Presentation

The right to happiness is gradually emerging in the legal landscape, whether at the international level or in national laws. Formulated expressly or under other terms, this emerging right is reflected in a number of conventional, constitutional or legislative developments.

From the change in economic indicators to the full recognition of a right to well-being, often linked to the notion of sustainable development, the birth of this right shakes up legal traditions often anchored in the logic of economic growth. It suggests the prevalence of new priorities such as well-being, social equity, solidarity, the rights of future generations and even human dignity.

In this context, the creation of a legal journal dedicated to the right to happiness appeared as a means of disseminating innovative solutions formulated by international, national or local authorities around the world, whether through regulations, legislation, constitutional, jurisprudential, customary or even in the form of soft law tools. It also allows us to highlight the obstacles to the recognition of such a right, from both a theoretical and empirical point of view.

The approach underlying the creation of this journal is to include the right to happiness in the scientific landscape to accredit its reality and legitimacy, to bear witness to its vitality and the aspiration of contemporary societies to express a desire for renew the perception of the world.

1. Scope of the journal

The field covered by the Right to Happiness review can be defined from a geographical, thematic or even linguistic point of view.

1.1. Geographical scales understood

Happiness having no borders, there is reason to broadly understand the geographical scope of the review. Proposed articles may therefore relate to any standard, whether it emanates from an international or regional organization, a State, a local authority, customary authorities, or even private individuals (companies, associations , NGOs...). Indeed, the decentralization of decision-making is entirely part of the participatory approach, which constitutes one vector among others of the right to happiness.

We understand that the legal review of happiness therefore aims to cover reflections linked to international law, comparative law, national or sub-national rights.

1.2. The thematic field covered

The need for a legal journal dealing with happiness seems obvious as the notions of law and happiness are mutually ignorant.

The Right to Happiness Review therefore aims to fill this void to establish legal science as an architect of happiness in many branches of law. Indeed, the right to happiness must be considered as a transversal right which builds bridges between private law and public law towards a common goal. Legal approaches in favor of happiness can in fact arise in many areas belonging to both private law (civil law, labor law, social security law, company law, rural law, etc.) and public law ( fundamental rights, constitutional law, public finance law, environmental law, town planning law, etc.). The journal therefore welcomes contributions from a variety of fields.

1.3. Language

Innovative and pioneering, the Revue Juridique du Bonheur is a priori still the only legal journal entirely devoted to the right to happiness, whether in French or in English or Spanish. This observation leads to not limiting the articles to the French language and to welcoming articles in English as well as in Spanish, Hispanic legal literature (particularly South American) being particularly flourishing in this regard.

2. Organization and operation of the journal

2.1. The support

In order to promote optimal accessibility, the choice was made for an online journal, logically hosted on the OIB website.

2.2. Frequency

The frequency of publication of the journal is now annual. The ultimate goal is to reach a six-monthly schedule. Certain sections will be updated over time (law of life, law of the commons, documentary resources).

2.3. Rubrics

Like any journal, the Right to Happiness Review is structured into sections which evolve from one issue to the next: thematic file, in-depth (theoretical) articles, feedback, legislative news column(s) and/or or jurisprudential...

2.4. Reading/scientific committee

In order to establish the scientific credibility of the journal, it has a scientific direction and a deputy scientific direction (junior) and a scientific committee whose members will come from different branches of law and come from several country and which is composed of both academics and legal practitioners.

Editorial committee of the journal

Annoussamy David

Honorary Judge of India

Carine David

Professor of public law

Yamouna David

Honorary Lawyer

Vincent Geronimi

Professor of Economics

Franck Laffaille

Professor of public law

Jean-Pierre Marguénaud

Professeur de droit privé

Félicien Lemaire

Professor of public law

Jean-Pierre Marguénaud

Private law professor

Etienne Piaget

"PhD Student in Public Law

Eric Naim Gesbert

Professor of public law

Guylène Nicolas

Lecturer (HDR) in public law

Michel Prieur

Founder of the environmental legal review

Bruno Py

Professor of private law and criminal sciences

Kishor Uprety

International lawyer

Ornella Seigneury

Doctor of Public Law

Marthe Stefanini Fatin Rouge

Director of Research in Public Law

Recommendations to authors

1. Submission and evaluation of a contribution

1.1. SENDING CONTRIBUTION PROPOSALS

Manuscripts must be sent in electronic version to the following address: revuejuridiquedubonheur@oib-france.com They can be sent spontaneously by the authors for publications outside the files, respond to calls for contributions published on the journal’s website or to orders. All submissions follow the same evaluation procedure and must comply with the recommendations defined in this document. The manuscript must not exceed 60,000 characters (including spaces) unless exempted. Articles must be written in French, English or Spanish. Texts and documents will be delivered in Word formats for texts and tables. The original illustration files must be delivered, at the same time as the text, in JPG format (at 300 dpi for photographs).

