The Role of Justice in Promoting Business Environment

Promoting justice performance is a constant process which requires collective commitment and a strong determination besides a sincere will.  At present, justice systems need to cope with a multitude of challenges and stakes, such as training justice actors, strengthening confidence of the judiciary, and developing justice in a way that best matches the duty of safeguarding rights and freedoms, and preserving the society’s values.

It is the right of the citizen and the duty of the State to develop justice and improve its performance. Actors of justice and human rights fields are required to interact with confidence to enhance the judiciary through its various constitutional, legal, administrative, social and economic dimensions, and to deal realistically with all the opportunities and possibilities available to overcome difficulties, face challenges, attain the highest goals, and enhance coordination, cooperation and constructive dialogues in order to ensure the optimal management of the judiciary,   and the time of its administration, in addition to applying the best practices and principles of transparency and efficiency, and facilitate fluid and simplified access to law and justice in according to the universal dimensions, which have to go hand in hand with improving and developing business environment and stimulating investment.

The professionalism, mobility and speed of circulation which characterize the issues of finance and business are positively reflected on the positions of the judiciary and the quality of jurisprudence which aimed at contributing to the development and controlling business and trade in order to provide a safe environment for investment through  ensuring safety and flexibility of investment-related procedures, and encouraging alternative dispute resolution methods and through applying the principles that promote development, create legitimate competition, fairness and transparency, in commercial transactions to ensure the continuity of the enterprises and the protection of creditors.

In this context, the specialized judiciary jurisprudence in commercial cases and procedures dealing with the difficulties of enterprises presage promising prospects and constitute the indicator of an open judiciary capable of coping with developments and meeting external challenges associated with ensuring economic competitiveness in order to guarantee financial security and establish the investment confidence through respecting the companies’ internal regulations, and enforcing the international conventions on guaranteeing the rights of employees, ethicizing and clearing the field of notary, and implementing a tax justice that adopts the confrontational rules during taxation procedures.

Creating a secure space for investment and stability requires everyone, in their respective fields, to redouble their efforts and maintain constant dynamism and vigilance to keep pace with the mobility of capital, and the social and economic transformations that the world knows. This would achieve the efficiency and speed to which economic actors aspire, and embody the positive determined engagement in a sustainable, equitable and inclusive development paradigm that provides justice and decent living as the basic pillars for building a solid society.

Today, the judiciary is diligently and firmly determined to renew visions and perceptions through its jurisprudence aimed to implement the principles that encourage development in accordance with an open judicial approach, which aims at helping enterprises with financial difficulties, protecting the national economy, contributing to the establishment of efficient business justice, improving governance and management systems, balancing and controlling business relationships by empowering them with flexibility, transparency and efficiency, and gaining the investor’s confidence and establish social peace.


Items to discuss :

  1. The role of justice in the protection of investment.
  2. The qualification of justice members and its relation to the promotion of business climate.
  3. Enhancing trust in the national justice is a guarantee for investment and capital attraction.
  4. Judicial efficiency in business.
  5. Management of judicial calendar and its impact on investment.
  6. Specialized justice and development.
  7. Role of Supreme Courts in achieving judicial security.
  8. Role of Public Prosecution in protecting the business climate.
  9. Communal proceedings as an investment protection mechanism.
  10. International Business Courts and efficiency.
  11. Role and prospects of alternative dispute resolution instruments in enhancing the business climate.

Stakes of Regional Groupings

Regional economic and political groupings are considered as the defining feature of the contemporary international climate. The requirements of sustainable development have always posed obligations on States to share their expertise, experience and resources through mutual cooperation mechanisms for the achievement of regional integration and complementarity.

Grouping is not limited to developing and emerging countries, but developed countries have always taken the lead to be the precursors of this approach, which has enabled them to abolish geographical boundaries, expand the size of common markets, and encourage the mobility of foreign goods and foreign capital. The great challenge facing any regional grouping today is to create harmony between a group of countries with multiple peculiarities, while preserving and developing economic, social and political relations between them. Hence, the role played by treaties and conventions in framing bilateral and multilateral relations within the international or regional groupings is then highlighted, including setting the legal bases, identifying the parties who would settle disputes and their jurisdiction, and avoiding problems and conflicts between the national laws of the Member States.

