30 January 2013

WORKSHOP: Crossroads East and West: Visions of the Economy in the Islamic and Western Legal Traditions


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

“Islamic Policy of Environmental Conservation”
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

“Social Justice, Protection of Weaker Parties, and Economic Challenges in Islamic Contract Law”
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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