First PILAGG meeting of 2015-2016 seasson!!! (UPDATE)

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).

PILAGG book is coming!!!

Cover

Private International Law and Global Governance

Edited by Horatia Muir Watt and Diego P. Fernandez Arroyo

See the information in the Oxford University Press website: http://ukcatalogue.oup.com/product/9780198727620.do

Table of Contents

Introduction: The Relevance of Private International Law to the Global Governance Debate, Horatia Muir Watt and Diego P. Fernández Arroyo

Part I: BEHIND CLOSED DOORS: THE PRIVATE MODEL AND ITS DISCONTENTS
Section A. Epistemological Challenge: The Meaning of ‘Private’ in Private International Law
1. Comparative Law as Resistance, Geoffrey Samuel
2. Private v Private: Transnational Private Law and Contestation in Global Economic Governance, Robert Wai
3. Post-critical Private International Law: From Politics to Technique, Ralf Michaels

Section B. Political Critique: Privatization as Homogenization
4. Global Land Grabbing: A Tale of Three Legal Homogenizations, Tomaso Ferrando
5. Governance Implications of Comparative Legal Thinking: On Henry Maine’s Jurisprudence and British Imperialism, Veronica Corcodel

Section C. Searching for Legitimacy: Questions of Design
6. Private Adjudication Without Precedent?, Diego P. Fernández Arroyo
7. The Merchant Who Would Not Be King: Unreasoned Fears about Private Lawmaking, Gilles Cuniberti
8. Balancing the Public and the Private in International Investment Law, Yannick Radi

PART II: BEYOND THE SCHISM: EMERGING MODELS AND WORLDVIEWS
Section A. The Global Turn to Informality: Pragmatism and Constructivism
9. A Pragmatic Approach To Global Law, Benoit Frydman
10. Rules of Recognition: A Legal Constructivist Approach to Transnational Private Regulation, Harm Schepel
11. The Extraterritorial Application of Access to Justice Rights: On the Availability of Israeli Courts to Palestinian Plaintiffs, Michael Karayanni

Section B. Re-importing Public Law Methodology: Federalism and Constitutionalism
12. Variable Geometry, Peer Governance, and the Public International Perspective on Private International Law, Alex Mills
13. The Constitution of the Conflict of Laws, Jacco Bomhoff
14. Importing Proportionality to the Conflict of Laws, Jeremy Heymann

Section C. Reinventing a Global Horizon: Working towards a Global Public Good
15. Regulatory Choice of Law as a Public Good, Bram van den Eem
16. Recognition( and Mis-recognition) in Private International Law, Ivana Isailovic
17. Can Private International Law Contribute to Global Migration Governance?, Sabine Corneloup
Paradigm Change in Private International Law: Renewal, Circularity, or Decline?, Horatia Muir Watt

PILAGG Final Meeting 2013

Vendredi 31 mai 2013, 9h00-16h15

Attention!!!
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)

Caroline DEVAUX

Anna ASEEVA

Catherine TITI

Charles GOSME

 

* 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)

PILAGG Launching Paper published on Transnational Legal Theory

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