Friday, 23 November: Language and Boundaries

PILAGG WILL HOST ITS THIRD EVENT OF THE 2018-2019 ACADEMIC YEAR WITH PROFESSORS Ruth sefton-green, KERRY RITTICH, and robert wai on THE TOPIC OF “Law’s language, law’s Boundaries: an INterdisciplinary approach”

23 Nov / 12:30 – 14:30

Room 410 T – Meeting Room

Sciences Po Law School, 13 rue de l’université, 75007 Paris

FOR ABSTRACTS OF THE TOPICS OF DISCUSSION:

Ruth Sefton-Green (University Paris I Sorbonne) 

Language as a means of closing and opening doors in law

The relationship and mutual influence between law and language is the driving force behind my enquiry. Language affects law from various perspectives. First, language has been, and no doubt still is, exploited by jurists to keep language within the legal community. It follows that a legal language, or a language of the law, can be used as a deliberate barrier to reserve the law to an elite, as well as to mark out cultural and national boundaries. For instance, the invention of the English common law was constructed, somewhat paradoxically, thanks to the French language. Second, it is often suggested that language creates barriers to understanding other legal systems. To what extent does the structure of a language affect the structure of law? Can we learn law in the ‘wrong’ language? Can linguistic incompetence, i.e. not knowing the language, preclude us from understanding another law? Overriding theories of untranslatability, I will explore the idea that comparative law is an eye-opener and an opportunity to cross thresholds, in order to move beyond fixed or conventional understandings and create new ones through a meta-language.

Kerry Rittich (University of Toronto)

Then and Now – Informal Work through the Lens of Colonial Labour Market Governance

Informal work has always been marginal to the discipline of labour law, despite the fact that at a global level it encompasses most of the work actually performed. A confluence of events – among them, the transnationalization of production, the rise of precarious, contractualized forms of work, and the assault on organized labour – has put the discipline in crisis and its conventional focus on the employment relationship in question. At the same time, labour market reforms and other governance norms at the national, international and transnational levels are intensifying the crises of work and exacerbating economic inequality.

As the boundaries of the field are being questioned and redrawn, it can be revealing to trace the continuities between contemporary imperatives to formalize informal labour and enhance productivity at work and colonial endeavours to create a wage labour force habituated to market norms, demands and conditions. What narratives of progress undergird these endeavours? How are legal technologies such as contractual forms employed to effect the transition to modernity? How are freedom and coercion for workers imagined in these contractual relationships, especially in the context of (countervailing) demands to ensure continuous increases in productivity? What do colonial labour market histories and governance projects suggest about the ensuing consequences for efficiency and distributive justice, economic growth and progress in human welfare and social cohesion?

Robert Wai (Osgoode Hall Law School, York University)

Liberal and Post-Liberal Internationalist Policy Discourses in Transnational Economic Law

How are the boundaries of territory and jurisdiction constituted through the language of law? One focus in my research has been the way in which this is resolved through the deployment of policy discourses in fields of transnational economic law, including private international law, international trade law, and international investment law. In particular, the harnessing and reception of interdisciplinary insights into law through the reasoning/justification of legal decision-makers, including legislators, judges/arbitrators, and public officials, involves a selective reception of the insights from the extralegal disciplines such as economics, international relations, and ethics. I have earlier argued that the supportive reception during the 1990s of globalization into many areas of law, most strikingly in neoliberal reform associated with the Washington Consensus, could be understood as being justified based on a series of liberal internationalist policy analytics taken from economics, international relations, and ethics. The slogan “commerce, cooperation, cosmopolitanism” could summarize this stage. Since then, the liberal internationalist policy consensus has clearly become more contested. What is the nature of interdisciplinary policy discourse now in transnational economic law, and what follows from the change for the legal language of territory and jurisdiction?

IMPORTANT:
DUE TO SECURITY MEASURES, ACCESS TO SCIENCES PO BUILDINGS IS RESTRICTED.
IF YOU INTEND TO ATTEND THE SEMINAR, PLEASE COMPLETE THE FORM OR SEND AN EMAIL TO PILAGG@SCIENCESPO.FR
INDICATING YOUR FULL NAME. SECURITY OFFICERS WILL BE PROVIDED WITH THE LIST OF PARTICIPANTS.
DO NOT FORGET TO BRING A VALID ID.

