30 May 2013

REMINDER: Juris Diversitas' Inaugural Annual Conference


3-4 June 2013 - Lausanne, Switzerland
Co-Sponsored by the Swiss Institute of Comparative Law and Juris Diversitas

The conference’s keynote is Esin Örücü's ‘Four Circles of Diffusion Infusing the Legal System of Turkey’. 

The conference panels include the following:
  • Challenging and Rebuilding Homogeneity
  • Challenging Legal Traditions and Families
  • Circulation of Institution and Standards in Criminal Justice
  • Colonial and Postcolonial Legacy
  • Diffusion and Contamination in Family Law
  • Diffusion of Small Business Entities
  • Domestication of Western Legal Ideas in the Near and Middle East
  • Eastern and Western Europe: Identity and Transplant
  • History, Semiotics, and Normative Translation
  • Institutional, Doctrinal, and Judicial Vehicles of Legal Diffusion
  • Legal Transplants in Recent Codes
  • Mixed Jurisdictions in Historical Perspective
  • Mixed Jurisdictions on the Move
  • Moving Constitutional Doctrines: Theory and Practic
  • Public Policy and Internal Diffusion of Norms
  • Revisiting the Geography and Notion of Legal Transplant
  • Shifting Boundaries: Societies in Transition
  • Western Influences in the Asia Pacific Region

Introducing a Juris Diversitas project on micro-jurisdictions, Ignazio Castellucci will speak on ‘Micro-Jurisdictions Through the Westphalian Lens: a Research Proposal’.

Finally, after Olivier Moréteau's ‘Introductory remarks on Academic Formalism in France and the United States', a panel discussion on ‘Diffusion, Past and Future, Reshaping Comparative Law?’ will take place with the Juris Diversitas Exceutive Committee.

The full programme is available here. For additional information, contact Marie Papeil at marie.papeil@isdc-dfjp.unil.ch.

I hope to see you there. Seán Patrick Donlan


European Law Journal: review of European LAw In Context

Early View (Online Version of Record published before inclusion in an issue)

These Early View articles are now available on Wiley Online Library

Original Articles

Europe: Political, Not Cosmopolitan
Alexander Somek
Article first published online: 22 MAY 2013 | DOI: 10.1111/eulj.12056

OPPORTUNITY: ABA-UNDP International Legal Resource Center (ILRC) - Viet Nam

The ABA-UNDP International Legal Resource Center (ILRC) has received a request from UNDP/Viet Nam for a senior expert to conduct a comparative study on “Methods on Land Dispute.” Land grievances dominate complaints sent up to the central government which is usually accounted for no less than 70% of all types of administrative complains and petitions in Viet Nam during 10 years since the existing Land Law of 2003 came into effect. Along with the Land Law, Viet Nam has many laws and related decrees, directives, and guidelines related to land and its management. These normative documents are regularly updated and amended reflecting the pressures associated with a market-driven economy with a socialist orientation.

Revisions of the Land Law have now placed on National Assembly’s agenda for approval in June 2013. The new revisions if approved can come into effect in January 2014. Therefore, it is timely to provide advice on alternative solutions to remove existing biases in the law, to create equitable treatment across land users, and to ensure due process in land conversion and recovery, fair treatment in resolving complains and grievances. In order to recommend policy options in supporting the protection of all legitimate rights and interests of land users, UNDP/Viet Nam will commission a comparative study on international experiences on available remedies for resolving land disputes with emphasis on institutional analysis. The study will help identify alternative good practice and lessons for Viet Nam to consider in its review of the current system of handling land disputes, particularly disputes about land conversion and recovery.

CALL FOR PAPERS: Poetics of Law, Politics of Self Conference


3-5 September 2013
Plymouth University and Mount Edgcumbe House

Organisers: Dr Nandini Chatterjee (Plymouth) and
Dr Charlotte Smith (Reading)

This conference seeks to explore the 'meaning-making' functions of law and examine the role played by imperial law in the fashioning of cultural identities.

Conceived within the broader thematic of colonial law and cultural change, this conference is the final academic event planned within the AHRC funded research network - 'Subjects of law: rightful selves and the legal process in imperial Britain and the British Empire.'