1.2. SELECTION OF CONTRIBUTIONS

The journal only publishes original contributions which have not been previously published. The articles sent in their entirety are evaluated blindly by two members of the editorial committee. If necessary, external experts are called upon. The evaluation criteria concern substance and form. The final decision is made by the editorial director after advice from the evaluators. It is sent to the author as soon as possible. In the case of acceptances of publication with corrections, the author has a deadline notified to him to transmit the corrected version. Submissions accepted for publication subject to major modifications may be subject to a second internal evaluation. The editorial committee reserves the right not to publish the submission if the required corrections have not been made.

1.3. ASSIGNMENT OF RIGHTS

Authors who submit their articles to the journal agree to publish their articles free of charge. They transfer, free of charge and non-exclusively, the paper and electronic distribution rights which allow the free and open distribution of the journal. The authors retain the right to distribute, according to the terms of their choice, the articles published in the journal at the only condition, as required by legislation, is that the complete bibliographic references mentioning the journal appear. Authors can notably deposit the published version, in full text, on the university repository of their establishment.

2. Presentation of the contribution

2.1. CHARACTER FONT

The font used must be Times or Times New Roman, size 12.
Italics should be reserved for foreign words and titles of works or periodicals. Bold should be reserved for titles and subtitles. Underlining should be avoided.

2.2. STRUCTURING THE CONTRIBUTION

The texts must be structured as follows:

• Title
• Firstname name
• Affiliation; function; e-mail; site
• Summary
• Keywords
• Translated title (in English and/or Spanish)
• Translated summary (in English and/or Spanish)
• Translated keywords
• Introduction
• 1.
• 1.1.
• 1.1.1.
• 1.1.2.
• 1.2.
• 1.2.1.
• 1.2.2.
• 2.
• ....
• Conclusion
•  

2.3. BIBLIOGRAPHICAL REFERENCES

Bibliographic and other references should be included in the footnotes. A bibliography must be placed at the end of the text.

3. Bibliography

Bibliographic references will be grouped at the end of the text. They must include all references mentioned in the text.
They will be presented according to the following instructions:

3.1. THE WORKS

Individual work

Full name, initials of the first author’s first name. and initial of the first name. full name of the next author (year). Title in italics, City of publication, Publisher, Collection.

• Prieur, M. (2014). Environmental law, Sustainable law, Brussels, Bruylant.

Collective work

Full name, first initials of the first director. & initial of first name. full name of next director (dir.) (year). Title in italics, City of publication, Publisher, Collection.

• Lemaire, F. (dir.) (2020). Thinking and building happiness: Crossed perspectives, Paris, Mare & Martin, Coll. Law and Political Science.
• Blaise, S., C. David and V. David (dir.)(2015). Sustainable development in Oceania, Towards a new ethics, Marseille, PU de Provence, Coll.Espace & Sustainable Development.

3.2. ARTICLES PUBLISHED IN MAGAZINES

Article in a paper magazine

Full name, initials of the first author’s first name. & initial of first name. full name of the next author (year). “Article title”, Journal name in italics, volume (journal number): pages.
• Naim Gesbert, E. (2014), “Physics of precaution. The writing of three essential theorems to see it differently”, Revue Environnement et Développement durable, n°12, 2014, p. 17-19.
• Prieur, Met L. Vassalo (2019). “The principle of non-regression and biodiversity?”, Revue Juridique de l’Environnemt, 44:499-503.

Article in an electronic journal

Full name, initials of the first author’s first name. & initial of first name. full name of the next author (year). “Article title”, Journal name in italics, URL: , journal number.

• Laffaille, F. (2019). “The right to animal happiness – The bear, Habeas Corpus and the ecocentric Constitution”, Revue Juridique du Bonheur, http://www.oib-france.com/la-revue-juridique-du-bonheu/le- right-to-animal-happiness, n° 1.

3.3. THE BOOK CHAPTERS

Full name, initials of the first author’s first name. & initial of first name. full name of the next author (year). “Title of the article”, in initials and name of the director(s) of the work (dir.), Title of the work, City of publication, Publisher, Collection.

• Nicolas, G. (2016). “Laws of the country in matters of public health: a skill to be conquered” in David, C. (dir.), Fifteen years of laws of the country, Aix-en-Provence, Ed. PUAM, 209-216.

3.4. ACCOMPANYING DOCUMENTS (TABLES, IMAGES, PHOTOGRAPHS, etc.)

All accompanying documents must be numbered and referred to in the text. Their exact location within the text must be specified. They must be sent in original format and their location must be specified in the text. Each document must be accompanied:

• a concise title;
• the name(s) of their author(s);
• sources (author’s last name, first initial, year of publication and page);
• Legend if there is one.

Submissions that do not meet the standards set out above will be returned to the author without review .

Generic call for contributions

The International Observatory of Happiness (OIB), whose main objective is to place happiness and the fundamental values ​​of humanity at the center of reflection, created the Revue Juridique du Happiness in 2019. It works for the full recognition of the right to happiness, to include it in the scientific landscape in order to accredit its reality and legitimacy, to testify to its vitality and the aspiration of contemporary societies for a renewal of the perception of world.

La Revue Juridique du Bonheur aims to disseminate innovative solutions formulated by international, national or local authorities around the world, whether through regulatory, legislative, constitutional, jurisprudential, customary or even in the form of soft law tools. Furthermore, the Revue Juridique du Bonheur wishes to welcome theoretical contributions to actively participate in the construction of a legal doctrine of happiness.

