Policy Workshop Teams
These peer-to-peer sessions form the core of the Workshop experience: an opportunity to brainstorm together in new ways about pressing policy challenges. Each participant will bring a recent policy experience to the group for discussion. Participants will be mentored by renowned faculty members selected by the Institute for Global Law and Policy at Harvard Law School who will facilitate thematic discussions and encourage interactive learning drawing from experiences of the participants. This small-group format allows participants to engage on a one-on-one basis with their peers and specialist faculty members, as well as to share ideas and receive feedback on their work. Participants will be assigned to a group and paired with a partner.
Presenting a policy initiative is a crucial professional skill, whether one is addressing a senior colleague, a minister, a group of stakeholders or a public setting. Each participant will strengthen this skill by giving a short presentation on a policy issue to their Workshop Team.
The plenary sessions of the Workshop will feature presentations, lectures or panel discussions by accomplished experts from various fields who will provide participants with insight into the policy spheres at various levels and the underlying concepts of the rule of law. They will also serve as an overview of the most effective thinking about the rule of law as a foundation for making informed political choices and building sustainable policy. The following Rule of Law lectures have been confirmed:
Interactive mini-courses are offered by the IGLP faculty to review current scholarly developments and engage in case-based learning while engaging with global IGLP Workshop participants. Each participant will choose the following streams based on their interests and preferences.
Faculty: Ben Hurlbut (United States) Arizona State University and Sheila Jasanoff (United States) Harvard Kennedy School
Faculty: Helena Alviar (Colombia) Universidad de los Andes and Deval Desai (United States) The Graduate Institute, Geneva and Ermal Frasheri (Albania) Harvard Kennedy School
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.
Faculty:Andrew Lang (United Kingdom) Edinburgh Law School and 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.
Faculty: Luis Eslava (Colombia and Australia) Kent Law School and Lucie White (United States) Harvard Law School
Poverty is becoming more complex than the absence of basic resources. Today it often means living at the margins of social organization; in a world of precarious employment, global inequality and the increasing securitization of daily life. This stream will explore the political economy and ethnographic realities of this “new poverty” and the polices, macro and micro, which affect it and try to deal with it. To sharpen our focus, we will begin by examining contemporary policies aimed at achieving the social inclusion of young criminals in Latin America (often poor young racialised males involved in, for example, drug trafficking and mobile phone theft) and the assumptions, mechanics and unexpected outcomes of such policies.
Faculty: Hisashi Harata (Japan) The University of Tokyo and Margaret Woo (United States) Northeastern University School of Law
Asia has always presented itself as a challenge to the western liberal legal order. Recent rise in nationalism and the race to market dominance, however, have led to movements towards illiberal laws around the world and also in Asia. This stream will examine some the these trends.
Faculty: Ratna Kapur (India) Queen Mary University of London and Vasuki Nesiah (United States) New York University and E. Tendayi Achiume (Zambia) University of California, Los Angeles Law School
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
Faculty: Dennis Davis (South Africa) High Court of Cape Town and Robert Chu (United States) Sullivan & Cromwell LLP and Wei Cui (China) University of British Columbia
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.
Faculty: Gunter Frankenberg (Germany) Goethe-Universität Frankfurt am Main and Mika Yokoyama (Japan) Kyoto University
The stream will focus on the problems raised by child abduction in broken marriages. In historical and comparative perspective we will deconstruct the logic of paradigmatic court rulings (King Solomon, People’s Judge Azdak, ICJ) as well as the counter-pull between universal legal documents and local customs inselected Asian family law cases.
Faculty: John Ohnesorge (United States) University of Wisconsin
Much of the discussion surrounding China’s One-Belt-One-Road program (OBOR) has focused on China’s objectives, whether it will attain those objectives, and problems that have arisen in specific participating countries. This stream will assume that OBOR will continue, and will ignore how, or whether, OBOR benefits China. We will focus instead on identifying conditions that might allow participating countries to benefit from OBOR, based on their specific circumstances and what we have observed so far about how OBOR functions. Participants will gain an overall picture of OBOR to date, and will share experiences that their own countries may have had. We will then engage in practical exercises designed to identify conditions under which recipient countries can ensure that OBOR works to their benefit.
Faculty: Osama Siddique (Pakistan) Law and Policy Research Network and El Cid Butuyan (Philippines) University of Hawaii
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.
Faculty: Dan Danielsen (United States) Northeastern University School of Law and Sundhya Pahuja (Australia) University of Melbourne
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.
Faculty: Horatia Muir Watt (France) Sciences Po Law School and 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.
Faculty: Karen Engle (United States) University of Texas at Austin and Kerry Rittich (Canada) University of Toronto Faculty of Law
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.
Faculty: Jorge Esquirol (United States) Florida International University College of Law and Outi Korhonen (Finland) University of Turku
Property takes different forms and serves different functions. This stream focuses on informal property interests: squatter holdings, agrarian reform beneficiaries, profit expectations of foreign investors. Our stream explores the nature of these claims. Are these inferior forms of property, mere expectations that may or may not ultimately be formalized, legally enforceable alternative social relations ? Additionally, the stream focuses on blockchain technology. Will this new technology have the effect of truncating the questions above ? Will blockchain technology inexorably narrow the range of standard property rights, or rather provide for more diversity in structuring legally protected interests ?
Faculty: Nikolas Rajkovic (Canada) Tilburg Law School
The iconic “World Map” has conditioned the way international lawyers visualize the relationship between authority and global space. Yet, that geopolitical picture is losing real-world traction.When the United Nations Charter was signed in 1945, New York was the only megacity on the earth with a population of over 10 million. By the year 2030, two-thirds of humanity and three-quarters of the globe’s corporations will be located in 40 megacities. International order is rematerializing beyond what modern cartography has long insisted is the map of geopolitical and geo-economic reality. This interdisciplinary stream seeks to conceptualise and visualise the unfolding materialism and inscription of international order today.
TIJ-IGLP Problems Lab
Problem Labs will be incorporated into the curriculum design of the 2019 TIJ-IGLP Workshop for Emerging Leaders and Scholars on the Rule of Law and Policy in order to increase integrative and enriching learning experience between policymakers and young academics drawn from diverse fields of work. Participants will be divided into 6 problem lab teams (equally between emerging leaders and scholars). Each team will consider one regional issue area and apply what they have learned. As a result, teams will propose innovative solutions to address issues at hand and present their findings/solutions to their peers. The curriculum is comprised of a total of two sessions, including:
- Session 1 – Problem Labs Breakouts (2 hours)
– 1 hour: TIJ representatives/experts will present issues, along with national/regional backdrop for discussion. IGLP faculty members will provide global context, international good/best practices to solve the problems, as well as link them to concepts of the rule of law and sustainable development framework.
– 1 hour: Team discussion and brainstorming session to analyze issues and produce innovative approaches to address those issues.
- Session 2 – Plenary (1.5 hours)
– Chosen representatives will debrief the issues and viable solutions to all of the participants.
The TIJ International Forum
Participants will receive the opportunity during a preparatory breakout session to derive and synthesize their discussions and findings to identify key themes with regards to the possible approaches in mainstreaming the rule of law into practical policy initiatives. Selected participants from each of the policy team workshop sessions will be invited to present their key findings at the Public Forum after the conclusion of the Workshop on Friday, January 11th .
The presentations will feature policy recommendations covering innovative solutions for the practical application of the rule of law. Representatives will be encouraged to select a mode of presentation they think is the most suitable for the content they wish to present.