Global Forum on Law Justice and Development Newsletter Issue 9

 

Issue 9 | September 2018

Date:

 

GFLJD Newsletter Issue 9 September 2018

 

Dear members of the Global Forum, 

As you may know, I have the great honor to serve as the Project Manager for the Global Forum on Law Justice and Development (GFLJD).  

The GFLJD is a fantastic platform. Its achievements, the number of published reports, easily accessible on the GFLJD's website, the quality of the exchanges within the different TWG or the CoP are among others, the best proof of the sustainability and the dynamism of the GFLJD’s partners.  

 

Laurence

However, we still have lots to do! 

First, the Steering Committee held in last December in Washington DC, endorsed the principle to open the GFLJD to the private sector. The private sector is of the main stakeholders in the Development field. In the SDG’s context we can’t carry out your fantastic realization without including the private sector in our research. 

Then to going on with the initiated process starting by GFLJD’s team for these past 8 years, to find support and encourage concrete achievements for the projects developed within the GFLJD, we are thinking with the Legal Vice Presidency of the World Bank group to reinforce our main skills by finalizing a new strategy. This new strategy will aim to rise the leverage of your research in the development field. To attempt these ambitious goals, the GFLJD should promote and support projects in ad equation with the needs of the Development needs. Our new strategy will reflect these requirements. 

Taking the opportunity of the next LJDW and your expected attendance, we will introduce you to this new strategy after of course the previous validation and agreement of the Steering Committee. At last, internal and communication are a key to promote our research. The GFLJD intends to set up a new web site. We are hoping to be able to launch our new designed website next November. The GFLJD can’t exist without your involvement, your intellectual and financial support are essential and constituted the spine column of our activity. I want to warmly thank all of you for being part the GFLJD partners! 

Do not hesitate to contact me! 

Kind regards,

Laurence

 

 

Amir

Dear all, 

With Marco Nicoli retiring last year from the World Bank, I now have the honor and privilege of taking over the secretariat of the Global Forum on Law Justice and Development. I wanted to take a moment to introduce myself and share some of my thoughts on the great work the GFLJD has undertaken so far.  

 

I was recently appointed as the Adviser to the Senior Vice President and World Bank Group General Counsel. Prior to this, I was the Chief Legal Counsel at the African Legal Support Facility based in Abidjan, Cote d’Ivoire. While at the ALSF, I had the privilege of working with over 40 African countries in negotiating complex commercial transactions, defending countries against vulture fund litigation, capacity building, and knowledge management. Prior to the ALSF, I was in private practice in New York. 

Strong legal institutions are a cornerstone of sustainable economic and social development. With a strong knowledge base, decision makers will be able to make more informed choices when weighing policy options. But law is not just for policy makers, it touches on every member of society. We have a huge responsibility for creating practical, valuable, and impactful knowledge products to bolster the rule of law and contribute to economic and social development. 

 

It is in this context that we are looking forward to harnessing the excellent work of our partners. The GFLJD is an excellent opportunity to bring together the world’s best and brightest to help tackle the global challenges of eradicating poverty and boosting shared prosperity. 

I look forward to meeting many of you in person at Law, Justice and Development Week 2018: Rights, Protection and Development in November. 

Amir 

 

WhatsNew

- The GFLJD Newsletter will be circulating quarterly and now on the World Bank platform, reaching all the World Bank Group mailing besides our partners, giving more visibility to our partner's deliverable. 

- The GFLJD Newsletter will have a Partners Newsroom section dedicated to bringing news about our partners activities such as projects, papers, etc.

- The GFLJD Newsletter will have a Featured Partners section dedicated to display the GFLJD partners organization and personal achievements. GFLJD partners please feel free to send the material (text, news, photos, etc.) you want to display in the next newsletter or to the next ones. All the materials must be send to lcoste@worldbank.org.

- The GFLJD Newsletter will have an Events Calendar section to support or partners to advertise they’re events or to be aware of other exciting activities to them. 