Friday, 19 October: Dominus Mundi by Professor PG Monateri

PILAGG will host its second event of the 2018-2019 academic year with professor Pier Giuseppe monateri on his latest book, “Dominus mundi: Politcal sublime and the world order”

19 Oct / 12:30 – 14:30

Room 410 T – Meeting Room

Sciences Po Law School, 13 rue de l’université, 75007 Paris

 

FOR AN ABSTRACT OF THE SEMINAR AND TOPICS OF DISCUSSION:

This monograph makes a seminal contribution to existing literature on the importance of Roman law in the development of political thought in Europe. In particular it examines the expression ‘dominus mundi’, following it through the texts of the medieval jurists – the Glossators and Post-Glossators – up to the political thought of Hobbes. Understanding the concept of dominus mundi sheds light on how medieval jurists understood ownership of individual things; it is more complex than it might seem; and this book investigates these complexities. The book also o ers important new insights into Thomas Hobbes, especially with regard to the end of dominus mundi and the replacement by Leviathan. Finally, the book has important relevance for contemporary political theory. With fading of political diversity Monateri argues “that the actual setting of globalisation represents the reappearance of the Ghost of the Dominus Mundi, a political refoulé – repressed – a reappearance of its sublime nature, and a struggle to restore its universal legitimacy, and take its place.” In making this argument, the book adds an important original vision to current debates in legal and political philosophy.

IMPORTANT:
DUE TO SECURITY MEASURES, ACCESS TO SCIENCES PO BUILDINGS IS RESTRICTED.
IF YOU INTEND TO ATTEND THE SEMINAR, PLEASE COMPLETE THE FORM or SEND AN EMAIL TO PILAGG@SCIENCESPO.FR
INDICATING YOUR FULL NAME. SECURITY OFFICERS WILL BE PROVIDED WITH THE LIST OF PARTICIPANTS.
DO NOT FORGET TO BRING A VALID ID.

Friday, 28 September: Encounters with Alterity in Legal Form by Professor Horatia Muir Watt

PILAGG will kick off the 2018-2019 ACADEMIC year with Professor Horatia Muir Watt on her latest book, “Encounters with Alterity in Legal Form”

28 Sept/ 12:30 – 14:30

Room 410 T – Meeting Room

Sciences Po Law School, 13 rue de l’université, 75007 Paris

 

FOR AN ABSTRACT OF THE SEMINAR AND TOPICS OF DISCUSSION:

A core question for global or post-monist jurisprudence is law’s modes of encounters with alterity. Indeed, the “global turn” in law is not limited, as it would sometimes seem, to a tightening of its own structural linkages with the economy, but involves constant exposure or interactions with foreign societies, cultures and ideologies. One response in legal form to ubiquitous otherness, including cultural difference, can be found by joining up with various strands of contemporary interdisciplinary scholarship in exploring the insights to be found in the specific methodologies of private international law. The aesthetic, ethical or political underpinnings of the various modes of reasoning though which, in the Western world, law understands, and reacts to, extraneous norms and values can then be probed and assessed. In other words, the focus here is on the interdisciplinary ecology of those legal forms that embody a certain relationship to foreign laws and other forms of normativity. Post-monist legal approaches to otherness appear here as a “dangerous method” that leads to a decentering of the self, a moment of void at the point of encounter of difference, a suspension of judgment. While such a method leaves behind the comfortable linearity of legal monism, a look towards private international law’s specific intellectual schemes show that the ensuing vertigo is to be embraced as a form of enrichment of law’s horizons and modes of reasoning.

FOR AN INTRODUCTORY EXCERPT TO THE BOOK:

 Introduction

IMPORTANT:
Due to security measures, access to Sciences Po buildings is restricted.
If you intend to attend the seminar, please send an email to PILAGG@SCIENCESPO.FR
indicating your full name. Security officers will be provided with the list of participants.
Do not forget to bring a VALID ID.

Friday, 13 April: Who is called a foreigner? Reflections on hospitality, by Professor Guillaume le Blanc

Who is called a foreigner? Reflections on hospitality

 Professor Guillaume le Blanc

Professeur de Philosophie à l’Université de Paris Est Créteil

Friday, April 13 / 12.15 – 14.00

This Pilagg seminar animated by Professor le Blanc will revolve around naming a life a foreign life. Stranger is never recognized as a true subject because he or she is always denationalized and, therefore, made other. Thus, the aim of this seminar is to show that hospitality is not only a gesture of help for someone who is in need. It must be considered both as an ethical and political value whose claim comes from critical considerations on belonging to a nation.

