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Academic

: Legal Theory Blog

Conference Announcement: International Congress of Comparative Law in Washington

By Lawrence Solum

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The XVIIIth International Congress of Comparative Law
July 25 - August 1, 2010
Washington, DC

 The details follow after the break.

Please note that changes and updates may be made due to further planning and speaker confirmations, although changes in the schedule will be kept to a minimum.

SUNDAY, JULY 25

2 - 6:30 pm

Registration and Exhibitors, The Ritz-Carlton

5:45 pm

Shuttle from Hotel lobby to the Opening Reception commences

6 pm

Opening Reception, Katzen Arts Center, American University, 4400 Massachusetts Ave., NW
With welcoming remarks by
Claudio Grossman
Dean & Geraldson Scholar, American University Washington College of Law
George Bermann
President, International Academy of Comparative Law
Symeon Symeonides
President, American Society of Comparative Law
David Snyder
Chair, Steering Committee, XVIIIth International Congress

8:15 pm

Shuttle from Katzen Arts Center to The Ritz Carlton Hotel commences

9 pm

Last bus back to the Ritz Carlton

MONDAY, JULY 26
All sessions will be at The Ritz Carlton unless otherwise indicated

7:30 am

Registration and Exhibitors

8 am

Continental Breakfast

9 am

Opening Plenary: The Role of Comparative Law in Courts and International Tribunals
Presenters: Justice Sabino Cassese, Italian Constitutional Court; Judge Diego García Sayán, president, the Inter-American Court of Human Rights; Judge Bruno Simma, International Court of Justice; Judge Rosemary Barkett, United States Court of Appeals for the Eleventh Circuit; and Carolyn Lamm, White & Case, Washington, DC, USA and President, American Bar Association
Chair: Jürgen Basedow, secretary-general, the International Academy of Comparative Law and director of the Max Planck Institute for Comparative and International Private Law

10:30 am

Coffee Break

11 am

Concurrent Sessions

(1) Legal History and Ethnology (I.A.): Legal Culture and Legal Transplants
General Reporter: Jorge Sánchez Cordero, Mexico
Chair: Reinhard Zimmermann, Hamburg, Germany

(2) Civil Law (II.A.): Catastrophic Damages - Liability and Insurance
General Reporter: Pablo Salvador Coderch, Barcelona, Spain
Chair: Herman Cousy, Leuven, Belgium

(3) Penal Law (V.A.): Corporate Criminal Liability
General Reporter: Mark Pieth, Basel, Switzerland
Chair: Susan Karamanian, Washington, D.C., USA

12:30 pm

Lunches: Please indicate on your registration form which lunch you plan to attend. Both lunches are open to all registrants.

(1) Association of American Law Schools Section on Comparative Law - A Dialogue on Comparative Law in the Curriculum with Abdullahi A. An-Na'im, Charles Howard Candler Professor of Law, Emory University School of Law, Atlanta, USA and James Q. Whitman, Ford Foundation Professor of Comparative and Foreign Law, Yale Law School, New Haven, USA. This lunch is cosponsored by Stanford University Law School and the German Law Journal.

(2) General Lunch

2 pm

Concurrent Sessions

(1) Civil Law (II.A.): Surrogate Motherhood
General Reporter: Françoise Monéger, Paris, France
Chair: Dagmar Coester-Waltjen, Göttingen, Germany

(2) Computers (VI.): Internet Crimes
General Reporter: Ulrich Sieber, Freiburg, Germany
Chair: Christine H. Brants-Langeraar, Utrecht, The Netherlands

(3) Special Session: Comparative Approaches to Transparency in Administration of Laws
The requirement that laws be administered in a transparent manner has been a basic tenet of U.S. administrative law since the passage of the United States Administrative Procedure Act in 1946. Over the past sixty-four years, transparency-related provisions such as publication, notice and comment rule making, whistleblower protection, and access to information have increased in number and prominence with the growth of the administrative state. Since the mid-1990s the term transparency has been used extensively in connection with the anti-corruption and good-governance initiatives of international financial institutions, the World Trade Organization as well as other regional and multilateral institutions, such as the OECD and the OAS, and donor groups and agencies. Increased transparency of international organizations has also been a rallying cry of civil society groups and other non-state actors. Yet little comparative work addresses the values represented by the concept of transparency. Within legal systems transparency has played and continues to play different roles in legitimating governance in different regions of the world and in democratic and non-democratic states. This panel compares the manner in which actors in various legal systems perceive and implement transparency requirements. The panel also explores how these perceptions and implementations of transparency express differing values and promote different goals.
Presenters:
Susan Rose-Ackerman, Henry R. Luce Professor of Law & Political Science, Yale Law School, New Haven, USA
Padideh Ala'i, Professor of Law, American University Washington College of Law, Washington, D.C., USA
Benedict Kingsbury, Murry and Ida Becker Professor of Law; Director, Institute for International Law and Justice, New York University, USA
Robert Vaughn, Professor of Law and A. Allen King Scholar, American University Washington College of Law, Washington, D.C., USA
Liu Wenjing, Associate Professor of Law, Jinan University Law School, China

