2018 IGLP/TIJ Workshop Streams
1. Corporations in Global Society
Faculty: Dan Danielsen (United States) Northeastern University School of Law; Sundhya Pahuja (Australia) Melbourne Law School
In this Stream, we will look at the evolution of the corporation as an institution and explore some of its complex contributions to the organization and governance of social, economic and political life across the globe from the 16th century to the present. In the first session, we will suggest ways in which a richer understanding of the history of the corporation as a governance institution can illuminate contemporary patterns of global ordering. In the second session, we will turn to contemporary corporate ordering through a case study of focused on the Rana Plaza factory disaster in Bangladesh and global supply (or value) chains.
2. Criminal Justice
Faculty: Sinja Graf (Germany) National University of Singapore; Osama Siddique (Pakistan) Law and Research Policy Network
Effective criminal justice reform thinking and implementation requires deep appreciation of national contextual realities as well as meaningful adaptation of what has proven to work well across national boundaries. In this stream we will develop an analytical framework to examine reform projects from multiple lenses: historical, sociological, institutional, legal, geographical and knowledge/data focused. We will evaluate reform as not only as a technocratic domain but equally as a political phenomenon and strategy. Informed by select international literature, our collaborative learning method will emphasize vital actual experiential insights from our diverse faculty as well as seasoned participants.
3. Development Financing: One Silk Road Initiative
Faculty: Scott Newton (United States) SOAS, University of London; Leo Specht (Austria) Specht & Partner
The role of finance in development is widely acknowledged. Credit and debt are crucial to economic development from national infrastructure projects through investment in national champions and small or medium-sized enterprises to microcredit. This stream will examine the political economic impact of the new financial resources and institutional arrangements associated with the Silk Road Economic Belt Initiative and its impact on development, inequality and political possibilities from China and Southeast Asia through to Europe.
4. Good Governance: Public and Constitutional Law
Faculty: Günter Frankenberg (Germany) Goethe-Universität Frankfurt am Main; Nikolas Rajkovic (Canada) Tilburg University
This stream will explore the ways in which governance is performed in contemporary policy work. We will focus on the role of law in governance as a site of choice rather than a ready-made solution to significant policy challenges. The limits of law, the unintended consequences of law and the importance of legal arrangements which may be difficult to perceive – private, informal, foreign – will all be considered. We will focus on the understanding what constitutions can and cannot do against corruption.
5. Global Regulation, Finance and Tax Policy
Faculty: Robert Chu (United States) Sullivan and Cromwell LLP; Wei Cui (China) University of British Columbia; Dennis Davis (South Africa) High Court of Cape Town & University of Cape Town
This stream will explore the forces which structure the global regulatory terrain. We will consider the tension between global, regional or bilateral trade regimes and the policy space for national regulation; as well as the vastly unequal power of different national regulators, all of whom affect economic life beyond their borders in ways they have and have not anticipated. We aim to help participants map, navigate and alter the complex global regulatory terrain affecting their economic development objectives.
6. Human Rights and Social Justice
Faculty: Ratna Kapur (India) Queen Mary University of London; Zinaida Miller (United States) Seton Hall University
This stream will explore the relationship between violence and human rights law and advocacy. Human rights are often imagined as placing limits on violence. But they are also used to legitimate violence and to facilitate the exercise of violent power by individuals and states. We will explore this relationship by considering different forms of violence—spectacular, structural, slow, and revolutionary – and the role of human rights both in attending to and normalizing that violence. We will consider several case studies around issues such as the environment, trafficking, and religion.
7. International Law
Faculty: Antony Anghie (United States) National University of Singapore; BS Chimni (India) Jawaharlal Nehru University
This stream and readings introduce Third World Approaches to International (TWAIL) scholarship. We will cover the emergence of TWAIL and some of its basic concerns and themes. Readings also include two recent and influential articles exploring international law in Asia, this in order to consider how TWAIL might understand current developments in Asia. We will also cover TWAIL scholarship that suggests future directions in TWAIL scholarship. What should TWAIL scholarship be?
8. Law and Development
Faculty:Helena Alviar (Colombia) Universidad de los Andes & Northeastern University School of Law; John Ohnesorge (United States) University of Wisconsin; Hani Sayed (Syria) The American University in Cairo
This Stream investigates legal reform strategies geared towards inducing economic growth and social welfare in developing countries. We will consider a range of approaches to government and markets and the influence of international legal regimes for trade, investment and human rights. We will explore the role of law in economic and social theories of development, the global and intellectual context that channels the range of development reform, and recent shifts in development theory and state practice. We will focus particular attention on choices: alternate legal arrangements which may open alternate trajectories for development with different patterns of inequality or social justice.