While the transformative effects of colonial legal governance are widely acknowledged, scholars no longer agree that this was solely a matter of the transference of the concept of the individuated, possessive, egalitarian and reflexive self from post-Enlightenment Europe to other regions of the world through the instruments of private property, rule of law and an adversarial concept of rights. Research has shown that inequality and hierarchy, communitarian and special interest claims, discretionary rule and the circumvention of due process, were not merely the result of occasional accommodation of local culture or deviation from true British standards, but the very substance of colonial rule itself. Moreover, law may itself have imposed or incited statements of cultural alterity, not merely accommodated or contended with it.

29 May 2013

OPPORTUNITY: ABA-UNDP International Legal Resource Center (ILRC) - Venezuela

The ABA-UNDP International Legal Resource Center (ILRC) has received a request from the ABA Center for Human Rights Justice Defenders (JD) Program for a pro bono attorney to observe hearings in the trial in Venezuela. The JD Program provides pro bono legal assistance to human rights defenders who are the subject of harassment. Specifically, the program: a) advises and supports embattled human rights advocates by providing international and comparative legal research, and consulting on litigation strategies and b) observes and raises public awareness of trials and provides analysis of sensitive issues.
The JD Program, in collaboration with other international legal organizations, is monitoring the trial of a South American attorney who is facing spurious criminal charges in retaliation for her commitment to human rights. Since her arrest, national and international human rights groups have raised various concerns over the legality of her detention.

A pro bono attorney is needed to travel to Venezuela to observe hearings in the trial.

· Deliverable
Trial monitors will be expected to observe the full day of proceedings. Each hearing usually lasts one business day. Trial monitors will be expected to submit a preliminary report upon completion of the mission, no more than 3 business days after the last day of observation.
· Logistics
The anticipated schedule for observations will be once every 2 weeks for the next two to three months. Each trip will average three (3) days. Volunteers will be asked to indicate their availability several weeks in advance and will be informed of the exact hearing schedule the week before the hearing. The next anticipated hearing will take place in mid-June.
· Costs
This is a pro bono assignment based in Venezuela to commence once an expert is selected. The JD Program will cover the cost of travel.

OPPORTUNITY: ABA-UNDP International Legal Resource Center - Cambodia

The ABA-UNDP International Legal Resource Center (ILRC) has received a request from UNDP/Cambodia for an expert to assist in the formulation of climate change legislation. In response to climate change impacts on national development, the Royal Government of Cambodia (RGC) established in 2006 a high-level inter-ministerial National Climate Change Committee (NCCC) to provide policy guidance and coordination. In 2010, the NCCC launched the Cambodia Climate Change Alliance (CCCA), a multi-donor initiative aimed at creating the enabling conditions required for Cambodia to respond to the challenges and opportunities of Climate Change. The CCCA organizational structure is based on strong Government ownership and alignment with the existing Government institutional arrangements. The CCCA is implemented by the Ministry of Environment (MoE) on behalf of the NCCC and integrated into the organization and function of the Climate Change Department. The CCCA team also includes members from key lines ministries and members of the NCCC. The overall objective of the CCCA is to strengthen the capacity of the NCCC to fulfill its mandate to address climate change and to enable line ministries and CSOs to implement priority climate change actions.

One of the expected key results of CCCA is to improve the capacity to coordinate national policy making, capacity development, outreach/advocacy efforts, and to monitor the implementation of the national climate change strategy, policy and plans. The CCCA program is supporting the Government to formulate the Cambodia Climate Change Strategic Plan (CCCSP) which is in line with the country priorities as indicated in the National Strategic Development Plan (NSDP) update. Development of the CCCSP is to provide strategic guidance to support Cambodia to prepare itself not only to address climate change impacts, but also to take opportunities of global climate change funding support for initiatives contributing to Cambodia’s sustainable development and poverty reduction. The CCCSP will also provide strategic guidance on how climate change can contribute to emission reduction and resilient capacity, paving the way for sustainable development and effective poverty reduction. The comprehensive process of the CCCSP development requires the assistance of external and internal expertise to the CCCA. This includes the formulation of legislation crucial for the implementation of the CCCSP and national climate change response.

EDUCATION: LLM/MSc in Comparative Law, Economics, and Finance

International University College (IUC) of Turin
LLM and MSc Degree Programs
in "Comparative Law, Economics, and Finance"

The International University College (IUC) of Turin (http://www.iuctorino.it) is accepting applications for the 2013-2014 LLM and MSc Degree programs in "Comparative Law, Economics, and Finance" with classes taught entirely in English.