3:30 pm

Coffee Break

4:00 pm

Concurrent Sessions

(1) Labour Law (III.C.): The Prohibition of Age Discrimination in Labour Relations
General Reporter: Monika Schlachter, Trier, Germany
Chair: Xavier Blanc-Jouvan, Paris, France

(2) Civil Procedure (II.C.): Cost and Fee Allocation Rules
General Reporter: Mathias Reimann, Ann Arbor, USA
Chair: Bénédicte Fauvarque-Cosson, Paris, France

(3) Special Session: Africa - Comparative Private Law and Transitional Social Justice
This panel will address a significant shift in comparative law. The panelists will use an impact analysis of private law reform in addressing issues of transitional social justice, from an African perspective. Such approaches depart from mainstream comparative law about Africa as well as by African comparative lawyers who for five decades after decolonization and World War II were mainly preoccupied with the interaction of received law and customary law in order to accommodate transplantation of international legal regimes into the traditional regimes. During this time, African governments and comparative lawyers working with international agencies carried out law reform programs aiming to harmonize domestic laws with international trade regimes in order to promote economic development as well as human rights and procedural justice. Until recently mainstream comparative law did not seek to understand whether received or newly-formulated private law achieved the normative and distributive outcomes assumed by international law reform projects. This panel will examine past and future reform proposals by addressing indistinctively the results of both transplanted and local norms on property rights, food and safety regulations, commercial investment practices and the extracting industries. This panel approaches transitional social justice problems arising in the African context as spurring from a particular local setting but at the same time using similar forms of legal reasoning and providing analytical insights that lawyers can adopt in the rest of the world.
Presenters:
Rugemeleza Nshala, Harvard Law School, Cambridge, USA - Economic Partnership Agreements, Food Safety, Trade, and Development -The Extractive Industry - World Bank Regulatory and Tax Reform Programs
Raymond Atuguba, University of Ghana, Faculty of Law, Ghana - Improving Commercial Investment Practices through Access to Justice Initiatives
Patricia Kameri Mbote, University of Nairobi, Faculty of Law, Kenya - Property Rights, Democracy, and Ethnicity - Private Law and the New Constitutionalism
Ramuald Haule, Dean Faculty of Law, Ruaha University College, Iringa, Tanzania
Chair: Sylvia W. Kang'ara, University of Washington School of Law, Seattle, USA

5:30 pm

Adjourn

6 - 8 pm

American Society of International Law Reception, Tillar House, 2223 Massachusetts Avenue, NW. This reception has limited space available. If you are interested, please register early. Priority will be given to early registrants and to members of ASIL.

TUESDAY, JULY 27
All sessions will be at George Washington University Law School, 2000 H Street, NW
unless otherwise indicated

7:00 am

Registration and Exhibitors, The Ritz-Carlton

7:45 am

GWU is within walking distance of The Ritz Carlton and only limited transport will be provided

8 am

Continental Breakfast

9 am

Concurrent Sessions
(1) Private International Law (II.B.): Consumer Protection in International Transactions
General Reporter: Diego Fernández Arroyo, Madrid, Spain
Chair: Spyridon Vrellis, Athens, Greece
(2) Public International Law (IV.A.): International Law in Domestic Systems
General Reporter: Dinah Shelton, The George Washington University Law School, Washington D.C., USA; Member, Inter-American Commission on Human Rights
Chair: Marek Safjan, Warsaw, Poland & Luxembourg
(3) Criminal Procedure (V.B.): The Exclusionary Rule
General Reporter: Stephen C. Thaman, St. Louis, USA
Chair: Jacques Robert, Paris, France

