law firms, corporate GC’s, the Judiciary and business leaders attended program featuring corporate counsel, UNGC and law firm partner Similar B4ROL/Rule of Law programs with ABA, New York City Bar and others

RULE OF LAW: FUTURE VISION

RULE OF LAW: FUTURE VISION

Next Steps Build awareness Continue strong leadership Support un global compact & b4rol Review b4rol framework

IILACE Webinar on Demand Sustainable Growth: The Business and Economic Incentives for the Rule of Law Ursula Wynhoven, Chief Legal Officer, Chief, Governance and Social Sustainability, UN Global Compact John Hoyles, Honorary Executive, IILACE Ian McDougall LexisNexis Legal & Professional EVP and General Counsel

nigel.roberts@lexisnexis.com @LexisNexis #ROL #B4ROL