If economic integration constitutes the cornerstone of any regional grouping, legal complementarity is the starting point to achieve this goal. Indeed, each grouping includes States that may actually belong to different legal families with traditions and specificities that distinguish them from each other at the level of judicial and justice systems, which raises the question of national legal specificity and its relationship to the regional economic integration. This causes some reservations by States that wish to join the grouping, especially in terms of legal and judicial bases. In spite of the significant opportunities offered by regional economic integration, Member States are required to abandon national legal provisions and practices that have been in place for many years, and replace them with new ones, that may even limit the jurisdiction of their courts, or even make them fail to decide disputes of investment nature.

To address the above-mentioned concerns, it is necessary to modernize regional legal systems by unifying national laws and harmonizing them with laws of groupings, in addition to developing judicial systems in a manner that achieves judicial and legal security, enhances trust of investors in the host countries and contributes to the business climate by developing a successful and strong private sector, which would be capable of facilitating trade between countries.

Having said that, it is important to highlight that Axis IV is significant since it tackles a variety of important topics and issues related to stakes of regional grouping as well as laws and legal systems related to business and investments:

  1. Regional economic groupings: legal and judicial bases and pillars.
  2. Influence of regional groupings on national legal and judicial systems.
  3. Limits of State reserves to join regional groupings.
  4. Harmonization and unification of national trade laws as a prerequisite for  successful economic grouping which could attract foreign investment.
  5. Modernization of  the international legal system and the harmonization and standardization of trade laws at the international level.
  6. Economic groupings: controversy of harmonization of the national legal specificity with opportunities of regional economic integration.

Using Information Technology in Justice

Using modern information and communication technology in the field of justice can ensure tangible achievements and significant development that can lead to the effectiveness and efficiency of the public utility of the judiciary. Furthermore, IT is a factor which can improve profitability of all institutional partners involved and, therefore, provide users with good quality services.

Experience has proved that the integration of the digital dimension in the strategy of modernizing the “business justice”, actually provides realistic solutions that commensurate with the requirements of speed, transparency, quality and stability of jurisprudence based on the need to create a leading and strong national economic environment. International organizations in the global economy consider the digital transformation of business justice as a key driver in the dynamics of the business environment, making it an indicator of assessing the capability of “specialized reference courts” to “execute contracts”, as well as their role in reassuring enterprises and encouraging internal and external investment.

However, despite the increasing opportunities offered by the use of modern technology for the development of various areas of justice, including business justice, the complex technical nature of technology and the propensity of actors to maintain prevailing practices and customs, and the fears of predominance of the digital factor on the legal professionals, have made the engagement in digital transformation and its adoption as a strategic structure in the modernization of justice, and the progressing  of cautious and fragmented pace.

Therefore, the opening of the scientific debate on the issue of technology use in the field of justice and its relation to investment is of great importance, as it aims to increase reassurance of actors, clarify visions and choices, and highlight the expected benefits, and limit or reduce risks.

Regardless of the complexity of the topic and the novelty of its concepts and terminology and the diversity of mechanisms and techniques and their use in the field of justice, it is possible to address it in three main axes, each is linked to a set of objectives and pursued by justice systems.

The first axis is on the adoption of modern technology as a means to enhance transparency of justice and judicial services and improve access to law and the right to access to information. This objective could be achieved through the establishment of electronic platforms open to the public and enterprises, through publishing laws, procedures, proceedings, judgments and case-laws. Besides, the platform is providing electronic services to the public and the intangible management of litigation procedures for the judicial profession, and thus abolishing the adversary principle, as a traditional concept of litigation. Contrary to the common belief, modern technologies provide guarantees to preserve the integrity of information and data in circulation and to protect them from subsequent changes, unlike documents, records and paper archiving.

The second axis deals with the effectiveness and efficiency of justice. It encompasses everything related to the information systems and information infrastructure that enables the abandonment of paper supports and bypasses the slow and repetitive manual work. The comprehensive automation of internal procedures and proceedings in judicial establishments, and the adoption of the machine as the primary means of accomplishing work, are not only a tool for supporting decision, electronic production, circulation, storage, archiving and protection of information, but a pillar that enables the simplification of procedures and reduction of error margin, and thus help control and reduce court delays. It also gives the judiciary more time to focus on the core issues and ways to improve and enhance work.