  Friday April 13, 2018

Room 410 T – Meeting Room

Sciences Po Law School, 13 rue de l’université, 75007 Paris

  

IMPORTANT:

Due to security measures, access to Sciences Po buildings is restricted.

If you intend to attend the seminar, please send an email to filipe.silva@sciencespo.fr indicating your full name. Security officers will be provided with the list of participants.

Do not forget to bring a VALID ID.

 

Thursday, 5 April: Legal forms of inter-alterity (A critical study in private international law) by Horatia Muir Watt

Legal Forms of Inter-Alterity (A Critical Study in Private International Law)

By Prof. Horatia Muir Watt

 

We can understand the discipline of private international law as a depository of ideas about the foreign, and metaphorically, the other, formulated as a series of highly elaborate legal concepts, theories, doctrines, definitions and tools. The discipline is supposed to be essentially methodological, meaning that it it is composed exclusively of modes of reasoning that operate at a meta-level (without touching the « substance » of legal issues). These are triggered whenever they detect an exogenous « fact », at which point they proceeed to distribute, allocate and partititon (whether jurisdictions, laws, disputes). The methodological choices involved presuppose various assumptions about legal orders or the societies they govern, their mutual relationships and the geo-political context in which they interact.

It is quite remarkable that despite the quasi-existential link between the discipline and intercultural encounters, ideological confrontations, or conflicts of ideals and values between communities, the discipline remains insulated or aloof from current debates about thinking and managing diversity across the (other) social sciences. This is no doubt because it was constructed historically around a recurring methodological quarrel about the respective virtues of two available formal modalities of distributing laws or allocatig facts; these continue to be debated on the massively technical register of internal critique. In other words, the focus of discussion is the coherence or the efficiency of either mode of reasoning, and very rarely their signification in terms of philosophy, politics, esthetics or epistemology as they translate into the legal field. The attending risk as famously denounced by realist critics is that of a fetichization of technique ; private international law’s tools exert a form of fascination that prevents looking beyond form to substance. Like black holes, the legal mechanics get so dense that they absorb the energy of the observor and blind to the deeper meaning and wider impact of the tlegal forms involved.

It is no doubt today’s need to grasp how law looks and operates beyond the horizon of the state that makes it particularly urgent to attune private international law’s peculiar methods to other, surrounding disciplines and understand its reactions to otherness in political, ethical or aesthetic terms. Nowhere is the study of this interdisciplinary ecology of law more important than as an accompaniment to contemporary efforts to devise and theorize a global law (or map its « intimations ») that would bypass the state’s institutional structure and revisit the moral foundations of authority. Indeed, the « global turn » in law is not limited, as it would sometimes seem, to markets but involves societies, cultures and ideologies. Moreover, it is not because globalization multiplies foreign encounters and smoothes over differences that ethnocentrism has disappeared – on the contrary, it is reproduced and displaced in a form of global-centrism. What follows, therefore, will focus on methods of private international law as expressions, in legal form, of attitudes towards otherness that bear political, ethical and aesthetic meaning in a world of accelerated encounters of a legal kind.

Thursday, April 5th, 2018
12.30 – 14.00

Sciences Po Law School
Meeting room (410T) – 4th floor
13, rue de l’Université – Paris 7ème

 

 

 

 

 

Friday, 23 March – Epistemic Jurisdiction: Science, Expertise and Standardisation as Global Governance – by David Winickoff

Epistemic Jurisdiction: Science, Expertise and Standardisation as Global Governance

David Winickoff

Department of Environmental Science, Policy and Management, University of California, Berkeley, Berkeley, CA, USA

While there is ample scholarly work on regulatory science within the state, or single-sited global institutions, there is less on its operation within complex modes of global governance that are decentered, overlapping, multi-sectorial and multi-leveled. Using a co-productionist framework, Prof. Winickoff will identifie ‘epistemic jurisdiction’ – the power to produce or warrant technical knowledge for a given political community, topical arena or geographical territory – as a central problem for regulatory science in complex governance. We explore these dynamics in the arena of global sustainability standards for biofuels. We select three institutional fora as sites of inquiry: the European Union’s Renewable Energy Directive, the Roundtable on Sustainable Biomaterials, and the International Organization for Standardization. These cases allow us to analyze how the co-production of sustainability science responds to problems of epistemic jurisdiction in the global regulatory order. First, different problems of epistemic jurisdiction beset different standard-setting bodies, and these problems shape both the content of regulatory science and the procedures designed to make it authoritative. Second, in order to produce global regulatory science, technical bodies must manage an array of conflicting imperatives – including scientific virtue, due process and the need to recruit adoptees to perpetuate the standard. At different levels of governance, standard drafters struggle to balance loyalties to country, to company or constituency and to the larger project of internationalization. Confronted with these sometimes conflicting pressures, actors across the standards system quite self-consciously maneuver to build or retain authority for their forum through a combination of scientific adjustment and political negotiation. Third, the evidentiary demands of regulatory science in global administrative spaces are deeply affected by 1) a market for standards, in which firms and states can choose the cheapest sustainability certification, and 2) the international trade regime, in which the long shadow of WTO law exerts a powerful disciplining function.

