The new seasson of PILAGG is going to be launched. We will discuss on Horatia Muir Watt’s framing paper.HMW-Framing paper PILAGG 2015-2016
Discussant: Loïc Azoulai (SPLS)
What are the specific insights of the discipline of the conflict of laws in respect of some of the most significant issues which challenge contemporary legal theory, in its attempts to integrate the radical changes wrought by globalisation in the normative landscape beyond (framed outside, or reaching over) the nation-state. Indeed, remarkably, these changes have brought complex interactions of conflicting norms and social systems to the center-stage of jurisprudence. This means that the conflict of laws has a plausible vocation to contribute significantly to a “global legal paradigm” (Michaels 2014), that is, a conceptual structure adapted to unfamiliar practices, forms and “modes of legal consciousness” (Kennedy 2006). Conversely, however, private international legal thinking has all to gain from attention to the other legal disciplines that have preceded it in the effort to “go global”. Thus, it needs to undergo a general conceptual overhauling in order to capture law’s novel foundations and features. In this respect, it calls for an adjustment of its epistemological and methodological tools to its transformed environment. It must revisit the terms of the debate about legitimacy of political authority and reconsider the values that constitute its normative horizon. From this perspective, the ambition of this paper is to further the efforts already undertaken by various strands of legal pluralism, as an alternative form of “lateral coordination” in global law (Walker 2015), towards the crafting of a “jurisprudence across borders” (Berman 2012). Societal constitutionalism (Teubner 2011), which has explicitly made the connection between transnational regime-collison and the conflict of laws, provides a particularly promising avenue for unbounding the latter, which might then emerge as a form of de-centered, reflexive coordination of global legal interactions.
When? On Friday 25 September at 2.30pm
Where? At Sciences Po Law School, 13 rue de l’Université, 75007 Paris, Salle de réunion (4th floor).
Vendredi 31 mai 2013, 9h00-16h15
Changement de bâtiment: toutes les séances se tiendront au 28 rue des Saints-Pères
Private Post-National Law Making and Enforcement
* Table I, 9:00 – 10:45 – Manufacturing private norms (Junior stream)
* Table II, 11:00 – 12:45 - Around legitimacy and enforcement
Sergio PUIG (Stanford University)
Robert WAI (York University)
Diego P. FERNÁNDEZ ARROYO (SPLS)
* Table III, 2:30 – 4:00 – Revisiting party autonomy
Giuditta CORDERO MOSS (Universitetet i Oslo)
Gian Paolo ROMANO (Université de Genève)
* Concluding remarks, 4:00 – 4:15
Horatia MUIR WATT (SPLS)
Horatia MUIR WATT’s article “Private International Law Beyond the Schism”, already published on (2011) 2(3) Transnational Legal Theory 347–427
Despite the contemporary turn to law within the global governance debate, private international law remains remarkably silent before the increasingly unequal distrib tion of wealth and power in the world. By leaving such matters to its public international counterpart, it leaves largely untended the private causes of crisis and injustice affecting such areas as financial markets, levels of environmental pollution, the status of sovereign debt, the confiscation of natural resources, the use and misuse of development aid, the plight of migrating populations, and many more. This incapacity to rise to the private challenges of economic globalisation is all the more curious that public international law itself, on the tide of managerialism and fragmentation, is now increasingly confronted with conflicts articulated as collisions of jurisdiction and applicable law, among which private or hybrid authorities and regimes now occupy a significant place. The explanation seems to lie in the development, under the aegis of the liberal separation of law and politics and of the public and the private spheres, of an « epistemology of the closet », a refusal to see that to unleash powerful private interests in the name of individual autonomy and to allow them to accede to market authority was to construct the legal foundations of informal empire and establish gaping holes in global governance. It is now more than time to de-closet private international law and excavate the means with which, in its own right, it may impact on the balance of informal power in the global economy. Adopting a planetary perspective means reaching beyond the schism and connecting up with the politics of public international law, while contributing a specific savoir-faire acquired over many centuries in the recognition of alterity and the responsible management of pluralism.
HMW-PIL Beyond the Schism-TLT2011
Professor Ralf Michaels has sent us the paper of his workshop at SPLS. Thank you Ralf!