The third axis is related to how justice can benefit from the developments of new generations of information technology, and its great potential to address the huge amount of available and stored legal and judicial data. The adoption of business intelligence software and its accurate data, indicators and leadership regulations have become an effective means available to all stakeholders for the suitable management of justice in all its components. Compared with traditional statistics, business intelligence enables the accurate diagnosis and identification of deficiencies or weaknesses in the functioning of justice, and human or material real-time needs. It is possible to undertake prospective studies of the justice transformations that will be demanded in the medium and long term. Along the same lines is the profound transformation promised by the access of artificial intelligence to justice. Computers with special algebraic systems are capable of self-learning and, if employed in the field of justice, they can produce memorandums, decisions and judgments automatically from their analysis of the huge data contained in the database; this is why it is necessary to address all issues related to the potential shifts in professions, values and institutional culture.


Items to discuss :

  1. The role of justice in the protection of investment.
  2. The qualification of justice members and its relation to the promotion of business climate.
  3. Enhancing trust in the national justice is a guarantee for investment and capital attraction.
  4. Judicial efficiency in business.
  5. Management of judicial calendar and its impact on investment.
  6. Specialized justice and development.
  7. Role of Supreme Courts in achieving judicial security.
  8. Role of Public Prosecution in protecting the business climate.
  9. Communal proceedings as an investment protection mechanism.
  10. International Business Courts and efficiency.
  11. Role and prospects of alternative dispute resolution instruments in enhancing the business climate.

Modernization of the Business Legal System

The business legal system is witnessing a continuous and accelerated modernization in a global economy which is characterized mainly by the development and expansion of international trade and the movement of international capital with a large and permanent movement. Indeed, commercial enterprises have crossed the borders and expanded their activities around the world in search of raw materials, cheap labor and markets in order to promote their products.

However, enterprises face the challenge of complying with national laws and regulations that differ from one country to another, posing a constant demand on international enterprises to develop their understanding of the types of legal systems that govern their operations before signing investment contracts, as well as their perception of the country’s culture, the behavior of its citizens, and the general political and economic environment.

On this basis, the legal system of the country, including business law, is of utmost importance to world trade and international corporations. The difference between legal systems would affect the attractiveness of a country as an external market or an appropriate area for investment, due to the nature of the trade practices control, the types of policies governing the economy, and the level of rights and obligations associated with commercial transactions, generally, the legal system governing business.

There is an urgent need to improve the legal framework to facilitate international trade and attract foreign investment, a good global knowledge of legal systems and rules thorough understanding of the legal rules governing contracts, in the field of trade, finance and business, which has become a necessity for international companies.

In addition, strengthening the harmonization of international trade laws with national laws, modernizing coordination through the preparation of legislative and regulatory texts in a number of key areas of commercial law, and the formulation of modern and equitable rules that respond to the accelerated development of trade transactions have become the priority of most countries involved in the dynamics of international economy and globalization, responding to the objectives and aspirations of the United Nations Commission on International Trade Law (UNICITRAL) and the World Bank efforts which have identified a set of indicators of doing business in several countries around the world and  measuring the extent to which the rules and regulations related to the business environment of countries match the specific indicators, therefore, becoming an incentive for countries to modernize their business legal systems.

On the other hand, bilateral and multilateral international conventions play an important role, concerning the development and protection of investments, the settlement of disputes, movement of capital, prevention of double taxation, use of alternative means of dispute settlement, and litigation, etc, in modernizing the business environment and preventing the negative consequences of the differences of legal systems between countries.

Thus, the greatest challenge remaining is to know how to harmonize the peculiarity of the national legal system of each country, which reflects its identity, civilization, history, culture and values with the need to keep pace with the international trading system to follow the evolution of the global economy with all its fluctuations and developments.

That said, the answer to the problems posed by the issues arising from the first axis, related to the modernization of the business legal system, would provide a multitude of solutions that would overcome the difficulties encountered at the national and international levels.


Items to discuss :

  1. Role of international agreements in investment protection.
  2. Dynamics of legal texts in a constantly evolving and developing business climate.
  3. The appropriateness of legal systems on trade and business issues with national and international requirements and contexts.
  4. The legislative initiative and its impact on the requirement for the amendments of investments related laws.
  5. The legal bases for the stimulation of  investment and provision of conditions for the prosperity of enterprises of all sizes.
  6.   Implementation of legal and institutional mechanisms for the qualification of enterprises and the stimulation of investment.
  7. The contribution of the criminal policy in improving the business climate (business criminal law).
  8. Role of economic actor in the legislative initiative, and its impact on the requirement for the modification of the legal system.
  9. The general economic system and its impact on the drafting of the business law.
  10. Modernization of legal system and legal security.