October 19th – Coercion and Autonomy in Transnational Private Law, by Robert Wai

WEDNESDAY 19th October 2016, Prof. Robert Wai (Osgoode Hall Law School, York University)

The turn to transnational law admirably directs analysis of contemporary society towards a realistic sense of the plural, complex normative terrains of transnational relations. This presentation will focus on what the turn to the transnational suggests with respect to equally real questions of power and coercion in transnational private relations. This question will be explored by connecting the transnational law turn of Philip Jessup to the earlier legal realist insights of Robert Hale through a focus on coercion and distribution in transnational private law. The goal is to relate the contemporary emphasis in transnational private law on party autonomy, notably in areas such as arbitration, to older and continuing concerns about “legal and non-legal coercion” in private relations.   Can a turn to transnational private ordering be framed in terms other than party autonomy? In particular, how can transnational private law recognize the role of Hale’s “supposedlly noncoercive state” in constituting various forms of transnational coercive power.

  • Discussant: Horatia Muir Watt

When? Wednesday 19 October, 17:30 – 19:30

Where? at Sciences Po, 27 rue Saint Guillaume, 75007, Paris, room A24 (2nd floor)