- The GFLJD Newsletter will also have a Secretariat Bulletin Board section where the partners could find the latest news about the GFLJD Secretariat actions, Steering Committee and General Assembly decisions.

 

Partners Newsroom

 

 

UNIDROIT

 

The International Institute for the Unification of Private Law (UNIDROIT) has decided to broaden the scope of the Community of Practice (CoP) on Contract to cover “ Private Law and Agricultural Development ”. This decision is consistent with UNIDROIT’s current work in this area, which includes promotion of the UNIDROIT-FAO-IFAD Legal Guide on Contract Farming and preparation of private law rules at a global level for both agricultural land investment contracts and secured financing of agricultural equipment. More information about this work is available on UNIDROIT’s website . 

The CoP intends to promote discussions and exchanges between stakeholders on a broad range of related topics (e.g. responsible investment, tenure rights, gender, youth and access to financing) and, accordingly, to contribute to achieving the objective of food security and to addressing the challenges of social and economic development through predictable, fair and modern legal solutions.

UNIDROIT looks forward to establishing new synergies with the GFLJD and its partners for the development of the Community of Practice on Private Law and Agricultural Development.

Read More

 

MPMG

 

MPMG invites partners to submit articles for book on disaster law. 

The Public Ministry of Minas Gerais (MPMG) is pleased to invite professors and those with at least a Master’s degree to submit papers for the publication of a book on disaster prevention and its regulation in Latin America. Articles can be written in co-authorship with graduate or post-graduate students. 

The articles must not exceed 30 pages and be written in English, Spanish or Portuguese. They must be written in Times New Roman font, size 12, and have 1,5 line spacing. The final paper can be submitted to the following e-mail: alanchotti@mpmg.mp.br until November 15th, 2018 . Preference will be given to abstracts concerning the following subjects: 

 

1. Disaster legislation in South American countries. 

 

2. Other mechanisms for disaster prevention in South American countries. 

 

3. Comparative review of disaster legislation in South America and other countries. 

 

4. Case study: mining disasters in South America. 

 

5. Case study: natural disasters in South America. 

 

6. Case study: oil spills in South America. 

 

7. Human rights implications of disasters for vulnerable populations. 

 

Decisions will be made by November 30th, 2018. Authors of accepted articles will be responsible for its revision before publication.

For any questions or inquiries please contact the organization committee: 

alanchotti@mpmg.mp.br. 

Read More 

 

Human Centered Business Model

 

Since the last E-newsletter the Community of Practice “Human-Centered Business Model” made significant progresses with important dissemination events/products, the production of substantial research papers on key elements of the model and, with the new role of OECD DEV as project coordinator. 

Boosted by the successful conference co-organized by the French Conseil Superieur du Notariat and the French Ministry of Foreign Affairs in Paris last November (click here for the short video), the project developments included the production of research papers on each of the model’s pillars, an internal meeting convened in Paris, on June 4th, by OECD Legal Department, jointly with the OECD Development Center with several directorates and divisions, for an update on the progress of the project and plans for the way forward. 

 

On June 16th, the project has been presented and discussed during the 13th Annual Green Economics Institute Conference, in Oxford (UK). 

The Italian Notary Association has recently published on its online journal FEDERNOTIZIE an article (in Italian) on the project (click here for the article). 

 

Thanks to the financial support from the French government and the intellectual contribution of many partners the research papers on social sustainability and environmental sustainability are currently under internal peer-review and will be disseminated on September 17 in occasion of the Colloquium on the “40 years of OECD Guidelines, the PACTE and the HCBM”. The Colloquium is co-organized by the World Bank Legal and Integrity vice-presidencies, OECD Legal and Development Center, the French Ministry of Economy and Finance. 

During the second half of October, UNIDROIT and University of Florence will co-organize in Rome a workshop to present and discuss the research paper on Legal Framework, developed under their co-leadership.

A team of integrity experts is developing a research paper on the Ethical and Integrity component of the HCBM. A draft version is currently under internal peer review.