10:30 am

Coffee Break

11 am

Concurrent Sessions
(1) Intellectual Property Law (III.B.): Jurisdiction and Applicable Law in Matters of
Intellectual Property
General Reporter: Toshiyuki Kono, Fukuoka, Japan
Chair: Joost Blom, Vancouver, Canada
(2) Constitutional Law (IV.B.): Constitutional Courts as "Positive Legislators"
General Reporter: Allan Brewer-Carías, New York, USA
Chair: Attila Harmathy, Budapest, Hungary
(3) Special Session (to take place at The World Bank, "J" Building, 701 18th H Street, NW):Comparative and International Government Procurement Law: Stepping Stones to Reform
Some have called procurement law the "Cinderella" of the law -- the sad and forgotten stepsister of administrative law. No longer. Procurement totals trillions of dollars, pounds and Euros annually, and it has played a central role in the current economic recovery. As procurement systems around the world have come of age, a startling truth has emerged: these systems all share common legal norms, goals -- and problems. This panel will review the common procurement issues emerging around the world, and will discuss how our shared experiences can point the way to future reforms.
Panel members:
Daniel Gordon, Administrator, U.S. Office of Federal Procurement Policy, The White House, Washington, DC, USA
Pascale Dubois, Sanctions Evaluation and Suspension Officer, The World Bank, Washington, DC, USA
Laurence Folliot-Lalliot, Senior Counsel, The World Bank, Washington DC, USA (on leave from the University of Paris)
Eli Whitney Debevoise, Arnold & Porter LLP, Washington DC, USA, (former U.S. Executive Director, World Bank)
Christopher Yukins & Steven Schooner, Associate Professors & Co-Directors Government Procurement Law Program, The George Washington University Law School

12:30 pm

Lunches
(2) Intellectual Property Breakout Lunch
(2) Commercial Law Breakout Lunch
(3) Arbitration Breakout Lunch
(4) General Lunch

2 pm

Concurrent Sessions
(1) Air and Maritime Law (III.D.): The Law Applicable on the Continental Shelf and in the
Exclusive Economic Zone
General Reporter: Moira McConnell, Halifax, Canada
Chair: Jürgen Basedow, Hamburg, Germany
(2) Tax Law (IV.E.): Regulation of Corporate Tax Avoidance
General Reporter: Karen B. Brown, Washington, D.C., USA
Chair: Charles Gustafson, Washington, D.C., USA
(3) Civil Procedure (II.C.): Class Actions
General Reporter: Diego Corapi, Rome, Italy
Chair: David Clark, Salem, Oregon, USA

3:30 pm

Coffee Break

4 pm

Plenary: Islamic Finance and Banking in Comparative Perspective With welcome remarks by Frederick M. Lawrence, Dean, George Washington University Law School
The session will examine the challenge of maintaining Islamic finance as a workable phenomenon in light of the different legal environments in which it operates. The legal environments range from largely shari'a-based systems to secular ones, and ensuring uniformity is therefore a challenge under such circumstances. The panelists will focus on a range of different issues including jurisprudential considerations, legal practice in various countries, and the common question of whether or not Islamic finance rules and regulations should be standardized in some fashion.
Presenters:
Dr. Kilian Balz, Partner, Amereller Legal Consultants, Cairo and Dubai
Frank Vogel, Institution Quraysh for Law and Policy
Mahmoud El Gamal, Rice University, USA
Chair:
Professor Haider Ala Hamoudi, University of Pittsburgh Law School, USA

6 pm

Reception hosted by George Washington University

7:30 - 9 pm

American Society of Comparative Law meeting

WEDNESDAY, JULY 28:
SIGHTSEEING DAY
PRIVATE LAW THEORY WORKSHOP

7:00 am

Registration and Exhibition, The Ritz-Carlton

8 am

Continental Breakfast
Sightseeing
(1) Baltimore, to include tour of the harbor, excursion to Fort McHenry
(2) Washington Monuments and Sights via Tourmobile
(3) Washington via Metro (on own or with local students and residents)
(4) Mt. Vernon and Old Town Alexandria
(5) Program at the Law Library of Congress, one of the greatest law libraries in the world

9:00-5:00

Private Law Theory - A Workshop: To be held at American University
Washington College of Law, Room 603
The current crisis of public law, and of the state, has reinvigorated interest in private law and its theory. This global Private Law Theory meeting follows an inaugural meeting convened by Professor Dan Wielschin Cologne in May 2010. Scholars from all over the world are invited to share their views and perspectives, so debates that have often been national or regional can be linked and a global perspective may be possible. Our hope is to draw on as many voices and perspectives as possible. Therefore, we will launch a "call for scraps:" Each participant is asked to provide a one page position paper. This paper may summarize the scholar's own work, or present his or her vision for private law today, or make another contribution that may be of interest to others. This should facilitate our conversations.
Participation in the workshop is free, but registration and submission of a "scrap" are required. Lunch will be served. A separate program will be posted. We invite interested participants to contact us at michaels@law.duke.edu or fnicola@wcl.american.edu
Organizers:
Ralf Michaels, Duke University School of Law/Princeton University, USA
Fernanda Nicola, American University Washington College of Law, Washington D.C., USA