At the IUC of Turin a number of renowned intellectuals and scholars from around the world serve on the faculty and advisory board, including: Guido Calabresi (former Dean of the Yale School of Law), David Gerber (Chicago Kent School of Law), Josef Halevi (University of Sydney), Duncan Kennedy (Harvard Law School), Ugo Mattei (University of Torino & University of California, Hastings), Stefano Rodota (coauthor of the European Charter of Fundamental Rights), Amartya Sen (Nobel Laureate), Gunther Teubner (Frankfurt School), Jan Toporowski (SOAS, University of London), Gustavo Zagrebelsky (Emeritus President of the Italian Constitutional Court).

PROGRAM DESCRIPTION: The IUC Academic Program aspires to develop broader, context driven approaches that may equip students with both a sophisticated understanding of the contemporary debates within the legal and economic profession, and familiarize them with the tools for critical analysis. The IUC offers two Degree Programs, a one year Master of Laws (LLM) and a two year Master of Science Degree (MSc). The curriculum is intended to provide students with a truly interdisciplinary and comparative approach to law, economics and finance.

APPLICATIONS/FURTHER INFORMATION: There is no fee to apply. Applications are accepted until June 15th, 2013. Late applications might be given consideration. Full-living grants are available.

If you have any questions about the application or about the LLM/MSc CLEF and studying at IUC, please feel free to send an email to applications@iuctorino.it or call us at (+39) 011 440 7007.

CONFERENCE: Law and Legal Education in the Americas - Comparative Perspectives

Law and Legal Education in the Americas
Comparative Perspectives
June 21-22, 2013, UDM School of Law

The University of Detroit Mercy School of Law, the University of Windsor Faculty of Law, and the Instituto Tecnologico y de Estudios Superiores de Monterrey stand alone in dual-degree offerings that provide students with the degrees necessary to practice in Canada, the United States, and Mexico, with the only three-year comparative Canadian and American dual-degree program and the first Mexican and American dual-degree program of its kind.

These partners invite you to attend Law & Legal Education in the Americas: Comparative Perspectives on June 21-22, 2013, at UDM School of Law. Registration is now open. Please see http://www.lita2013.com for additional information and follow the conference on Twitter.

The conference will explore three distinct paths: social justice, professionalism & pedagogy, and commercial and consumer law, which are tailored to reflect the emphasis of the dual-degree programs and the institutions themselves.

CONFERENCE LOCATION: The conference will take place at the University of Detroit Mercy's newly renovated law building, historic Dowling Hall, which was built in 1890 by the renowned architect Gordon Lloyd. The School of Law is located in the heart of Detroit's revitalized business district, with hotel accommodations just two blocks away at the Marriott Hotel Renaissance Center in the GM World Headquarters building, with beautiful views of the Detroit River and Canada. Special hotel rates are available until May 30, 2013. Details may be found on the conference web site at http://www.lita2013.com

OPPORTUNITY: ABA-UNDP International Legal Resource Center - Liberia

The ABA-UNDP International Legal Resource Center (ILRC) has received a request from UNDP/Liberia for one (1) expert to advice and support the Constitution Review Committee (CRC) as it launches its civic education campaign and undertakes other efforts relating to design and implementation of the constitutional review. In Liberia, the United Nations is represented by the UN Mission in Liberia (UNMIL), as well as 16 specialized agencies, funds, programs, and the World Bank. All UN programs in Liberia are aligned with the Agenda for Transformation. Initiatives are underway in each of the Government’s four pillars: enhancing national security; revitalizing the economy; strengthening governance and rule of law; and rehabilitating infrastructure and basic social services.

After decades of military rule, political instability, and civil war, Liberians have entered a new era of peace and democracy and are ready to come together and agree on a new revised charter that will define who they are as a nation and how they want to be governed. The social, political, and economic landscape of Liberia has evolved significantly since the 1986 Constitution was adopted. The Comprehensive Peace Agreement of 2003 adjusted parts of the 1986 Constitution to enable the holding of the first post-conflict democratic elections. Having successfully conducted a second set of peaceful and democratic elections in 2011, Liberia is now ready to review the 1986 Constitution and consider amending the Constitution to reflect current post-conflict democratic realities and aspirations.

