Crossroads
East and West:
Visions of the Economy in the Islamic
and Western Legal Traditions
International
Workshop
Turin,
International University College
IUC Lecture
Hall, Piazza Paleocapa 2, 2nd floor
4-5 February 2013
While open to the public, space is
limited and pre-registration is required
Please RSVP by February 1, 2013 to ignazio@castellucci.eu and akoppel1@jhu.edu
Program
Announcement
As the world enters a post-global
phase featuring a growing multipolarity of economic, legal and political
systems, the Western-driven global order that emerged at the end of the 20th
century is being redefined in the 21st. The international workshop will therefore
be devoted to exploring emerging trends and dynamics in the economies, economic
relations, and legal interplay between these increasingly interconnected
systems, with a focus on a comparative analysis between the legal and economic
traditions based on or underpinned by Islamic law with the legal traditions and
economic systems grounded in civil and common law traditions.
Divergences and convergences should
emerge from the workshop, permitting a better assessment of current
developments and of the possible outlines of future legal features of economies
and economic relationships in an incresaingly multi-polar world. The macro-theme
of the event will therefore be the economy in its largest sense, with a view to
developing legal comparative analyses of economic phenomena rooted in Islamic legal
thought—both Sunni and Shi’a, and the relevant perspectives from common and
civil law. The workshop aims at illuminating the breadth of fundamental legal-economic
and related societal themes underpinning the Islamic and Western legal-economic
systems and the relationships between the two, in a comparative perspective.
Organizing Committee:
Scientific Director : Dr. Ignazio
Castellucci, University of Trento
Dr. Mohamed Mattar, The Protection Project
Dr. Giuseppe Mastruzzo, International University
Secretariat:
Ms. Anna Koppel, The Protection Project
Ms. Silvia Quazzo, International University
College-Turin
Crossroads
East and West:
Visions of the Economy in the Islamic
and Western Legal Traditions
MONDAY. FEBRUARY 4, 2013
08:45 Registration
09:30 Opening Session
Chair: Ignazio
Castellucci, Professor
of Asian Legal Traditions and Chinese Law, University of Trento, Trento, Italy;
Professor of Comparative Legal Systems, University of Macau, Macau, China
Opening and Welcome
Addresses
Saki Bailey, Faculty Member, Lecturer in Human Rights & International &
Foreign Legal Research; Executive Director, Institute for the Study of
Political Economy & the Law, International University College (IUC), Turin,
Italy
Mohamed Mattar, Senior Research Professor of International Law,
Executive Director, The Protection Project at The Johns Hopkins
University-SAIS, Washington, DC, USA
Seyed Mostafa Mirmohammadi Azizi, Professor of Law, Director of
Center for Comparative Law Studies, Mofid University, Qom, Iran
Keynote Speeches
“The West and the
Rest in Comparative Law”
Ugo Mattei, Professor, Università degli Studi di Torino, Italy; Alfred & Hanna Fromm Distinguished Professor of
International and Comparative Law, University of California, Hastings College
of Law, San Francisco, USA
"An Economic
Analysis of Islamic Law"
Frank Emmert, John S. Grimes
Professor of Law, Director, Center for International and Comparative Law,
Project Director Egypt, Indiana University Robert H. McKinney School of
Law, Indianapolis, IN, USA & Salma Taman, SJD
candidate, Robert H. McKinney School of Law
11:30
Global and Islamic
Finance and Insurance I: General Features
Chair: Ulrich
Stege, Faculty Member, Coordinator, Clinical Program, International University
College (IUC), Turin, Italy
“General Objectives
and Essentials (Maqasid) of Islamic
Law and the Islamic Financial System”
Mohamed Kamal Imam, Professor of Islamic Law, Faculty of Law,
Alexandria University, Alexandria, Egypt
“Characteristics of the Islamic Legal Method of Financing”
Mohammad Reza Yousefi Sheikh Robat, Faculty Member, Economics Department, Mofid
University
“Islamic Alternatives to Insurance”
Gaber Abdelhady Salem El Shafey, Professor of Islamic Law and Chair, Islamic
Law Department, Alexandria University, Alexandria, Egypt
14:30
Global and Islamic
Finance II: Legal Hybridity &
Geopolitical
Dimensions of Islamic Finance
Chair: Yadollah Dadgar, Professor of Economics, Shahid Beheshti
University, Tehran, Iran
