June 16th – PILAGG : Global Challenges in Adjudication: Different perspectives

PILAGG : Global Challenges in Adjudication: Different perspectives

NOTE FOR EXTERNAL GUESTS (not from Sciences Po) : Due to security measures, access to this panel is limited to 10 external guests. If you intend to attend the seminar, please send an email to zeynep.yildirim@sciencespo.fr indicating your full name. Security officers will be provided with the list of participants, do not forget to bring a VALID ID. Thank you for your understanding. 

On 16 June 2016, in the framework of the Intensive Doctoral Week, Sciences Po Law School will hold a panel regarding Global Challenges in Adjudication.

The aim of the panel is to revisit contemporary issues in law and adjudication from different perspectives and in particular rethink the relationship between adjudication (in the broad sense) and law making in a global context through the following questions: How do international jurisdictions, from regional human rights courts to “privatized” adjudication like investment arbitration contribute to the creation of law in the fields concerned? Are we overstating or understating their work? To what extent can interests that are considered foreign to the rationale of these legal mechanisms be accommodated through adjudication (environmental issues before the WTO; security concerns before a human rights body; human rights before arbitrators)? If so, what are the tools (proportionality? mutual recognition? conflict of law mechanisms?)? Does it make sense in terms of legal practice to think in terms of specialised regimes (human rights law, trade law, business law)? Is there a global convergence in legal reasoning? Is it possible to respond to internal and external critique from within law?

The panel will take place with the participation of Professor Horatia Muir Watt (moderator), Professor and Judge Paul Lemmens, Professor Paul Berman, Professor Antonio Marzal on June 16th at Sciences Po Law School. Each participant would have about ten minutes for the questions put to them, with exchanges among the panel at the end of each. There would then be time for questions from the floor.

When? On Thursday 16th June, 2:30pm – 5pm

Where? At Sciences Po, 56 Rue des Saints Pères, 75007 Paris, Room B404

(If the door of the 56 is closed, enter through the 27, Rue Saint Guillaume, cross the hall towards the amphitheatre “Boutmy”, take on your left and cross the garden, and take the elevator on the left of the cafeteria to the 4th floor)

Contact: zeynep.yildirim@sciencespo.fr

May 20th – Private Regulation and the Rule of Law, by Joel Bakan

FRIDAY 20th May 2016: Prof. Joel Bakan (University of British Columbia)

NOTE FOR EXTERNAL GUESTS (not from Sciences Po) : Due to security measures, access to the PILAGG seminar is limited to 10 external guests. If you intend to attend the seminar, please send an email to damien.charlotin@sciencespo.fr indicating your full name. Security officers will be provided with the list of participants, do not forget to bring a VALID ID. Thank you for your understanding. 

The Invisible Hand of Law: Private Regulation and the Rule of Law

The early 1980s— when “politics and ideology . . . turned arse-over-tit,” as E.P. Thompson once described it— was, in the less colorful language of David Harvey, a “revolutionary turning point in the world’s social and economic history.” Law was not immune to the sweeping changes taking place. Until the 1980s, and over the previous half century, law had served (albeit unevenly and incompletely) as the main institutional vehicle for policing corporations in aid of public interests, thereby protecting people, communities, and the environment from corporate excess and malfeasance. Over the course of the 1980s and thereafter, however, law’s protective role began to diminish, and privately promulgated voluntary regimes, which we will call “private regulation”, emerged in its place.
Many private regulation advocates and commentators presume that globalization eviscerates state legal power, and prescribe, on that basis, that private regimes should take law’s place. This seminar shall challenges that presumption and prescription.
  • Discussant: Catalina Avasilencei (Paris I Sorbonne)
  • Paper available at: http://www.lawschool.cornell.edu/research/ILJ/upload/Bakan-final.pdf

When? On Friday 20th May, 2.30 – 5.30 pm

Where? At Sciences Po Law School, 13 rue de l’Université, 75007 Paris, Salle de réunion (4th floor).

April 1st – The World Order: Form and Substance in Comparative and International Law, by Pier Guiseppe Monateri

FRIDAY 1st April 2016: Prof. Pier Guiseppe Monateri (University of Torino)

NOTE FOR EXTERNAL GUESTS (not from Sciences Po) : Due to security measures, access to the PILAGG seminar is limited to 10 external guests. If you intend to attend the seminar, please send an email to damien.charlotin@sciencespo.fr indicating your full name (first come, first served). Security officers will be provided with the list of participants, do not forget to bring a VALID ID. Thank you for your understanding. 