LUISS University is leading the development of the research paper on the Procurement component of the HCBM. A draft version will be circulated internally for peer review by mid-September.

LUMSA University is leading the development of the research paper on the Financial Instruments. A draft version will be circulated internally for peer review by end of August.

The George Washington University is leading the development of the research paper on the Fiscal pillar. A draft version will be circulated internally for peer review by mid-September

 

In the framework of the project Millennium, launched by the Ministry of Economy of Chile, the Universidad Autonoma de Chile, in collaboration with the OECD Development Center and the World Bank Legal Vice-Presidency, will organize the in Santiago (Chile) at the end of November, a workshop for the presentation of the HCBM and a consultation with representatives from the private sector. 

Read More 

 

 

Conselho                                             MPES

TWG - Empowerment & Equity for Diverse Communities, Environmental and Natural Resources Law, Governance and Anti-corruption Law  

The Impact of Orders from Inter-American Court of Human Rights in Internal Policies 

Juveniles Deprived of Liberty in Brazil.

 

This article aims to show how the provisional measures ordered by the Inter-American Court of Human Rights positively impacted Brazilian public policies related to juveniles deprived of their liberty. 

Author: Andrea Teixeira de Souza 

Fulbright Scholar-H.H.Humphrey Program at WCL/AU 

Public Prosecutor in Brazil– MPES; 

Auxiliary Member at the National Council of 

Public Prosecution Office in Brazil– CNMP 

Read More 

 

ACT

 

Launch of the most important international research project on Artificial Intelligence and Justice.  

Gathering the Leading Experts in Montreal for 6 years of Research 

The Cyberjustice Laboratory is pleased to announce the ACT (Autonomy through Cyberjustice Technolo- gies) research partnership. Led by Professor Karim Benyekhlef, Director of the Laboratory, and funded by the Social Sciences and Humanities Research Council of Canada’s (SSHRC) Partnership Grants pro-gram , ACT aims to increase access to justice through the use of artificial intelligence (AI). 

Read More 

 

ECCO

NEW CHALLENGES FOR ECONOMIC COMPENSATORY MEASURES INTO INTERNATIONAL PUBLIC PROCUREMENT 

Globalization is transformative in economic, political and social terms. It broadens worldwide existing economic prospects and opens up countries to the growing world market, often revolutionizing their economies. 

 

In this context, the economic compensatory measures into international public procurement is a growing phenomenon in international trade and is probably one of the most important forms of international cooperation, development and regulation of globalization. 

 

The term is widely used to describe efforts undertaken by countries and entreprises to set up an economic, scientific or technological cooperation program. It is a way to develop national industries, to encourage technologic and industrial development. 

This involves a framework agreement covering several separate transactions, including transfer of goods and services, transfer of licenses, supply of factories and production lines, subcontractor production, transfer of technology, co-production. 

 

Over the last twenty years, there have been many examples of cooperation agreements. Such transactions increased today. The Weight of the economic compensatory measures into international public procurement represent today’s in the Global Economy is estimated at 800 (eight hundred) billion USD/year. 

 

Since the last 3 years, the work of the COP aims to facilitate the identification, discussion, production and/or sharing of innovative and customized legal and institutional tools on economic compensatory measures to address global, regional or national development challenges. Today we propose a comprehensive draft to create a model law based on the UNCITRAL Model Law for public procurement. 

 

The text is now open for any comments, additional part and suggestions until end of September 2018 in order to propose to UNCITRAL to finalise a global text on international public procurement, what has never been done until now: new challenge in a renewed global geopolitical context. 

 

Any comments to be send to: chantal.dagnaud@ecco-offset.eu  

To read the draft click on 'read more' below or access: http://www.globalforumljd.org/new  

 

Read More 

 

Featured Partners

 

MPMG

MPMG - Public Ministry of Minas Gerais State 

Brazil 

The Public Ministry is a sui generis institution of the Brazilian legal system, which has operational independence as well as an independent budget. The Brazilian Constitution defines its function as that of “defending the juridical order, the democratic regime and the inalienable social and individual interests”. It is, therefore, an organism designed to represent society’s interests in the judicial sphere. 

