2011 Conference on Private Norms and Public Interests in Transnational Economic Law
Friday 17 June 2011, 9:00 am – 18:00 pm
Transnational law evolves in a field of tension between local and globalised concerns and on the fault line of public and private law, thus blurring traditional distinctions between horizontal and vertical relationships and defying acquired understandings of regulation. As a result, there is a need for reflection on the calibration of public interests in these predominantly private processes and on the reconciliation of the needs both of a globalised economy and local societies. This conference aims to address these issues by way of a series of case studies, both from the view of theory and practice.
Panel 1. Local Public Policies as Limits to Transnational Contracting?
The first panel inquires to what degree private international commercial contracts can create some kind of transnational law and how this idea of an emerging lex mercatoria clashes or can be squared with local public policies, in particular where they take the form of mandatory laws.
| Moderator: | John Beechey (Chairman of the ICC International Court of Arbitration) |
| Panellists: |
Hugh Collins (LSE Law Department) Jan Kleinheisterkamp (LSE Law Department) Jan Paulsson (LSE Centennial Professor; Freshfields) Ralf Michaels (Duke University School of Law) |
Panel 2. Private law and the public sector’s strategies for financial stability
This panel will consider the private law implications of recent public sector strategies designed to promote financial stability in the wake of the crisis. The interaction between public interest and private law is of profound importance in the context of reforms to promote financial stability, but the consequences of that interaction can vary dramatically across different areas of the markets. One central theme is whether this public/ private interaction has been considered in sufficient detail by the architects of public sector reform and how the challenges which it presents might be addressed.
| Moderator: | Niamh Moloney (LSE Law Department) |
| Panellists: | Jo Braithwaite (LSE Law Department) Philipp Paech (LSE Law Department) Joanna Perkins (Director of the Financial Markets Law Committee) Gilles Stuer (Belgian Central Bank) |
Panel 3. Institutional Structures for Transnational Law?
The third panel focuses on institutions and asks which institutional features or challenges are specific to individual regulatory domains and which at first sight transcend these domains and could therefore be more generic aspects of transnationalisation. These questions will be addressed through case studies on proposals for world courts for environmental and financial law and with an eye on investment law.
| Moderator: | Mary Footer (Nottingham) |
| Panellists: | Jeffrey Golden (LSE visiting professor) Stephen Hockman, QC (Chairman of the ICE Coalition) Julia Black (LSE Law Department) Veerle Heyvaert (LSE Law Department) |
Panel 4. Private Norms and Public Interests in Transnational Law
In light of discussions in the previous session, the last panel offers broader thoughts on the anatomy of transnational commercial law as a creature on the fault line between private ordering and public interest, both from a theoretic and from a practical perspective.
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Panellists: |
Michael Bridge (LSE Law Department) |
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Programme 8:30 am Coffee 9:15 am Welcome / Introduction 9:30 am First Panel 10:45 am Coffee 11:15 am Second Panel 12:30 pm Lunch 2:00 pm Third Panel 3:15 pm Coffee 3:45 pm Fourth Panel 17:00 pm Drinks reception
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Venue The Wolfson Theatre (NAB.LG01)
Registration This event is free but space is limited.
A limited number of travel bursaries, of 300 GBP each, are available
for PhD-students working in the broad area of transnational law.
Applicants should send a 500 word abstract of their research project to
J.A.Bomhoff@lse.ac.uk by 30
May 2011. We aim to notify awards by 4 June.
|
The Transnational
Law Project and this event are
generously supported by a grant from the
Featured publications
Panel 1
Hugh Collins, ‘Flipping Wreck: Lex Mercatoria on the Shoals of Ius Cogens’ (forthcoming) (see here)
Jan Kleinheisterkamp, ‘The Impact of Internationally Mandatory Laws on the Enforceability of Arbitration Agreements’ (2009) 3 World Arbitration and Mediation Review 91-120 (see here)
Jan Kleinheisterkamp, ‘Art. 1.4 (Mandatory Rules)’ and ‘Art. 1.5 (Exclusion or modification by the Parties)’, in: Vogenauer / Kleinheisterkamp, Commentary on the UNIDROIT Principles of International Commercial Contracts (OUP 2009) (see here)
Panel 2
Jo Braithwaite, ‘The inherent limits of “legal devices”: Lessons for the public sector’s central counterparty prescription for the OTC derivatives markets’, (2011) 12:1 European Business Organization Law Review 87-119 (see here)
Philipp Paech, ‘The need for an international instrument on the enforceability of close-out netting in general and in the context of bank resolution’, UNIDROIT 2011 Study 78C – Doc. 2 (see here)
Panel 3
Jeffrey Golden, ‘The Courts,
the Financial Crisis and Systemic Risk’,
(2009) 4:Suppl 1 Capital Markets Law Journal S141-S149 (see
here)
Julia Black, ‘Restructuring Global and EU Financial Regulation: Capacities, Coordination and Learning’, LSE Law, Society and Economy Working Paper Series, WPS 18-2010 (see here)
Stephen Hockman, ‘An
International Court for the Environment’,
(2009) 11 Environmental Law Review 1-4 (see
here)
Veerle Heyvaert, ‘Globalizing Regulation: Reaching Beyond the Borders of Chemical Safety’, (2009) 36:1 Journal of Law and Society 110-128 (see here)
Veerle Heyvaert, ‘Levelling Down, Levelling Up, and Governing Across: Three Responses to Hybridization in International Law’ (2009) 20:3 European Journal of International Law 647-674 (see here)
Panel 4
Gunther Teubner, 'A Constitutional Moment - The Logics of "Hit the Bottom"', in: P. Kjaer & G. Teubner, The Financial Crisis in Constitutional Perspective: The Dark Side of Functional Differentiation (Hart 2011) (click here)
Jacco Bomhoff (with Anne Meuwese), ‘The Meta-Regulation of Transnational Private Regulation’, (2010) 38:1 Journal of Law and Society 138 (see here)
If you do not have access to the databases linked to, please email to Law.TL.Project@lse.ac.uk.
For more information on the events of the Transnational Law Project see:
http://www.lse.ac.uk/collections/law/projects/tlp/events.htm
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