 

Friday, 23 March, 2018 / 14.30 – 16.30

École de droit, Sciences Po, 13 rue de l’Université, 75007 Paris

Meeting Room (4th floor – room 410T)

 

IMPORTANT:

Due to security measures, access to Sciences Po buildings is restricted.

If you intend to attend the seminar, please send an email to filipe.silva@sciencespo.fr

indicating your full name. Security officers will be provided with the list of participants.

Do not forget to bring a VALID ID.

Friday 9 March 2018 – Standard Contracts as Pathways to Global Markets – the Experience of the London Corn Trade Association (1880-1914) by Professor Jérôme Sgard

Standard Contracts as Pathways to Global Markets – the Experience of the London Corn Trade Association (1880-1914)

Friday, 9 March 2018 / 14.00 – 16.30

Professor Jérôme Sgard

(Professor, Sciences Po Ecole de Droit)

Commodity markets were typically governed during the first global era (ca 1870-1914) by private, London-based “Trade Associations”, managed by a small number of top market insiders. One of their key contribution was to write and constantly adjust a set of Standard Contracts, tailored to each specific commodity and to each country or port of origin. These contracts followed the English contract law and were confirmed and eventually enforced by English courts. But such intervention proved extremely rate, just as, more generally the support from government authorities when dealing with foreign countries or authorities. No concern whatsoever was shown either for rules of international law (private or public). Hence, private ordering on a trade basis and self-enforcement worked pretty well within an overall geopolitical order that was clearly imperialist and hegemonic.

 

Friday 9 March, 2018

Meeting Room, Ecole de Droit, 14.00 – 16.30

4th floor (room 410T), 13 rue de l’université, 75007 Paris

IMPORTANT:

Due to security measures, access to Sciences Po buildings is restricted.

If you intend to attend the seminar, please send an email to filipe.silva@sciencespo.fr indicating your full name. Security officers will be provided with the list of participants.

Do not forget to bring a VALID ID.

Friday 23 February 2018 – Constitutional Geography and Geopolitics by Professor Günter Frankenberg

Constitutional Geography and Geopolitics

Professor Günter Frankenberg
(Goethe-Universität Frankfurt am Main – Institute for Public Law)

Partition comes neither naturally nor happens by accident. It results from bitter controversy. War, civil war and occupation often precede territorial separation. Whereas liberation struggles are likely to inspire secession on the part of separatist movements, political division may be the upshot of strategic plans devised by occupying powers and colonial regimes and is liable to be charted in geographical and geopolitical terms. I will discuss models of constitutional geography and constitutional narratives covering or denying partition.

Friday February 23rd, 2018
14.45 – 16.45
Sciences Po, 9 rue de la Chaise, 75007 Paris, Room 933

IMPORTANT: 
Due to security measures, access to Sciences Po buildings is restricted.
If you intend to attend the seminar, please send an email to filipe.silva@sciencespo.fr 
indicating your full name. Security officers will be provided with the list of participants.  

Do not forget to bring a VALID ID.

Historical Capitalism and International Law – Colloque Junior du CIERA – Young Scholars’ Conference Program

Sciences Po, 18 and 19 January 2018

IMPORTANT: If you intend to attend the conference, please register at: https://www.eventbrite.fr/e/historical-capitalism-and-international-law-tickets-41426110612

Conference venues access:

Amphithéâtre Erignac (13, rue de l’Université) – Building J

Salle Goguel (56, rue des Saints Pères) – Building B, access through building A (27, rue Saint Guillaume)

Metro stations nearby: Saint-Germain-des-Prés, line 4 Sèvres-Babylone, lines 10 and 12 Rue du Bac, line 12

Thursday, 18 January 2018 Amphithéâtre Erignac (13, rue de l’Université –Paris 7ème)

