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Sustainable Justice, A Social Responsible Focus on Innovation in Justice

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Part of the book series: Ius Gentium: Comparative Perspectives on Law and Justice ((IUSGENT,volume 67))

Abstract

Following the UN Conference on the Human Environment of 1972 and The Limits to Growth report published in the same year, an internationally coordinated, planned approach has ensured that thinking in terms of sustainability has penetrated all sectors of society. Social Responsibility , which is based on sustainable development , has become a determining factor for international companies and international organisations alike throughout the world. This change process has taken place relatively quickly and successfully, especially in business and international organisations and it is also beginning to take a hold in the judiciary. This Chapter discusses the substantive and organisational aspects of this development process. We have formulated universal core principles of Social Sustainability for the judiciary. These principles were derived from various Declarations and Development Goals by the United Nations, the Earth Charter , the OECD Guidelines , the ICC Business Charter, and the ISO 26000 Guidance on Social Responsibility. The Sustainable Justice Charter 1.0, which is co-signed by scientists and professionals with international influence from many parts of the world, is based on these principles. The authors have also examined the way in which the increasing complexity of social issues call for both a top-down and bottom-up organisation of the legal system to ensure that it functions successfully and in a sustainable manner. This Chapter highlights examples of socially sustainable justice system projects that have already been realised and also provides directions for successful mainstreaming of these and other sustainable justice innovations.

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Notes

  1. 1.

    A group founded in 1968 that consists of leading scientists, economists, industrialists and former politicians from all over the world who are engaged in global developments, conducting scientific research into future expectations.

  2. 2.

    An ambitious plan to resolve urgent issues before the end of the millennium and to prepare the world for the 21st century: See United Nations (1992).

  3. 3.

    This addition was derived from the Dutch version of ISO 26000. The English version of ISO 26000 may be formulated differently.

  4. 4.

    Note: The authors worked on the Dutch version of ISO 26000. It is therefore possible that there may be deviations from the English text of ISO 26000.

  5. 5.

    Based on and derived from OECD Guidelines II. A.11., A.12., OECD Guidelines II. Commentary on General Policies ad 14., ad 17., ad 18., ad 19., ad 20., OECD Guidelines VI. 6., OECD Guidelines VI. Explanation of the Environment 61, 62. 71.

  6. 6.

    Based on and derived from OECD Guidelines II. A.13., A.14., OECD Guidelines II. Commentary on General Policies ad 11., ad 12., ad 18., ad 19, ad 20., ad 22.

  7. 7.

    Based on and derived from OECD Guidelines II. Commentary on General Policies ad 2., ad 3., ad 5., ad 12., ad 23., ad 24., ad 25., OECD Guidelines V. Commentary on Employment and Industrial Relations ad 58. (among others), OECD Guidelines VI. 6. 7.

  8. 8.

    Based on and derived from OECD Guidelines II. B.2., OECD Guidelines II. Commentary on General Policies ad 23., ad 24., ad 25.

  9. 9.

    Based on and derived from OECD Guidelines II. A.10., II. Commentary on General Policies ad 14., III. 1.–4. Commentary on Disclosure 28. (and next), and VI. 1., 2., Commentary on the Environment 65.

  10. 10.

    Based on and derived from OECD Guidelines II. A 10., VI. 1., and VI. Commentary on the Environment 61., 62., 64.

  11. 11.

    The Dutch Ministry of the Interior and Kingdom Relations (BZK) is responsible for the Nederlandse Overheid Referentie Architectuur (NORA) [Dutch Government Reference Architecture]. The management of NORA has been delegated to the ICTU Foundation.

  12. 12.

    This expression was used by one of the pioneers of the Problem Solving Court movement interviewed by A.F. de Savornin Lohman in 2009.

  13. 13.

    See Marchetti (2009) for an explanation of Indigenous Sentencing Courts.

  14. 14.

    These and similar statements were often expressed by Aboriginal Elders, Aboriginal Justice Coordinators and Aboriginal Liaison Officers, during informal discussions taking place after the Indigenous Sentencing Courts sessions that Alexander de Savornin Lohman attended in 2010 in Port Adelaide (SA), Shepparton (Vic), Rockhampton (Qld) and Nowra (NSW).

  15. 15.

    See also the Smarter Sentencing Acts of 2013 and 2015 in the USA.

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Correspondence to Alexander F. de Savornin Lohman .

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de Savornin Lohman, A.F., van Straalen, J. (2018). Sustainable Justice, A Social Responsible Focus on Innovation in Justice. In: Sourdin, T., Zariski, A. (eds) The Responsive Judge. Ius Gentium: Comparative Perspectives on Law and Justice, vol 67. Springer, Singapore. https://doi.org/10.1007/978-981-13-1023-2_6

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  • DOI: https://doi.org/10.1007/978-981-13-1023-2_6

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  • Publisher Name: Springer, Singapore

  • Print ISBN: 978-981-13-1022-5

  • Online ISBN: 978-981-13-1023-2

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