Jessup s Bold Proposal

Transcription

1 Jessup s Bold Proposal Engagements with Transnational Law after Sixty Years Transnational Law Institute Signature Conference 2016 The Dickson Poon Transnational Law Institute King s College London London, 1-2 July 2016 Convener: Peer Zumbansen (Director, Transnational Law Institute)

2 The TLI Signature Conference is convened on an annual basis to engage with seminal contributions to the theory and practice, as well as the legal pedagogy in transnational law. The 2016 event will commemorate, revisit and rediscover Philip Jessup s path-breaking Storrs lectures, delivered in 1956 at Yale Law School. The Conference will bring together world renowned scholars and practitioners in an area coined by Jessup as Transnational Law, that is, all law which regulates actions or events that transcend national frontiers. Both public and private international law are included, as are other rules which do not wholly fit into such standard categories (JESSUP, TRANSNATIONAL LAW, 2). The history of the concept spans across significant geopolitical changes such as the emergence of numerous former colonies as legally sovereign states, the fall of the Berlin wall, the rapid growth, consolidation and transformation of the European Community (eventually the European Union ), the rise and evolution of BRICSs, and the pluralisation of international relations in a post-washington Consensus world. Among the main drivers of such changes has been what the renowned sociologist, Saskia Sassen, once coined the erosion of the state from below and above, namely the state s increasing entanglement in external, international bi- and multilateral problem solving on the one hand, and its dramatic domestic privatisation and regulatory transformation on the other. In recent years, the invocation of the field, the idea, the concept or methodology of Transnational Law has been a place-holder for still developing theories to capture the linkages between these internal and external transformations. With a dramatic increase of globe-spanning regulatory challenges such as environmental change, security, economic inequality, development civil war and migration, the question regarding the power of the state has long become one regarding law itself. Which role, if any, can law, which role can lawyers play in today s complex interaction between local, domestic, regional and global stakeholders and their interests? In light of these considerations, the upcoming Conference will mark the sixtieth anniversary of Jessup s Storrs lectures in order to position, to revisit and to draw inspiration from his landmark contribution by placing it into our present context. Legal scholars, sociologists, anthropologists and political scientists will come together in London to uncover the way in which the idea of transnational law has emerged and eventually continued to evolve, long after the lecture theatre at Yale Law School emptied and perhaps even longer before anyone would agree that a law for global problems has been found.

3 Programme Friday 1 July 2016 What s in a Text? : Excavating, Unpacking and Contextualising Jessup s Transnational Law 9:30 Welcome, Registration, Coffee & Croissants 10:15 PANEL 1: Engaging Law, Organisations and Institutions in Jessup s Transnational Law HORATIA MUIR WATT, The Contested Core of Transnational Law GREGORY SHAFFER, The Public International Law Revolution and the Creation of Transnational Legal Orders RALF MICHAELS, Transnational Conflicts 12:00 Coffee 12:15 PANEL 2: Transnational Law s Implications for Theories of Unity, Heterogeneity and Pluralism PAUL SCHIFF BERMAN, From Transnational Law to Global Legal Pluralism REZA DIBADJ, Transnationalism and Federalism 13:30 Lunch 14:30 PANEL 3: Transnational Law s Drama(s): The Old and the New, the Known and the Unknown JOTHIE RAJAH, Transnational Law as Drama: Two Scenes and the Unseen ROBERT WAI, Transnational Legal Coercion STEPHEN MINAS, Jessup at the United Nations: International Legacy, Transnational Possibilities 16:15 Coffee 16:30 PANEL 4: The Politics of Transnational Law: Was there a Normative Message? A. CLAIRE CUTLER, Locating Private Transnational Authority and New Constitutional Governance in the Global Political Economy ADELLE BLACKETT, Transnational Law and Social Justice CHRISTOPHER WHYTOCK, Transnational Law and the Global Legal System 19:00 Dinner

4 Saturday 2 July 2016 Transnational Imaginaries: Actors, Norms, Processes Sixty Years After Jessup s Storrs Lectures 9:00 Coffee & Croissants 9:15 PANEL 5: ACTORS FLORIAN GRISEL, Jessup s Transnational Law in Context: The Relevance of his Framework for an Analysis of International Arbitration SHAHLA ALI, Transnational Law and Global Dispute Resolution LARRY CATÁ BACKER, Transnational Law and the Multinational Enterprise: From Legal Concept/Method Framework to Systemicity in Global Polycentric Governance Orders 11:00 Coffee 11:15 PANEL 6: NORMS GRALF-PETER CALLIESS, Transnational Law: Market and Antitrust ANTOINE DUVAL, What Lex Sportiva Tells You about Transnational Law JAN DALHUISEN, The Sources of Transnational Law and Their Hierarchy 13:00 Lunch & Walk along the Thames 15:00 PANEL 7: PROCESSES KARSTEN NOWROT, Aiding and Abetting in Theorising the Increasing Softification of the International Normative Order: A Darker Legacy of Jessup s Transnational Law? IVANA ISAILOVIC, Critical Edge: Family, Parenthood and Sexuality through Transnational Lenses THOMAS SCHULTZ & NICCOLÒ RIDI, Comity and Transnational Law 16:45 Coffee 17:00 PANEL 8: Law in Hiding : Emerging Methodologies in Transnational Law NATASHA AFFOLDER, Transnational Law as Law in Hiding : Brashness, Humility and Creativity in Researching Law s Frontiers PRABHAKAR SINGH, Jessup s Transnational Law: A Postcolonial Appraisal PEER ZUMBANSEN, Transnational Imaginaries: Law, Society and the Present 20:00 Conference Dinner List of Speakers: AFFOLDER, Natasha (University of British Columbia); ALI, Shahla (University of Hong Kong); BACKER, Larry Catá (Pennsylvania State University); BERMAN, Paul Schiff (George Washington University); BLACKETT, Adelle (McGill University); CALLIESS, Gralf-Peter (University of Bremen); CUTLER, A. Claire (University of Victoria); DALHUISEN, Jan (King s College London); DIBADJ, Reza (University of California at San Francisco); DUVAL, Antoine (Hasser Instituut); GRISEL, Florian (King s College London); ISAILOVIC, Ivana (McGill University); MICHAELS, Ralf (Duke University); MINAS, Stephen (King s College London); MUIR WATT, Horatia (Sciences Po); NOWROT, Karsten (University of Hamburg); RAJAH, Jothie (American

5 Bar Foundation); SCHULTZ, Thomas & RIDI, Niccolò (King s College London); SHAFFER, Gregory (University of California at Irvine); SINGH, Prabhakar (Jindal Global Law School); WAI, Robert (Osgoode Law School, York University); WHYTOCK, Christopher A. (University of California at Irvine); ZUMBANSEN, Peer (King s College London). Organisation: BHANDARI, Helen (TLI Coordinator); FAMA, Ada (King s College London, Student Organiser).