The President of Liberia appointed the CRC in August 2012 to lead the review process, and, for that purpose, to engage with the public and key stakeholders. The CRC intends to conduct an extensive civic education campaign and broad and inclusive public consultations on provisions of the Constitution in order to propose consensus-based recommendations for constitutional reform. The process is expected to be completed in 2015. The United Nations in Liberia will support the constitutional review process through its “Support to Constitutional Reform Project” (the “UN project”), to be administrated by UNDP Liberia and expected to be initiated in the coming months. In the meantime, UNMIL is helping to expedite the process by supporting the CRC in the design and implementation of this review, in line with the objectives and planned activities of the UN project. 

CALL FOR BOOK PROPOSALS: Juris Diversitas Series with Ashgate Publishing

REMINDER: Book proposals are being sought for the Juris Diversitas Book Series with Ashgate Publishing:

Rooted in comparative law, the ... Series focuses on the interdisciplinary study of legal and normative mixtures and movements. Our interest is in comparison broadly conceived, extending beyond law narrowly understood to related fields. Titles might be geographical or temporal comparisons. They could focus on theory and methodology, substantive law, or legal cultures. They could investigate official or unofficial ‘legalities’, past and present and around the world. And, to effectively cross spatial, temporal, and normative boundaries, inter- and multi-disciplinary research is particularly welcome.

Our first volume will be Seán Patrick Donlan and Lukas Heckerdon-Ursheler (eds), Concepts of law: comparative, jurisprudential, and social science perspectives.

While we anticipate publishing future collections (original, conference-based, Festschriften, etc), we're also very interested in publishing monographs and student texts.

For additional information, contact Seán Patrick Donlan at sean.donlan@ul.ie.

PODCASTS: 2013 UK IVR Annual Conference - Legal Theory and Legal History: A Neglected Dialogue?

The 2013 UK IVR Annual Conference - Legal Theory and Legal History: A Neglected Dialogue? (12-13 April 2013) has made Podcasts of their keynotes and plenaries available here.

These are very highly recommended.
The conference was organised by the Legal Theory and Legal History Research Group at Queen Mary, University of London. The Group is convened by Professor Michael Lobban and Dr Maksymilian Del Mar.
To hear the Podcasts, click 'Launch Echoplayer' on the links below to play video, slides and audio:
  • Legal Theory and Legal History: A neglected dialogue - Keynote 1
  • Professor Quentin Skinner, The Concept of the State in Legal History and Theory
  • Legal Theory and Legal History: A neglected dialogue - Keynote 2

  • Professor John Bell, Is Comparative Law Necessary for Legal Theory?
  • Legal Theory and Legal History: A neglected dialogue - Keynote 3

  • Professor Joshua Getzler, Law and Self-Interest
  • Legal Theory and Legal History: A neglected dialogue - Plenary

  • Dr Eric Descheemaeker, Legal Rationality as Legal History, with commentary by Professor William Lucy.
    Dr Ian Williams, The Role of Rules: Legal Maxims in Early-Modern Common Law Principle and Practice, with commentary by Dr Thomas Poole.

  • Legal Theory and Legal History: A neglected dialogue - Closing Panel

  • Professor David Ibbetson and Professor Philip Schofield

    The 2013 annual conference of the UK Branch of the IVR was:

    28 May 2013

    FYI: No Foundations - An Interdisciplinary Journal of Law and Justice

    No Foundations: An Interdisciplinary Journal of Law and Justice is an international peer reviewed open-access journal that seeks to bridge the gap between law and other social and human activities and experiences.

    From its establishment in 2005 as No Foundations: Journal of Extreme Legal Positivism, the journal has been a platform for innovative and wide-ranging research in the fields of critical jurisprudence and socio-legal studies.

    The new name reflects our commitment to furthering interdisciplinary forms of dialogue. The emphasis on justice is meant to connect law both with its real effects on the lives of individuals and societies, and with the realm of human aspirations and ideals that cannot be easily measured or quantified.

    No Foundations is published once a year. Manuscripts are initially assessed by the editors, and then sent to two anonymous expert referees for final evaluation. At present, we publish articles by invitation only, but we will begin accepting general submissions in 2013.