At Home Abroad: Friendship First

Joseph Nadeau

Description

The authors of this book - judges, lawyers, educators, researchers, and administrators - provide personal insights into international cooperative efforts to promote the rule of law in emerging democracies throughout the world. The progress made and the challenges ahead are described with equal doses of idealism and reality. It has been said of many reform efforts that they are not for the faint of heart. Readers will soon discover that the authors of this book are of stout heart. With more than one hundred and fifty years of combined experience, the writers' accounts serve as a roadmap for those who wish to follow in their footsteps and will truly help them to feel at home abroad.

Sujets

• Droit et juridique

Informations

• Publié par: Austin Macauley Publishers
• Date de parution: 29 mars 2019
• Nombre de lectures: 0
• EAN13: 9781645366270
• Langue: English
• Poids de l'ouvrage: 9 Mo

Extrait

At Home Abroad: Friendship First
A Look at Rule of Law Projects and other International Insights
Joseph Nadeau
Austin Macauley Publishers
2019-03-29
At Home Abroad: Friendship First About the Author Dedication Copyright Information Acknowledgments Preface Foreword Introduction Chapter 1: Beginnings Chapter 2: Revival from a “Burnt-Out Case” Leads to International Law and an International Judicial Academy Chapter 3: Short Stories Chapter 4: Judges and the Rule of Law Chapter 5: The Challenge of International Judicial and Court System Reform Chapter 6: Human Development Chapter 7: Time Abroad Chapter 8: Switzerland’s Experience in Justice Support Chapter 9: One Rule of Law Project in Post-Soviet Russia Chapter 10: Small Things Do Matter Chapter 11: The Brandeis Institute for International Judges Fifteen Years On: Promoting Cross-Court Dialogue and a Shared Professional Identity Chapter 12: Judges of the World Chapter 13: Endings Conclusion Epilogue Brief Bios of Our Authors
About the Author
Justice Nadeau is a graduate of Phillips Exeter Academy, Dartmouth College, and Boston University School of Law. He was appointed Associate Justice of the New Hampshire Superior Court in 1981 and served as Chief Justice of that court from 1991 until he was appointed an Associate Justice of the Supreme Court in 2000. He retired at the end of 2005 to continue twenty-five years of international judicial activities. He has participated in Rule of Law programs in Albania, Algeria, Armenia, Bulgaria, the Czech Republic, Egypt, Indonesia, Japan, Jordan, Kazakhstan, Latvia, Poland, Slovakia, the Soviet Union, and Ukraine.
Dedication
Dedicated to the men and women everywhere who put country above self and who work tirelessly toward a community of nations.
Copyright Information
Copyright © Joseph Nadeau (2019)
All rights reserved. No part of this publication may be reproduced, distributed, or transmitted in any form or by any means, including photocopying, recording, or other electronic or mechanical methods, without the prior written permission of the publisher, except in the case of brief quotations embodied in critical reviews and certain other non-commercial uses permitted by copyright law. For permission requests, write to the publisher.
Any person who commits any unauthorized act in relation to this publication may be liable to criminal prosecution and civil claims for damages.
Ordering Information:
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Publisher’s Cataloging-in Publication data
Nadeau, Joseph
At Home Abroad: Friendship First
A Look at Rule of Law Projects and Other International Insights
ISBN 9781641828727 (Paperback)
ISBN 9781641828734 (Hardback)
ISBN 9781641828741 (Kindle e-book)
ISBN 9781645366270 (ePub e-book)
Library of Congress Control Number: 2019935094
The main category of the book: LAW / Essays
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Acknowledgments
Thanks to my wife, Catherine, for her encouragement during the writing, collecting, and editing of the book. Thanks to our daughters, Tina, Diana, and Briana, for their suggestions and support.
A heartfelt appreciation to all the authors for their contribution to the book and for their work in the field.
And thanks to Dr. James Apple for his special contribution.
I would also like to acknowledge my friend and retired University of New Hampshire professor, Dr. James Jelmberg, who gave me the idea for this collection.
Preface
The inspiration for this book came from over twenty years of involvement in programs sponsored by the United States Agency for International Development (USAID), both as an American Bar Association (ABA) volunteer and after retirement, as a paid judicial specialist.
The authors of these chapters represent over two hundred years of international commitment to universal principles of justice, and their work has helped to promote an understanding of the importance of the rule of law and the independence of the judiciary. The unique perspective of each author is typical of the impact working internationally can have upon everyone involved. The experiences of each demonstrate that Americans working in other countries are not the only ones who are at home abroad.
As government leaders debate the role of the United States in international affairs, I hope this book will help to demonstrate why it is important to continue programs like those supported by USAID. With its successes and its challenges, promoting the rule of law at home and abroad is not an easy task. Cooperative efforts may take time to produce results, but they do have promise. People participating in these programs establish lasting relationships, promote mutual respect, and help to keep their nations at the forefront of international development.
I asked the American authors to write about their work in emerging democracies to highlight programs promoting rule of law principles. Most of us have spent our professional lives advocating for the principle of the rule of law at home and abroad. We all focused on fundamental concepts that form the basis of a healthy democracy; a free press, transparency in government, combatting corruption, separation of powers, equality of branches of government, and an independent judiciary.
When I began this project, I had no idea that these very principles might be at risk in our own country. Until now, I have never felt that we were in peril of losing our reputation as a shining example of how democratic institutions function.
Maybe the lessons we all learned from our international work will provide valuable assistance to those who labor not only to advance the rule of law, but to preserve it here as well.
So, for those who believe it useful to express a vision of any great country in simple slogans, I would like to suggest these:
The Rule of Law First.
Friendship First.
At home.
And abroad.
Joseph Nadeau
January 20, 2019
Foreword