The World Order: Form and Substance in Comparative and International Law

The Main Idea of this conference will be to use the methods of comparative law to try to link the ‘Spatiality’ of Jurisdictions to the rise of the ‘Modern Political’, through an ‘Ontological’ notion of ‘Style’, in order to derive a claim about the World Order which is directly opposite to that sponsorized by the World Bank.
The main point is that Legal Systems are not converging at all, and that there is in action a Clash of Legal Systems interrupting the flat political space of globalization. This clash derives from a political duality of the West, where, contrary to received ideas, the Common Law Systems display much more political activity than the actual Civil Law legal systems.
(the seminar, unusually, will start at 5:30pm)
  • Discussant: Prof. Geoffrey Samuel (University of Kent)

When? On Friday 1st April, 5.30 – 7.30 pm

Where? At Sciences Po Law School, 13 rue de l’Université, 75007 Paris, Salle de réunion (4th floor).

March 11th – Managerial Governance and the Mathematical Turn: Legal Indicators as Performance Measures, by Prof. David Restrepo

FRIDAY 11th MARCH 2016: Prof. David Restrepo (HEC Paris)

NOTE FOR EXTERNAL GUESTS (not from Sciences Po) : Due to security measures, access to the PILAGG seminar is limited to 10 external guests. If you intend to attend the seminar, please send an email to damien.charlotin@sciencespo.fr indicating your full name (first come, first served). Security officers will be provided with the list of participants, do not forget to bring a VALID ID. Thank you for your understanding. 

Managerial Governance and the Mathematical Turn: Legal Indicators as Performance Measures

Scholars from different disciplines increasingly point out to the governance role indicators tend to play in contemporary societies. Indicators have been described as “integral to the fabric of global governance” (Cooley 2015), a “technology of governance” (Davis, Kingsbury & Merry 2012),  “tools in the global struggle for law” (Lewkowicz 2014), “a mode of governance” (Frydman 2014; Engle Merry 2011), and even, for some of them, as “weapons of choice for the knights of investment climate discourse” promoted globally (Perry-Kessaris 2011). Global legal indicators grow in the vacuum of global legal authority as a means of conveying particular views of how organisations should arrange and conduct their affairs and as a way of monitoring implementation. This paper attempts to characterise the managerial mode of governance indicators promote and to analyse the mechanisms through which it generates legitimacy and reactivity to indicators’ measures (Espeland & Sauder 2007). It is argued that legal indicators are not standalone tools but integral to a performance management and control mode of governance. By looking at concrete indicators (e.g. S&P Ratings, Doing Business, World Governance Indicators, Legal Certainty Index), the paper will show the different phases of managerial governance and will discuss how indicators purport to shape a new understanding of law and a new mode of exercising authority at a global scale.

  • Discussant: Christiane Arndt (OECD)

When? On Friday 11th March, 2.30 – 5.30 pm

Where? At Sciences Po Law School, 13 rue de l’Université, 75007 Paris, Salle de réunion (4th floor).

Law and Migration / Refugee Governance – Hans van Loon

FRIDAY 26th FEBRUARY 2016: Hans van Loon

NOTE FOR EXTERNAL GUESTS (not from Sciences Po) : Due to security measures, access to the PILAGG seminar is limited to 10 external guests. If you intend to attend the seminar, please send an email to damien.charlotin@sciencespo.fr indicating your full name (first come, first served). Security officers will be provided with the list of participants, do not forget to bring a VALID ID. Thank you for your understanding.

  • “Law and Migration / Refugee Governance”
  • International migration is at the core of ongoing globalization that reinforces the push, pull and network factors at the root of movements of people around the world, seeking to improve their economic prospects (voluntary migration), or fleeing persecution, civil war, human rights abuses or climate change (forced migration). Yet, global governance for mobile people is conspicuously absent in respect of economic migrants, and incomplete for refugees and asylum seekers. In respect of the latter, the EU has taken steps to fill the existing gaps, but currently has great difficulties developing and implementing common policies that reflect its basic values and match Member States’ (MS) international obligations.The presentation will focus on three clusters of issues relating to the legal status (under administrative and civil law) of migrants from third countries to the EU: (1) the Common European Asylum System (CEAS): rationales and paradoxes; (2) (dis-) connections between the CEAS and PIL; and (3) cooperation with third countries – can PIL assist?
  • Before the Seminar: Declaration on the Legal Status of Applicants for International Protection from Third Countries to the European Union, European Group for Private International Law

When? On Friday 26th February, 2.30 – 5.30 pm

Where? At Sciences Po, 27 Rue Saint-Guillaume, 75007 Paris, Salle A11 (First stairs on your right, 1st Floor).

