The International Organization for Judicial Training

About the International Organization for Judicial Training 
The International Organization for Judicial Training (IOJT) was established in 2002 in order to promote the rule of law by supporting the work of judicial education institutions around the world. The mission of the IOJT is realized through international and regional conferences and other exchanges that provide opportunities for judges and judicial educators to discuss strategies for establishing and developing training centers, designing effective curricula, developing faculty capacity, and improving teaching methodology.

JUDICIAL EDUCATION AND TRAINING 
Journal of the International Organization for Judicial Training

The journal Judicial Education and Training publishes topical articles on the education and training of judges and justice sector professionals around the world. This journal aims to stimulate a community of learning in judicial education by showcasing selected papers presented to the biennial conferences of the International Organization for Judicial Training (IOJT). Additionally, it solicits original research, practical experience, and critical analysis on issues and trends in judicial education. It also provides a medium for informed discussion, the exchange of professional experience, and the development of knowledge in judicial education for a global readership. Contributions are invited from chief justices and senior judges, judicial educators and academic researchers with an interest in this field. Earlier issues of this online journal may be found at: http://www.iojt.org/journal/page~journal.html.

7th IOJT Conference to be Held in Recife, Brazil

November 8-12, 2015

Conference Site

NEW in Juris Diversitas Series: The Diffusion of Law

The Diffusion of Law

The Movement of Laws and Norms Around the World

• Edited by Sue Farran, Northumbria Law School, UK, James Gallen, Dublin City University, Ireland, Jennifer Hendry, University of Leeds, UK and Christa Rautenbach, North-West University, South Africa
• In considering diffusion from a global perspective, this book provides timely new insights into its application in a variety of fields and at many levels of both legal and non-legal orderings. This collection contributes to the wider theoretical debate concerning the movement of law and legal norms by engaging with concrete examples of legal diffusion, in jurisdictions as diverse as Albania, the Czech Republic, Poland and Kuwait. These examples, taken together, provide a comprehensive illustration of the theoretical debates concerning the diffusion of laws and norms in terms of both process and form.
  
  This international, multi-disciplinary and multi-methodological volume brings together scholars from law and social science with experience in mixed and hybrid jurisdictions, and advances the conversation about legal and normative diffusion across the academy. It represents a robust challenge to many preconceived ideas about legal movement and, as such, will be of interest to academics and students working in the fields of Law, Sociology, Anthropology, Political Science, Legal Education and comparative method.
• More information on the book

Call for Papers, Human Rights in Translation, St. Louis, March 31--April 1, 2016

"Human Rights in Translation: Intercultural Pathways" conference at Saint Louis University's Center for Intercultural Studies, St. Louis, March 31--April 1, 2016. 

When defining human rights, we often invoke certain beliefs--deemed to be universal--on which such rights are based: dignity inherent to every person, common humanity, and natural state of liberty. However, the norms and values of many cultures are incommensurable, or even incompatible, with these "universal" principles.

One way out of this quandary, rooted in the concept of organic wholeness of humanity, has been to call for a convergence of world cultures around the universal idea of human rights, presumed to be shared by all people at a "deeper" level. The problem with this view is that homogenizing world cultures implies eradicating their diversity, in itself a denial of the right to uphold one's culture. Another solution has been to acknowledge the cultural differences in interpreting human rights, and to treat them as mere variations of the basic, universal set of standards. This approach necessitates drawing a line beyond which the universal would be invalidated by the local, a problematic undertaking at best. Both methods tend to assume timeless universality, and thus run the risk of ahistoricism.

The goal of this conference is to encourage reflection on the intercultural translation of human rights. Instead of using such rights as yardsticks to measure diverse cultures on compliance with them, we welcome papers that translate the differences between cultures through the prism of human rights, illuminating different cognitive contexts that produce different meanings of rights, identifying spaces of intercultural crossing where differences can coexist, and offering usable narratives and metaphors that could serve as interfaces between distinct cultures. Ideally, these translations should view human rights not as an integral and finite goal but as a dynamic process of trying to achieve them.

Proposals should include: a one-page abstract of the paper, with a title and name of the author; the author's brief curriculum vitae; postal address; email address; and phone number.  Complete proposals should be emailed as attachments in MS Word to: Mary Bokern at bokernmp@slu.edu with a subject line "Human Rights in Translation"." The deadline for submissions is December 1, 2015.

