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”

12:30 – 14:30

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

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.

Friday, 15 December – Joint seminar on Legal Constructions of Space and Forms of Life by Toni Marzal and Veronica Corcodel

Joint seminar on Legal Constructions of Space and Forms of Life

Friday, December 15th 2017 / 14.00 – 17.00

 

Antonio Marzal

Maître de Conférences à la Sorbonne & Member of FOLIE

&

Veronica Corcodel

Postdoctoral Fellow at Sciences Po & Member of FOLIE

 

Antonio Marzal: FOLIE and the territorial scope of application of EU law

The topic I have chosen to examine from the perspective of FOLIE is that of the territorial scope of application of EU law. At its simplest, it is the issue that arises where a situation is only partially or even tenuously connected to the European territory, or where it is connected both to the EU and the legal systems of third States. Problems in this area, like in many others, are solved by relying on universal values, by conceiving EU law as a vector for those values, and by guaranteeing its effectiveness. This means that, in principle, territoriality plays very little role. Rather than firmly grounded in a certain geography or a localised community, EU law possesses the abstract qualities of pure movement or energy: its effects are certainly felt locally, but EU law itself has no such grounding. If we take seriously, however, the ideas behind FOLIE project (that is, that EU law is necessarily local, that it is both reflective and constitutive of a way of life), it becomes possible to turn this area of the law upside down and show, not only that the question of the applicability of EU law can be alternatively understood as who is and who is out and what it means to be an insider, but furthermore that the EU law already is based on such an understanding, even if reluctantly and vaguely articulated and seeking cover under the convenient language of values, extraterritoriality and effet utile”.

 

Veronica Corcodel: Legally constructed migrant forms of life: Calais as a space of contested suspension

This presentation will explore the relationship between law and migrant lives through the example of the Calais camp. It will start with a reflection on how the notion of forms of life, developed mainly in philosophical and literary works, can be useful for approaching this question. Defined as a bundle of socially and culturally shaped practices that constitute – and are constituted by – ways of living, this notion puts in the forefront the issue of life possibilities. If law is to be understood as one of these practices, the idea of forms of life allows tackling the relationship between law and migrants’ projects of social and economic lives in “foreign” countries. In the context of the Calais camp, as this presentation will show, legal arrangements both consolidate the suspension of migrants’ life projects and allow contesting it. In this sense, Calais appears as a legally constructed space of contested suspension. Such a vision runs counter reductive understandings of the camp as created “outside law” or as merely oppressive.

 

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.

Friday, 24th November 2017 – What is legal knowledge? By Prof. Geoffrey Samuel

Friday, November 24th 2017 / 14.30 – 16.30

Professor Geoffrey Samuel

(Kent Law School & Sciences Po Paris)

 What is legal knowledge? In tackling this question, this seminar will be a response to an imaginary request from the editor of a work on social science epistemology who would like to see in the edited book a contribution from law. Prof. Samuel will assert that arguments about the nature of legal knowledge cannot be resolved in any definitive way by a legal or social science epistemologist. This may seem surprising given that there are solid core texts – statutes and cases – a range of which have to be known in order to qualify as a lawyer or (and) jurist. Yet it is the scholarship on and around these texts which proves problematic.

How, then, would a chapter on law in an edited work on social science epistemology read? Arguably it would reveal a series of tensions that exist within the discipline of law around which knowledge issues are debated. These tensions can be summed up in four dichotomies: (1) diachronic versus synchronic; (2) formalism versus realism (construed widely); (3) law versus law-makers; and (4) authority paradigm versus inquiry paradigm. Perhaps there are more than four, but many other tensions can be seen as cross-currents and under-currents within these four generic groupings. One other issue stands out. If jurists are to be taken seriously by those in other disciplines law must be seen not just to profit from epistemological scholarship in general but actively to contribute to this general scholarship. How might it do this? There is no easy answer, but a number of responses will be raised at the seminar.

Discussant: Catalina Avasilencei

 Friday November 24th, 2017

Meeting Room, Ecole de Droit, 14.30 – 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.