February 19th – Unpacking a ‘Not-yet-case’: FIFA as a transnational legal problem: litigation, advocacy and norm-creation, by Peer Zumbansen (King’s College)

FRIDAY 19th FEBRUARY 2016: Prof. Peer Zumbansen (King’s College)

NOTE FOR EXTERNAL GUESTS (not from Sciences Po) : Due to security measures, access to the PILAGG seminar is limited to 10 external guests. If you intend to attend the seminar, please send an email to damien.charlotin@sciencespo.fr indicating your full name (first come, first served). Security officers will be provided with the list of participants, do not forget to bring a VALID ID. Thank you for your understanding.

  • “Unpacking a ‘Not-yet-case’: FIFA as a transnational legal problem: litigation, advocacy and norm-creation”
  • The presentation will, in its first part, explore the promise and challenge of adding “transnational law” to the existing canon of legal doctrinal fields, on the one hand, and legal theories, on the other. In the second part, it will use the current scandal around corruption and labour rights violations by FIFA, the Fédération Internationale de Football Association, to discuss practical consequences of understanding law “as transnational”.
  • Paper, “Where the Wild Things are: Journeys to Transnational Legal Orders, and Back” http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2723990
  • Discussant: Prof. Jacco Bomhoff (London School of Economics)

When? On Friday 19th February, 2.30 – 5.30 pm

Where? At Sciences Po Law School, 13 rue de l’Université, 75007 Paris, Salle de réunion (4th floor).

December 4th – The Anonymous Matrix: Human Rights Violations by “Private” Transnational Actors, by Prof. Gunther Teubner (Frankfurt University)

FRIDAY 4th DECEMBER 2015: Prof. Gunther Teubner (Frankfurt University)

NOTE FOR EXTERNAL GUESTS (not from Sciences Po) : Due to security measures, access to the PILAGG seminar is limited to 10 external guests. If you intend to attend the seminar, please send an email to malik.touanssa@sciencespo.fr indicating your full name (first come, first served). Security officers will be provided with the list of participants, do not forget to bring a VALID ID. Thank you for your understanding. 

The Anonymous Matrix: Human Rights Violations by “Private” Transnational Actors.

Do fundamental rights obligate not only States, but also private transnational actors? Since violations of fundamental rights stem from the totalising tendencies of partial rationalities, there is no longer any point in seeing the horizontal effect as if rights of private actors have to be weighed up against each other. On one side of the human rights relation is no longer a private actor as the fundamental-rights violator, but the anonymous matrix of an autonomised communicative medium. On the other side, the fundamental rights are divided into three dimensions: Firstly institutional rights protecting the autonomy of social discourses – art, science, religion – against their subjugation by the totalising tendencies of the communicative matrix; secondly personal rights protecting the autonomy of communication, attributed not to institutions, but to the social artefacts called ‘persons’; and thirdly human rights as negative bounds on societal communication, where the integrity of individuals’ body and mind is endangered.

  • Discussant: Prof. Pier-Giuseppe Monateri (Torino University)

When? On Friday 4th December, 2.30 – 5.30 pm

Where? At Sciences Po Law School, 13 rue de l’Université, 75007 Paris, Salle de réunion (4th floor).

 

Coming PILAGG Seminars

CANCELLED FRIDAY 13th NOVEMBER 2015: Prof. Neil Walker (Edinburgh Law School)

  • “Global Law and Global Justice: The Gap” (see previous post).
  • Discussant: Prof. David Kinley

 

FRIDAY 4th DECEMBER 2015: Prof. Gunther Teubner (Frankfurt University)

  • The Anonymous Matrix: Human Rights Violations by “Private” Transnational Actors.
  • Do fundamental rights obligate not only States, but also private transnational actors? Since violations of fundamental rights stem from the totalising tendencies of partial rationalities, there is no longer any point in seeing the horizontal effect as if rights of private actors have to be weighed up against each other. On one side of the human rights relation is no longer a private actor as the fundamental-rights violator, but the anonymous matrix of an autonomised communicative medium. On the other side, the fundamental rights are divided into three dimensions: Firstly institutional rights protecting the autonomy of social discourses – art, science, religion – against their subjugation by the totalising tendencies of the communicative matrix; secondly personal rights protecting the autonomy of communication, attributed not to institutions, but to the social artefacts called ‘persons’; and thirdly human rights as negative bounds on societal communication, where the integrity of individuals’ body and mind is endangered.
  • Paper: http://www.fichier-pdf.fr/2015/11/07/globaljustice-engfrz-2015/ (if you can’t download the paper, please send an email to malik.touanssa@sciencespo.fr / the paper will also be sent soon in the email announcing the seminar)
  • Discussant: Prof. Pier-Giuseppe Monateri