Deciphering a Civil Code, Alain Levasseur

Deciphering a Civil Code

Sources of Law and Methods of Interpretation

by Alain A. Levasseur

The primary purpose of this book is to dispel some misunderstandings —  or even erroneous views — on what a “code” is and, more specifically, how one can work with a “civil code.” The text explains that in a civil law system, codification is the product of the combination of three sources of law: legislation, jurisprudence or court cases, and doctrine or legal scholarship. It then analyzes the many different methods of reasoning and interpretation that can be used under a civil code and illustrates these methods as applied to code articles and to three decisions of the Louisiana Supreme Court. Thus, the book explains and justifies the “long lasting life” of civil codes, particularly the French Civil Code of 1804 (also referred to as the Code Napoléon) and the Louisiana Civil Code of 1825. 

Dean Search at Louisiana State University

LSU Law Center

From its founding in 1906, the Law Center has offered its students a legal education recognized for its high standards of academic excellence, an outstanding teaching and research facility, and integrated programs in Louisiana civil law and Anglo-American common law. All LSU Law graduates receive a Juris Doctor, and students may also earn the optional Graduate Diploma in Comparative Law in recognition of extensive, optional coursework in the civil law. Learn more about the LSU Law Center here. 

http://sites01.lsu.edu/wp/lawcenterdean/ 

Opinio Juris in Comparatione

Opinio Juris in Comparatione Vol. I, n.1, 2015 is online

We are pleased to announce the publication of new Issue of Opinio Juris in Comparatione Vol. I, n. 1, 2015  Opinio Juris in Comparatione is an electronic full Open Access Journal devoted to “Studies in Comparative and National Law”. It aims at enhancing the dialogue among all legal traditions in a broad sense. The intent of diffusing contributions on national law, as well and not only to focus on comparative issues, is to expand access to foreign legal materials and ideas to those who do not already have access to the traditional avenues (such as journals in the language of the explored legal system). For more information, please visit our website www.opiniojurisincomparatione.org.

Table of Contents

Articles

Right for Conciliation and Family Welfare Alessandra Pera, Marina Nicolosi

European Citizenship, Fundamental Rights and Private Law: Towards a New Model of Social Inclusion Federico Della Negra

Lezioni Pisane di Diritto Civile

Meeting the Challenge: Codifying Civil Liability Law. The Examples of China, Brazil and Russia Gert Brüggemeier

Selected Conference Proceedings

Crowding It the Cloud, Data Protection and Permissible Business Models - Conference "Getting around the cloud(s) - Technical and legal issues on Cloud services” Célia Zolynski, Romain Perray

I Soggetti Coinvolti nel Trattamento dei Dati Personali nel Cloud Computing: la Rottura del Dualismo Controller-Processor- Conference "Getting around the cloud(s) - Technical and legal issues on Cloud services” Gianclaudio Malgieri

The EU’s Right to be Forgotten as Applied to Cloud Computing in the Context of Online Privacy Issues- Conference "Getting around the cloud(s) - Technical and legal issues on Cloud services” Francesco Lazzeri

News and book reviews

Master of Arts in International Relations- Curriculum International Trade - Università degli Studi di Palermo Editorial Team Opinio Juris in Comparatione

The Impact of Corruption on International Commercial Contracts

Editors: Bonell, Michael Joachim, Meyer, Olaf (Eds.)

Book Series: Ius Comparatum - Global Studies in Comparative Law, Vol. 11

This volume presents national reports describing the legal instruments that are available to prevent the payment of bribes for acquiring contracts. Anti-corruption is one of the preeminent issues in the modern global commercial order and is tackled with the help of criminal law and contract law in different ways in different countries. The reports included in this volume, from very diverse parts of the world, represent a unique and rich compilation of court decisions, doctrinal discussions and a pool of suggested solutions. The central theme is the enforceability of three problematic types of contracts: the bribe agreement, whereby a bribe payer promises the agent of his business partner a personal benefit in exchange for favourable contract terms; the agreement between a bribe payer and an intermediary (a “bribe merchant”), where the latter offers his expertise to help funnel bribes to agents of the business partner; and finally, the contract between the bribe payer and his business partner which was obtained by means of bribery. The analysis is tailored toward commercial contracts, which can also include contracts with state-owned enterprises. The examination and comparison of international and national initiatives included in this volume advance the discussion on the most appropriate remedies in corruption cases, and show how to get past the boundaries of criminal, private and contract law.

Disgorgement of Profits

Gain-Based Remedies throughout the World

Editors: Hondius, Ewoud, Janssen, Andre (Eds.)

