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)

October 7th – Rethinking Comparative Law: Mapping Law’s Transformations, by Leone Niglia

FRIDAY 7th October 2016, Prof. Leone Niglia (University CIII of Madrid)

This seminar contributes to comparative scholarly analyses of ‘legal transplants’ and ‘legal change’. Drawing on a combination of legal history, comparative law and legal theory, the seminar introduces a method that is needed towards understanding the current globalisation of law and legal thought including comparing it with past globalisations. On the basis of this new method, the seminar essay sheds light on three unaccounted transformations in transnational law and legal thought in Europe over the last one hundred years that legal comparative thought has contributed to. These transformations need to be taken seriously towards gaining a deeper understanding of the relationships between law, state and post-national governance.

 

  • Discussant: Veronica Corcodel

When? Friday 7 October, at 16:30

Where? at Sciences Po Law School, 13 rue de l’université, 75007, Paris, salle de réunion (4th floor)

September 30th – The Institutional Origins of Corporate Social Irresponsibility, by Paddy Ireland

FRIDAY 30th September 2016, Prof. Paddy Ireland (University of Bristol)

There has never been a shortage of instances of corporate irresponsibility. They do, however, seem to have increased in number in recent years. In this seminar, Prof. Ireland will trace the institutional sources of this problem to the way in which the corporate legal form has been constituted. In some contexts the large joint stock corporations which dominate so much of economic life are closely identified with their shareholders, while in others they are regarded as ‘completely separate’.

He will then explore the nature and historical origins of these schizophrenic ideas about the nature of the relationship between corporations and their shareholders, arguing that they underpin contemporary corporate irresponsibility. He suggests that they are attributable to the emergence in the nineteenth century of the perception of corporations as both separate legal persons and objects of property, and to the transformation of the joint stock company share into a Janus-faced, hybrid legal form which enables shareholders to retain some of the key proprietary privileges of ‘insiders’ (owner-members of companies) while they at the same time enjoy the liability- and responsibility-free privileges of ‘outsiders’ (creditors external to companies).

He will go on to suggest that, as commentators as diverse as Marx, Veblen, Hilferding, and Lippmann observed, the hybrid nature of shareholding could have taken corporate governance in very different directions and, historically, has done so, leading at times to highly ‘financialized’ shareholder-focused forms of governance and at other times to much more ‘socialized’ forms. He concludes by exploring the policy implications of the (re)financialized forms of governance that have emerged in recent years.

  • Discussant: Professor Antoine Lyon-Caen

When? Friday 30 September, 14:30 – 17:30

Where? at Sciences Po Law School, 13 rue de l’université, 75007, Paris, salle de réunion (4th floor)

Pilagg forecast for the Autumn 2016

After the long summer break, we are back with the new calendar for Pilagg seminars in the weeks to come.

This academic year, our first speaker will be Professor Paddy Ireland from the University of Bristol, who will discuss The Institutional Origins of Corporate Social Irresponsibility on Friday 30 September with Professor Antoine Lyon-Caen being his discussant.

October will be especially rich for legal discussions, as Professor Leone Niglia will give a seminar on 7 October and Professor Hannah Buxbaum from Indiana University Maurer School of Law will come one week after him, on 14 October. Professor Robert Wai will then give a workshop on Wednesday, 19 October.

In November, we will organise at least two more Pilagg seminars. On 18 November, Professors Pierre Legrand and Mathias Siems will discuss the (Foreign) Law as Self-Fashioning and finally, on 25 November, Professor Katja Langenbucher and Brooke Adele Marshall will talk about economic transplants and soft law instruments.

For more information, follow our blog.

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)

Third PILAGG Seminar – 16th October – Global Law and Interdisciplinary Inquiry, Alexander Panayotov

JURISDICTIONAL POLITICS AND SOCIAL MECHANISMS: AN INTERDISCIPLINARY SYNTHESIS? 

The interdisciplinary collaboration between law and social science has often been hailed as a promising avenue for studying law and globalization. In reality, however, this collaboration has been stymied by diverging disciplinary discourses, conflicting research practices, and incompatible methods for evaluating scholarly findings. I elucidate the possibility conditions for a productive engagement between law and social science. After laying out the obstacles to this engagement, I offer arguments for reconciling the differences.

Specifically, the “Legalization in World Politics” (LWP) framework is used as a starting point to evaluate both the strengths and weaknesses of the social science approaches to law. I contend that both law and social science can engage in a productive cross-fertilization by identifying common unifying themes such as jurisdictional politics. This theme combines social scientists’ strive for generalizations and legal scholars’ fine-grained analysis of complex technical legal issues. The paper defines jurisdictional politics, lays out a generic model for its constitution, and positions it in a transnational context. In this context, I also investigate the promise of deploying social mechanisms to explain both the process of legal change and the emergence of legal order. Four such mechanisms are identified: assertion, diffusion, layering, and conversion. Subsequent examples illustrate their operation. Hopefully, this contribution will stimulate scholars to partake in interdisciplinary work and formulate alternative strategies for exploring their research puzzles.