“Toward Common Standards Applicable in Both Islamic and
Conventional Financial Markets in the Globalization Era: A Hybrid Approach”
Nasser Elahi, Faculty Member, Economics Department, Mofid University,
Qom, Iran
“Islamic Finance, Arab Spring and Globalization: New
Challenges for the MENA Region”
Giovanni Lippa, Facoltà
di Alta Formazione Europea e Mediterranea “Jean Monnet,” Rome, Italy
“Eastern and Western Law and Finance: Two Stories Coming Full
Circle (Maybe)”
Ignazio Castellucci, Professor of Asian
Legal Traditions and Chinese Law, University of Trento, Trento, Italy;
Professor of Comparative Legal Systems, University of Macau, Macau, China
16:30
Life, Economy and the Law
Chair: Fatma
Bouraoui, Professor, Faculté
des Sciences Juridiques, Politiques et Sociales, Tunis, Tunisia
Mohamed Arafa, Adjunct Professor, Indiana University
Robert H. McKinney School of Law, Indianapolis, IN, USA
“On Law and Economics in Byzantium”
Nikitas Hatzimihail, Professor of Private Law, University of
Cyprus, Nicosia, Cyprus
“OHADA and Islamic Law: a Research
Path”
Salvatore
Mancuso, Chair, Professor,
and Director, Centre for Comparative Law in Africa, University of Cape Town,
Cape Town, South Africa
“Comparing the ‘waqf’ Institution
with Trusts and Foundations”
George
Bugeja, Advocate, Ganado & Associates, Advocates, Malta
TUESDAY. FEBRUARY 5, 2013
09:45
Global and Islamic Finance and Insurance III:
Public Governance and the State
Chair: Ignazio Castellucci, Professor of Asian Legal
Traditions and Chinese Law, University of Trento, Trento, Italy; Professor of
Comparative Legal Systems, University of Macau, Macau, China
“Islamic Finance and Actual Performance of Muslim Countries”
Yadollah Dadgar, Professor of Economics, Shahid
Beheshti University, Tehran, Iran
“The Extent of Consistency of Legal Regulation of Legitimate
Controls for the Applications of Islamic Sukuk in Financial Transactions"
Qais Enizan Al-Sharaiyri, Associate Professor of
Commercial Law, Amman Arab University, Amman, Jordan & Noor Akaif Dabbas, Faculty of Law, Irbid
National University, Irbid, Jordan
“The Jordanian Law on Islamic Sukuk and International
Implications of Islamic Sukuk Financing”
Tariq Hammouri, Dean, Faculty of Law, University
of Jordan, Amman, Jordan
“Conceptualizing Legal and Sharia Compliance Risks in
Generating Legitimate Profit: An Analysis of Sale and Trading Activities and
Court Judgments in Malaysia and the UK”
Mohd Zakhiri Md Nor, Researcher,
College of Law, Government and International Studies, Universiti Utara
Malaysia, Kedah, Malaysia
11:30
Contractual Justice
Chair: Mohamed Mattar, Senior Research Professor of
International Law, Executive Director, The Protection Project at The Johns
Hopkins University-SAIS, Washington, DC, USA
Valentina M. Donini, Researcher, Scuola Superiore dell’Economia e delle Finanze, Rome, Italy
“Contract Law: Protection of the Weak Party”
Morteza Mohammadi, Professor, Faculty of Law, Mofid University, Qom, Iran
“The Good Faith Standard in the Execution of a Contract: A Comparative Study between Tunisia, French Law, and Principles of UNIDROIT”
Fatma Bouraoui, Professor, Faculté des Sciences Juridiques, Politiques et Sociales, Tunis, Tunisia
“Contract Law: Change of Circumstances”
Naser Ghorbannia Mirak Mahalleh, Professor, Faculty of Law, Mofid University, Qom, Iran
14:45
Law Clinics and Bridging Cultural Gaps in Legal
Education
Chair: Alberto Oddenino, Associate
Professor, Faculty of Law, Università degli Studi di Torino, Turin, Italy
Mohamed Mattar, Senior Research Professor of International Law, Executive Director, The
Protection Project at The Johns Hopkins University-SAIS, Washington, DC, USA
Ulrich Stege, Faculty Member, Coordinator,
Clinical Program, International University College (IUC), Turin, Italy
Marzia Barbera, Faculty of Law, Coordinator, Clinic of Brescia, University of Brescia,
Brescia, Italy
16:15
Wrap-Up and Closing
Session
Chair: Giuseppe Mastruzzo, Director,
IUC, Turin, Italy
Mohamed Mattar, Senior Research Professor of International Law, Executive Director, The
Protection Project at The Johns Hopkins University-SAIS, Washington, DC, USA
Ignazio Castellucci, Professor of Asian Legal
Traditions and Chinese Law, University of Trento, Trento, Italy; Professor of
Comparative Legal Systems, University of Macau, Macau, China
Seyed Mostafa Mirmohammadi Azizi, Professor of Law, Director of Center for Comparative Law Studies, Mofid
University, Qom, Iran
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