Book Series: Ius Comparatum - Global Studies in Comparative Law, Vol. 8

Disgorgement of profits is not exactly a household word in private law. Particularly in civil law jurisdictions – as opposed to those of the common law – the notion is not well known. What does it stand for? It is best illustrated by examples. One of the best known being the British case of Blake v Attorney General, [2001] 1 AC 268. In which a double spy had been imprisoned by the UK government before escaping and settling in the former Soviet Union. While there wrote a book on his experiences, upon which the UK government claimed the proceeds of the book. The House of Lords, as it then was, allowed the claim on the basis of Blake’s breach of his employment contract. Other examples are the infringement of intellectual property rights, where the damages of the owner are limited, but the profits of the wrongdoer immense. In such cases, the question arises whether the infringing party should be disgorged of his profits.

This volume aims at establishing the notion of disgorgement of profits as a keyword in the discourse of private law. It does not purport to answer the question whether or not such damages should or should not be awarded. It does however aim to contribute to the discussion, the arguments in favour and against, and the organisation of the various actions.

Gerapetritis, George

Affirmative Action Policies and Judicial Review Worldwide

Book Series: Ius Gentium: Comparative Perspectives on Law and Justice, Vol. 47


This book discusses affirmative action or positive discrimination, defined as measures awarding privileges to certain groups that have historically suffered discrimination or have been underrepresented in specific social sectors. The book’s underlying rationale is that one cannot place at the same starting point people who have been treated differently in the past because in this way one merely perpetuates a state of difference and, in turn, social gaps are exaggerated and social cohesion is endangered. Starting out with an introduction on the meaning and typology of affirmative action policies, the book goes on to emphasise the interaction of affirmative action with traditional values of liberal state, such as equality, meritocracy, democracy, justice, liberalism and socialism. It reveals the affirmative action goals from a legal and sociological point of view, examining the remedial, cultural, societal, pedagogical and economy purposes of such action. After applying an institutional narrative of the implementation of affirmative action worldwide, the book explains the jurisprudence on the issue through syntheses and antitheses of structural and material variables, such as the institutional recognition of the policies, the domains of their implementation and their beneficiaries. The book eventually makes an analytical impact assessment following the implementation of affirmative action plans and the judicial response, especially in relation to the conventional human rights doctrine, by establishing a liaison between affirmative action and social and group rights.. The book applies a multi-disciplinary and comparative methodology in order to assess the ethical standing of affirmative action policies, the public interests involved and their effectiveness towards actual equality. In the light of the above analysis, the monograph explains the arguments considering affirmative action as a theology for substantive equality and the arguments treating this policy as anathema for liberalism. A universal discussion currently at its peak.

CONFRONTING TERRORISM: QUO VADIS AFRICAN UNION?

Combating terrorism in Africa seems to be a mission impossible despite numerous anti-terrorism laws in existence. Africa has a union, known as African Union (AU), comprised of independent States in Africa, except Morocco. It has a notable anti-terrorism law, known as the OAU Convention on Prevention and Combating of Terrorism and other national anti-terrorism laws in existence in its Member States nations.

Despite all these anti-terrorism laws, including the Plan of Action for the Prevention and Combating of Terrorism and the Protocol to the OAU Convention on the Prevention and Combating of Terrorism in existence, terrorist acts are on the increase daily on the continent.

This book reviews the afore-mentioned OAU (AU) Conventions on Prevention and Combating Terrorism and also identifies its deficiencies and analyzes its inefficacies in preventing and combating terrorism in Africa. It also reviews Member States’ compliance with International Law and UN requirements for combating terrorism and their response to the Convention. It, therefore, argues that terrorism will be better combated on a regional level rather than leaving it to the individual Member States; thus recommending, for effective means of combating terrorism, AU should establish a regional court vest with the jurisdiction of terrorism on the Continent of Africa.

Dr. (Mrs) Chinyere Christiana Okpala Chukwuka was born in Nigeria. She obtained an LL.B. (Hons) from Nnamdi Azikiwe University, Awka, Anambra State of Nigeria and B.L from Nigeria Law School, Abuja, Nigeria. She was admitted to the Nigerian Bar in 2003. She practiced law in Nigeria for a few years before proceeding to Whittier Law School, where she obtained an LL.M in American Legal Jurisprudence with Certification in International Law. Afterwards, she obtained an SJD in International Legal Studies from Golden Gate University School of Law.

Ebook available (ISBN: 9781600422737 | $ 29.95)  Purchase ebook