 

 

FRIDAY 19th FEBRUARY 2016: Prof. Peer Zumbansen (King’s College)

  • “Unpacking a ‘Not-yet-case’: FIFA as a transnational legal problem: litigation, advocacy and norm-creation”
  • The presentation will, in its first part, explore the promise and challenge of adding “transnational law” to the existing canon of legal doctrinal fields, on the one hand, and legal theories, on the other. In the second part, it will use the current scandal around corruption and labour rights violations by FIFA, the Fédération Internationale de Football Association, to discuss practical consequences of understanding law “as transnational”.
  • Discussant: Jacco Bornhoff
  • In preparation of the discussion: What lies before, behind and beneath a case? Five minutes on transnational lawyering and the consequences for Legal Education, Prof. Zumbansen, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2370428

 

FRIDAY 26th FEBRUARY 2016: (date subject to change): Prof. Hans van Loon (Former Secretary General of the Hague Conference on Private International Law)

  • The international protection of migrants and PIL (TBD)

 

FRIDAY 11th MARCH: Prof. David Restrepo Amariles (HEC)

  • Topic TBD

 

FRIDAY 22nd APRIL 2016: Antonio Marzal (Sorbonne Law School)

  • Conflict of Laws as an Analytical Tool

 

FRIDAY 13th MAY 2016: Prof. Katja Langenbucher (Frankfurt University / Sciences Po)

  • On Law Making for Financial Markets

 

FRIDAY 20th MAY 2016: Prof. Joel Bakan (University of British Columbia):

  • The Invisible Hand of Law: Private Regulation and the Rule of Law
  • The early 1980s— when “politics and ideology . . . turned arse-over-tit,” as E.P. Thompson once described it— was, in the less colorful language of David Harvey, a “revolutionary turning point in the world’s social and economic history.” Law was not immune to the sweeping changes taking place. Until the 1980s, and over the previous half century, law had served (albeit unevenly and incompletely) as the main institutional vehicle for policing corporations in aid of public interests, thereby protecting people, communities, and the environment from corporate excess and malfeasance. Over the course of the 1980s and thereafter, however, law’s protective role began to diminish, and privately promulgated voluntary regimes (hereinafter “private regulation”) emerged in its place. Importantly, no such diminishment occurred in relation to law’s parallel and prominent role in protecting corporations and their interests. Here, state legal regimes continued to operate as robustly as ever; incorporate companies; establish their mandates; protect their rights as “persons”; shield their managers, directors, and shareholders from legal liability; compel their officers to prioritize their “best interests” (typically construed as increasing shareholder value); articulate and enforce their contract and property rights; and repress dissidents and protesters who opposed their growing power. Corporations— indeed, corporate capitalism— could not exist without these legal foundations and supports, which taken together represent a massive infusion of state legal power into society. Despite that massive infusion, many private regulation advocates and commentators presume that globalization eviscerates state legal power, and prescribe, on that basis, that private regimes should take law’s place.
  • Paper: http://www.lawschool.cornell.edu/research/ILJ/upload/Bakan-final.pdf

CANCELLED Fourth PILAGG Seminar / November 13th – Global Law and Global Justice: The Gap, by Prof. Neil Walker (Edinburgh Law School)

CANCELLED

‘GLOBAL LAW AND GLOBAL JUSTICE: THE GAP’

Prof. Neil Walker’s aims is to develop some of the normative implications of the argument in his recent book – ‘Intimations of Global Law’ (Cambridge, 2015). In that book, he examines the new and contested category of ‘global law’ . Global law refers to those emergent or ‘imitated’ aspects of legal doctrine that speak in a global register – applicable in all circumstances regardless of territory, citizenship or other limiting general affiliation. He divides global law into convergence-sponsoring categories (the creation of common political organisations or the application of common substantive standards) and divergence-accommodating categories (the cultivation of functionally specialised regimes or the co-ordination of different regimes  through private international law and other plural-sensitive methodologies). He identifies naive triumphalism, structural fatalism and myopic or disengaged compartmentalism as three pathological attitudes on the part of global jurists that MAY arise from the sheer range and diversity of global law types, and which help account for the profound gap between the practice of global law and our ideal conceptions of global justice. He ends by asking how we might begin to close that gap.

Prof. Neil WALKER (Edinburgh Law School)

 When? On Friday 13th November, 2.30 – 5.30 pm

Where? At Sciences Po Law School, 13 rue de l’Université, 75007 Paris, Salle de réunion (4th floor).

Discussant : Prof. David Kinley (Syndey Law School)