La Revue Juridique du Bonheur aims to welcome any publication proposal linked to law and happiness: contribution within the framework of thematic files, contribution on free themes, feedback, chronicle of legislative and/or jurisprudential news. It is also possible to report the publication of works or articles related to law and happiness or any legislative, constitutional or jurisprudential news which will feed the updating of the dedicated sections of the Revue’s website to offer people interested in questions of law and happiness a complete and up-to-date inventory.

The articles hosted by the Revue Juridique du Bonheur can be written in French, English or Spanish.

These proposals will be subject to an anonymized evaluation by two rapporteurs who are members of the Editorial Committee (or if necessary by external experts). A junior editorial committee composed of doctoral students and young doctors evaluates the students’ contributions.

Editorial guidelines are indicated in the “Submission” section.

Proposals should be sent to Carine David, editorial director, at the following address:

rjb@oib-france.com

Right to Happiness and Constitutions

Right to Happiness and International Law

Right to happiness and public policies

Right to happiness and Soft law

Contact

Presentation

September 2024: The Chronicle of Living Law is finally born after a long period of development!

Genesis

The International Institute of French Expression and Inspiration Law (IDEF) www.institut-idef.org successfully completed an outstanding task of compiling and formatting comparative case law in business law, which resulted in the drafting of the Annotated OHADA Code (Organization for the Harmonization of Business Law in Africa).

"Comparative case law helps to better understand the cultural differences and political choices underlying judicial decisions. It also contributes to the development and harmonization of international law." www.institut-idef.org/jurisprudences-compar%C3%A9es

The IDEF India association, the Indian section of this international institute, convinced that this work should be seen as a precursor to a broader cooperation task among jurists worldwide, decided to focus on a different field since business law was already addressed. The choice quickly turned to "human rights".

This is where the Indian specificity came into play. "Why only humans? That’s a narrow and restrictive, anthropocentric view," objected Reena Iswariya, a board member. It was thus decided to work on living law.

Preparatory Work

Several questions then arose: How to create an annotated code in this context? There is no reference text or principle of law that jurists from at least part of the world can refer to. While the agreement on the thing and the price can establish a contract is a rule that can certainly have variations but remains a reference, living law is too new for this format to be used.

We then wondered what is meant by living. Clara Guertin, then an intern at the EFB, worked on the issue, and a collaborative intelligence session was organized in Pondicherry on 13.11.2017.

It emerged that cultural differences were fundamental in the plurality of definitions to be retained, as the notion of a boundary is much more flexible for Indians, including jurists. For example, when asked whether a deceased person could be considered as living, the French responded "clearly not!" and the Indians "they are alive in a different way".

This workshop raised more questions than it provided answers, so reflections took the necessary time to mature. A "great cases of living law" format was considered but abandoned because it would only cover case law and litigation, leaving out laws and local regulations, as well as doctrine.

Thus, after much reflection, the Chronicles of Living Law were born. The next step was to find a captain to steer this new vessel through uncertain waters, as Professor Mercadal did for the Annotated OHADA Code, and to establish a framework for publication.

The Launch of the Chronicles

The Framework

There were convergences with the work and reflections of the International Happiness Observatory, whose Journal of Happiness Law, initially bilingual, then trilingual, was published online in 2019. Unanimously, the board members of the two institutions decided that it was within the framework of this international journal that they would develop and feed these Chronicles in partnership.

The Engine…

…as one is always needed, is Victor David in synergy with the members of the Scientific Committee and the members of IDEF India, an institution of which he is also a part. His skills and research field naturally designated him for this role.

Short biography

Born and raised in Pondicherry, Victor DAVID holds a doctorate in law and social sciences from the Université de Paris Sciences et Lettres/EHESS. He is a Research Fellow at the Institut de Recherche pour le Développement (IRD) and a Member of the Institut Méditerranéen de Biodiversité et d’Ecologie (IMBE). He is based in Marseille at the Faculty of Pharmacy at La Timone.

He studied law, political science, and British language and civilization at the University of Paris X Nanterre.

His current research activities and expertise focus on developments in environmental law, and he is a recognized specialist in the Rights of Nature field in France. His research also focuses on environmental health issues. Having lived for 20 years in New Caledonia, he is also interested in the rights of indigenous populations and in contexts of cultural and legal pluralism.

As part of its Voluntary Commitments to the United Nations Conference on the Oceans, Victor is also the IRD’s project leader for a feasibility study on the recognition of the Mediterranean Sea (2022 - #OceanAction46735) as a natural legal entity, with the MerMéd Project.

Since December 2022, he has been a member of the IUCN World Commission on Environmental Law (WCEL).

Crédits

Publication policies

Editorial definition

Title: Revue Juridique du Bonheur
ISSN electronic format: 2678-3312
Frequency: Annual
Year of creation: 2019

Publisher: Observatoire International du Bonheur

Copyright and distribution policy

Open access publication

Publication fee policy

Publication fee: no
Submission fee: no

Evaluation policy

Evaluation procedure: double-blind evaluation