United States Agency for International Development – Mission
USAID’s efforts directly enhance American – and global – security and prosperity. The United States is safer and stronger when fewer people face destitution, when our trading partners are flourishing, when nations around the world can withstand crisis, and when societies are freer, more democratic, and more inclusive, protecting the basic rights and human dignity of all citizens. By focusing on these two goals, together, we position ourselves to meet the challenges of today while mitigating the risks of tomorrow.
(www.usaid.gov/who-we-are/mission-vision-values)

Council of Europe – Aims
To protect human rights, pluralist democracy and the rule of law;
To promote awareness and encourage the development of Europe’s cultural identity and diversity;
To seek solutions to problems facing European society, such as: discrimination against minorities, xenophobia, intolerance, environmental protecting, human cloning, terrorism, human trafficking, organized crime and corruption, cybercrime, violence against children;
To help consolidate democratic stability in Europe by backing political, legislative, and constitutional reform.
(www.coe.int/en/web/sarajevo/objectives-mission)
Introduction

Medhat Al-Mahmood

Chief Justice Federal Supreme Court of Iraq
In my country, the history of judicial independence is still being written. Except in rare instances, the previous regime, which fell on April 9, 2003, deliberately isolated all segments of the Iraqi people, particularly the judiciary, from communication with, and knowledge of events in, the outside world. It did not permit Iraqi judges to leave Iraq to become acquainted with foreign judges, their ways of dealing with litigants and litigation, or even their protocols, culture, and environment. The previous regime feared that Iraqis who left the country would see what was going on in the world and realize that the regime was not allowing them to live – or even come close to living – a full, humane life.
I was appointed acting Minister of Justice on June 17, 2003. At that time, I sensed the isolation that Iraqis had endured as well as a desire and willingness on the part of international organizations to help Iraqis, particularly judges and public advocates (sometimes mistranslated as public prosecutors), become knowledgeable about the workings of foreign judiciaries. I conveyed this sense to the United States Agency for International Development (USAID) and the U.S. embassy in Baghdad.
Thereafter, we coordinated with the Higher Judicial Council to plan a project that would involve sending judicial delegations to the advanced countries and organizing activities in Iraq to improve the professionalism and performance of judges. Many organizations worked together on these initiatives. From 2003 to 2014, close to 1000 judges were sent on study missions abroad. This was an excellent experience for them. They may not have absorbed everything in Europe, America, or even the Arab states, but they were exposed to the experiences of foreign judiciaries and to judicial proceedings in the developed world.
In 2005, I took a delegation of senior judges to a program in Bratislava, Slovakia, conducted by CEELI of the American Bar Association. There I met and worked with Justice Nadeau and Mr. Zimmer to draft possible provisions in the new constitution that would help enhance the independence of the judiciary. Full independence like that in the U.S. is not yet possible in my country but we have been working toward that goal.
We continued this approach with the cooperation of international organizations, sending abroad many judges at the expense of those organizations, rather than at the expense of the Iraqi judiciary, as funding was