9. Law and Inequality: Labor, Migration & Debt
Faculty: Jason Jackson (United States & Jamaica) Massachusetts Institute of Technology; Kerry Rittich (Canada) University of Toronto
This Stream investigates legal reform strategies geared towards inducing economic growth and social welfare. We will explore the role of law in economic and social theories of development, the global and intellectual context that channels the range of development reform, and recent shifts in development theory and state practice as they impact labor and the working environment.
10. Law, Religion, Gender and the State in Southeast Asia
Faculty: Vanja Hamzic (Boznia and Herzegovina) SOAS, University of London; Lucas Lisinski (Brazil) University of New South Wales; Jothie Rajah (Singapore) The American Bar Foundation
This stream will examine past and present legal traditions in Southeast Asia, focusing on their diversity and the reality of legal pluralism in the region. We will consider ideas about law, legal history and the protection of cultural heritage through case studies of Cambodia, Indonesia, Myanmar, Singapore and Thailand. By canvassing these complex social, political and legal systems, the stream will explore the role that law plays in conceptions of religion, gender and the state.
11. Poverty and Social Inclusion
Faculty: Vasuki Nesiah (United States) New York University; Yishai Blank (United States) Harvard Law School
This stream will examine the distributive role of legal ideas, legal norms and legal institutions as they affect the incidence of poverty and inequality. Through theoretical readings and case analyses, we will map the relationship of law to poverty using various methods, including socio-legal analysis of the distribution of formal or official law, examination of the use of law in struggles over rent in extractive industries and global value chains, and the potential for various rights regimes to strengthen or weaken these dynamics. Our goal will be to offer an overview of critical legal methods for examining law’s role in poverty and inequality, particularly in the developing world.
12. Private Law and Global Political Economy
Faculty: Jorge Esquirol (United States) Florida International University; Horatia Muir Watt (France) Sciences Po Law School; Robert Wai (Canada) Osgoode Hall Law School
This stream will examine the role of private law – both nationally and transnationally – in structuring global political and economic affairs. We are particularly interested in the political choices embedded in private law regimes as they affect inequality and opportunities for development. We will also consider the relationship between formal or official entitlement schemes and the unofficial and often informal world of customary law and social norms for the economic life of both the global poor and the global elite.
13. Science, Technology and Expertise in Policy
Faculty: Julia Dehm (Australia) La Trobe Law School; Sheila Jasanoff (United States) Harvard Kennedy School of Government
This stream will focus on the relationships among science, technology, and political power in contemporary policy making. The modern state’s capacity to produce and use scientific knowledge is significant both in the production and maintenance of political order and in shaping or justifying the choices faced by policy elites. We will focus on the role of scientific knowledge in policy-making oriented to environmental “sustainability.”
14. The Circulation of Law in East Asia
Faculty: Hisashi Harata (Japan) The University of Tokyo; Mika Yokoyama (Japan) Kyoto University; Yun-Ru Chen (Taiwan) National Taiwan University
How do legal ideas, doctrines and institutions move from place to place? As “legal transplants” accepted or refused? As colonial – or neo-colonial – compulsion? Through a more complex global circulation of legal knowledge and experience? The experience of East Asian countries may be indicative. Japan, for example, was first country acknowledged as “civilized” by the West — what did Japan really adopt, what was forced upon them – and what compromises did Western powers make in adopting Japan into their legal community? As Japan used similar legal tools in colonizing other Asian countries, how did they respond, to “westernization” by Japan to modernize their own legal systems? How do more recent experiences of legal Americanization compare with these earlier colonial moments? How to understand the multilateral circulation of legal knowledge and experience we find today among many Asian nations?
15.Trade Policy: Contemporary Issues
Faculty: Alvaro Santos (Mexico) Georgetown Law; Chantal Thomas (United States) Cornell University; Mark Wu (United States) Harvard Law School
The legal terrain for trade has undergone a series of reorientations over the last decades, from multilateral to bilateral, to regional – and now to a complex and variegated set of overlapping regimes. We will consider the political – and economic – stakes involved for nations with various perspectives and economic strategies as they engage the regime. Our aim is to help clarify the choices embedded in current regions and options for their productive contestation and change.