12:30 – 13:00 Conference registration

13:00 – 13:30 Presentation and welcome notes

13:30 – 15:00 Keynote address : Rémi Bachand, Law Professor at Université du Québec à Montréal, “Capitalism, Imperialism and International Law”

15:00 – 15:15 Coffee break

15:15 – 17:15 Nikolas Karmis, Paris II Panthéon-Assas, “The Ideological Interpretation of the Article 16 of the Covenant of the League of Nations by the German Doctrine” Eric Loefflad, University of Kent, “Occupation, Civilisation, and the Protection of European Property: A World-Historical Perspective on the International Illegality of Territorial Conquest” Commentator: Sören Zimmermann, Goethe-Universität, Frankfurt/M

17:15 – 17:30 Coffee break

17:30 – 19:30 Kanad Bagchi, Max Planck Institute for Comparative Public Law and International Law, “To Capital Controls and Back: Re-Embedding Global Capitalism Through International Law” Johanna Gautier, Graduate Institute of International and Development Studies, “Financial Deregulation in the 1980s-1990s: A New Market for Territorial and Institutional Competition” Commentator: Robin Caballero, Humboldt Universität zu Berlin / Paris I Panthéon-Sorbonne

20:00 Dinner

Friday, 19 January 2018 Salle Goguel (56, rue des Saints Pères – Paris 7ème)

9:00 – 11:00 Aikaterini Grymaneli, Université Paris II Panthéon-Assas, “Capitalism Expansion and the Law of the Sea: The Example of the Exploitation and Conservation of Areas Beyond National Jurisdiction” Dudi Rulliadi, Melbourne Law School, “From Dutch Colonialism to US Developmentalism: Capitalism and the Dynamics of Indonesian Law and Policy on Economic Development from Independence to the New Order Era” Commentator: Milan Tahraoui, Max Planck Institute for Comparative Public Law and International Law

11:00 – 11:15 Coffee break

11:15 – 13:15 Olaoye Kehinde Folake, Chinese University of Hong Kong, “Empire, Capital and Protection of Foreign Investment: Historical Origins of Transnational Investment Law in Africa” Anam Soomro, Berlin Graduate School for Transnational Studies, “A Critical Inquiry into Freedom of Movement: Race, Colonialism and the Making of International Law” Commentator: Tim Wihl, Humboldt Universität zu Berlin

13:15 – 14:30 Lunch

14:30 – 16:30 Filipe Antunes Madeira da Silva, Sciences Po Law School, “How the Putumayo Was Won: Sovereignty and Property in the Rubber Lands” Claire Debucquois, Columbia Law School, “Braudel in Brazil: The Merchant, the Prince, and the [Law of the] Land” Commentator: Alberto Rinaldi, Sciences Po Law School

16:30 – 16:45 Coffee break

16:45 – 19:00 Interdisciplinary round-table : “Franco-German Looks into Historical Capitalism and International Law : Exploring Geographical and Disciplinary Boundaries” Discussants: Monique Chemillier-Gendrau (To be confirmed – Professeure émérite, Université Paris Diderot – Paris 7), Pierre Gervais (Université Sorbonne Nouvelle – Paris 3), Claire Lemercier (Centre de Sociologie des Organisations – Sciences Po) and Ingo Venske (Universiteit Van Amsterdam)

REMINDER – Last Pilagg conference of 2017 is taking place TODAY

Dear fellow Pilaggists and private international law enthusiasts,

As you might know, our last Pilagg conference of 2017 is taking place TODAY! This will be a very special occasion indeed, not only because we will say goodbye to the (very productive) Pilagg year 2017, but more importantly, because we will have two speakers who will address the fascinating and topical issue of Legal Constructions of Space and Forms of Life.

Veronica Corcodel and Toni Marzal, both members of the FOLIE group will talk about Legally constructed migrant forms of life (with a focus on the Calais camps) and the Territorial scope of application of the EU law.

So, save the date, and make sure you attend the seminar! If enough people are interested, the discussion can continue after the official end-time, with a nice glass of mulled wine. We are looking forward to seeing you all!

Friday, December 15th, 2017 / 14.00 – 17.00

École de droit, Sciences Po, 13 rue de l’Université, 75007 Paris

Meeting Room (4th floor – room 410T)

IMPORTANT:

Due to security measures, access to Sciences Po buildings is restricted.

If you intend to attend the seminar, please send an email to filipe.silva@sciencespo.fr

indicating your full name. Security officers will be provided with the list of participants.

Do not forget to bring a VALID ID.