The Public Ministry distinguishes itself from similar institutions from around the world, which have as its primary function prosecuting criminals in national courts. The Public Ministry’s mandate, however, is much broader. We have the autonomy to act from the beginning of the conflict, making sure that police investigations are being conducted in strict accordance to the law, negotiating directly with the parties involved and even participating in alternative dispute resolutions, such as negotiations and mediation. Furthermore, the prosecutors from the Public Ministry act in several areas other than criminal law, such as civil law, family law and environmental law. 

Read More 

 

 

UNIDROIT

 The International Institute for the Unification of Private Law (UNIDROIT) has been a partner in the GFLJD for many years. As a GFLJD partner, UNIDROIT is involved in different manners in the Forum: http://www.globalforumljd.org 

 

- UNIDROIT is an intelectual member of the GFLJD Steering Committee. 

 

- UNIDROIT actively involved in the “Human Centered Business Model”- HCBM project as co-leader for Pillar 2 on the Legal Framework and Governance, and organised a Conference in Rome in February 2017. 

 

- UNIDROIT created a “Community of Practice on Contract Farming” linked to our former “Community of Practice on Legal Aspects of Contract Farming” and in this context, had organised (together with partners) two events in 2015 at GFLJD meetings, and now is requesting changing the scope – and title - of our CoP into: “Community of Practice on Private Law and Agricultural Development”. The purpose would be to link up this activity with the various topics of UNIDROIT work and instruments in the agricultural area – reflecting the content of our dedicated webpage: www.unidroit.org. 

 

In addition to contract farming two other topics feature in the webpage: agricultural land investment contracts, and the financing of agricultural equipment. 

 

- UNIDROIT is presently preparing international rules on the two latter topics, and we shall organise a number of dissemination and consultation events in the coming months. We think that it would be very beneficial to give exposure to these events within the GFLJD and further develop cooperation with present and other potentially interested partner organisations or government entities. 

Read More 

 

LDI

Professor Y.S. Lee, Director of the Law and Development Institute, has published an article on law and development, entitled “General Theory of Law and Development”  

(Cornell International Law Journal, Vol. 50, No. 3). 

 

Although scholarship in law and development which explores the relationship between law and social and economic progress has evolved over the last four decades, this area of inquiry remains unfamiliar to many legal scholars, lawyers, and policy makers. Scholars have not yet been able to develop a theory that systematically explains the interrelationship between law and development, which would establish law and development as a robust and coherent academic field. This article attempts to fill this gap by presenting a general theory that defines the disciplinary parameters of law and development, and explains the mechanisms by which law impacts development. This article also demonstrates the validity of this general theory by applying it to an empirical case and also by explaining the development process of South Korea (1962-1996) under its analytical framework. The concept of development, which has traditionally been associated with developing countries, may also be extended to address economic problems in developed countries today. 

Read More 

 

Events Calendar

 

 

Event

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Event

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Secretariat Bulletin Board

 

GLOBAL FORUM ON LAW, JUSTICE AND DEVELOPMENT 2018 SURVEY ANALYSIS  

 

In March 27, 2018, the Global Forum Secretariat conducted a Survey aiming to reaffirm the interest of the Partners for the GFLJD. Thirty-five answers were collected in a one-month period. The Secretariat sent over two hundred emails with the survey link to all the partners. Please find below the main messages... 

 

Questions 17 and 18:

Regarding the focus of interest in keeping the participation at the GFLJD:

Question17

 

Question 21:

Regarding knowledge sharing, the partners express having material to make available on the Global Forum website, almost all the answers were affirmative: 

Question20

 

Question 22:  

The knowledge sharing material the partners expressed having to make available on the Global Forum website, are: 

Question22

 

Read More 

 

 

The Newsletter may contain links to external websites that are not provided or maintained by the GFLJD. The providers of the articles are responsible for their contents, errors or omissions in the materials.

 Thank you

 

 

 

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