(Abstract of the paper to be discussed during the seminar)

Alexander PANAYOTOV (NYU)

Discussants : Prof. Véronique CHAMPEIL-DESPLATS (Université Paris X – Méthodologies du droit et des sciences du droit, Dalloz 2014) et Prof. Jérôme SGARD (Sciences Po – CECI, Professeur d’économie politique).

 When? On Friday 16th October, 2.30 – 5.30 pm

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

9th October – Global Legal Pluralism and Private International Law (Prof. Paul Schiff Berman)

 

SECOND PILAGG SEMINAR of 2015/2016 : GLOBAL LEGAL PLURALISM AND PIL 

Global Legal Pluralism is now recognized as an entrenched reality of the international and transnational legal order. Indeed, wherever one looks, there is conflict among multiple legal regimes. Some of these regimes are state-based, some are built and maintained by non-state actors, some fall within the purview of local authorities and jurisdictional entities, and some involve international courts, tribunals, arbitral bodies, and regulatory organizations. 

It has been approximately 20 years since scholars first began pushing the insights of legal pluralism into the transnational and international arena. During those two decades, a rich body of work has established pluralism as a useful descriptive and normative framework for understanding a world of overlapping jurisdictional assertions, both state and non-state. Indeed, there has been a veritable explosion of scholarly work on legal pluralism, soft law, global constitutionalism, the relationships among relative authorities, and the fragmentation and reinforcement of territorial boundaries. 

Thus, the time has come for a survey and analysis of this literature in order to understand the evolution of global legal pluralism as a scholarly trope.  In this essay, I seek to begin such a task by separating out some of the descriptive and normative strands in the scholarly discourse. In addition, I tackle challenges and criticisms of global legal pluralism and aim to refine the field based on recent research. The result, I hope, will be to re-energize and engage global legal pluralism scholarship and push its trajectory forward into another two decades of innovation.

Prof. Paul SCHIFF BERMAN (George Washington University Law School)

Discussant : Jean-Philippe ROBE (Sciences Po, Ecole de droit)

 When? On Friday 9th October, 2.30 – 5.30 pm

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

Brian Tamanaha will deliver the Inaugural Cotterell Lecture in Sociological Jurisprudence at Queen Mary

The Inaugural Cotterrell Lecture in Sociological Jurisprudence

Professor Brian Tamanaha (Washington University Law School)

 Thursday 28 May 2015, 6:30pm

Lecture Theatre – ArtsOne Building – Queen Mary University of London

Mile End Road, London E1 4NS

To register for this event, please visit the School of Law Eventbrite page: http://cotterrell-2015.eventbrite.co.uk/

This event will be chaired by Professor Richard Nobles (Queen Mary University of London).

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 The Speaker: Professor Brian Z Tamanaha is a renowned jurisprudence scholar and the author of eight books and numerous scholarly articles, including his groundbreaking book, Beyond the Formalist–Realist Divide: The Role of Politics in Judging. His articles have appeared in a variety of leading journals, and his publications have been translated into eight languages. Also an expert in law and society, he has delivered lectures in Brazil, Indonesia, Japan, France, the Netherlands, Colombia, Singapore, Australia, Canada and the United Kingdom. He spent a year in residence as a Member of the Institute for Advanced Study in Princeton. Professor Tamanaha is the recipient of several book prizes and awards, including Professor of the Year, and a frequent speaker and lecturer at legal conferences throughout the United States and abroad. His professional affiliations include serving as a past member of the Board of Trustees of the Law and Society Association. Before becoming a law professor, he clerked for the Hon Walter E Hoffman, US District Court for the Eastern District of Virginia. He also practiced law in Hawaii and Micronesia, where he served as legal counsel for the Micronesian Constitutional Convention, Assistant Attorney General for the Yap State and Assistant Federal Public Defender for the District of Hawaii. He then earned a doctorate of juridical science at Harvard Law School. Professor Tamanaha will be a Distinguished Visiting Fellow in the Department in May 2015.

 About the Lecture Series: The Cotterrell Lectures in Sociological Jurisprudence are named in honour of Professor Roger Cotterrell. ‘Sociological jurisprudence’ is understood broadly, as encompassing any theoretical aspect of socio-legal studies, any serious effort to relate jurisprudence and legal theory to changing social and historical conditions, or any topic linking law and social theory.

Cotterrell Lecture 2015

Colloque d’arbitrage Sciences Po – 22 mai 2014

Colloque d’arbitrage Sciences Po – 22 mai 2014

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Le dernier colloque organisé le jeudi 22 mai 2014 par l’Ecole de Droit de Sciences Po portait sur « l’arbitrage international entre sa vocation universelle et les réalités locales ». L’évènement a permis de réunir autour d’une même table Carole Malinvaud, Philippe Leboulanger, Thomas Clay, Horatia Muir Watt, Emmanuel Gaillard ainsi que Diego P. Fernández Arroyo (comme modérateur hors table). Le propos introductif a été présenté par Horacio Grigera Naón (ancien Secrétaire Général de la Cour internationale d’arbitrage de la CCI, et directeur du Center on International Commercial Arbitration de l’American University à Washington D.C.)

Voir le compte rendu complet : Rapport Arbitrage

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Featured Alexandre Senegacnik