6 - 7:30 pm

Law Firm receptions: Please register if you would like to attend a reception at one of Washington's leading firms.
(1) Covington & Burling LLP, 1201 Pennsylvania Avenue, NW, 4:00 pm - 6:00
(2) Baker & McKenzie, 815 Connecticut Avenue, NW (TBC)


THURSDAY, JULY 29:
All sessions will be at Georgetown University Law Center, 600 New Jersey Avenue, NW
unless otherwise indicated.
Note that the Law Center is not located on the main Georgetown Campus

7:00 am

Registration and Exhibitors, The Ritz Carlton

7:30 am

Shuttle from The Ritz Carlton Hotel to Georgetown University Law Center commences

8 am

Continental Breakfast

9 am

Concurrent Sessions
(1) Commercial Law (III.A.): Corporate Governance
General Reporter: Klaus J. Hopt, Hamburg, Germany
Chair: Rafael M. Manóvil, Buenos Aires, Argentina
(2) Public Freedom and Human Rights (IV.C.): Are Human Rights Universal and Binding? Limits of Universalism
General Reporter: Rainer Arnold, Regensburg, Germany
Chair: Patrick Glenn, Montréal, Canada
(3) Special Session: Protection of Privacy Against The Media
The values that underlie the laws defining privacy in Europe and in the United States differ in major ways. In disputes involving private persons, tort law does not protect the same entitlements. The seemingly irreconcilable divide leads to an ideological clash with important cultural and commercial implications, exacerbated by the global outreach of the internet. The panellists in the workshop will investigate the constitutional roots of these differences and explore some of these implications, as they come up in disputes, particularly against the press and internet services providers, who have so far been successful in denying the right of individuals to control and withdraw personal information.
Panelists:
Gert Brüggemeier, Universität Bremen, Germany
Joseph Page, Georgetown University Law School, Washington, D.C., USA
Markus Schefer, Universität Basel, Switzerland
James Q. Whitman, Yale Law School, New Haven, USA
Chair: Franz Werro, Georgetown University Law Center, Washington D.C., USA and University of Fribourg Law School, Switzerland

10:30 am

Coffee Break

11 am

Concurrent Sessions
(1) Agrarian and Environmental Law (II.D.): Climate Change and the Law
General Reporter: Erkki Hollo, Helsinki, Finland
Chair: David Freestone, Washington, D.C., USA
(2) Commercial Law (III.A.): Regulation of Private Equity, Hedge Funds and State Funds
General Reporter: Eddy Wymeersch, Ghent, Belgium
Chair: Richard Buxbaum, University of California, Berkeley School of Law, USA
(3) Constitutional Law (IV.B.): Foreign Voters
General Reporter: Jacques Robert, Paris, France
Chair: Jamin Raskin, Washington D.C., USA

12:30 pm

Lunches
(1) Constitutional Law Breakout Lunch
(2) Environmental Law Breakout Lunch
(3) Family Law Breakout Lunch
(4) General Lunch

2 pm

Concurrent Sessions
(1) Commercial Law (III.A.): Financial Leasing and its Unification by UNIDROIT
General Reporter: Herbert Kronke, Heidelberg, Germany
Chair: Ergun Özsunay, Istanbul, Turkey
(2) General Legal Theory (I.B.) : Religion and the Secular State
General Reporters:
Javier Martínez-Torrón, Madrid, Spain
W. Cole Durham, Jr., Provo, Utah, USA
Chair: Étienne Picard, Paris, France
(3) Special Session: Law & Development
This panel will explore the uses and misuses of comparative law in law and development theory and policy aimed at stimulating economic growth and generating social welfare in developing countries. Comparative law has been at the center of development debates in recent years as scholars and policy-makers advance particular reform agendas justified on comparative legal methodologies. Consider the debate stirred by the "legal origins" theory and its policy translation in the form of the World Bank Doing Business reports urging legal reform. Comparative law has rarely been so relevant and yet, as the debate has shown, the field has gone soul-searching as questions about its appropriate role in development theory and policy abound. Comparative law can offer a country insight into how legal institutions and practices work elsewhere, holding great potential for institutional experimentation and innovation. Yet, it is often used as a technology for regulation, a tool to distill best practices and create indicators uninformed by the social and economic context they are supposed to affect. It is also used as a tool to resist social and economic change, a flag to highlight the exceptionalism of national institutions that ought to be preserved at all costs. Reflecting on their work, panelists will discuss how comparative law can help challenge claims of necessity advanced either in the form of technocratic claims justified on empirical methodology or in the form of exceptionalism claims justified on cultural or national grounds. The goal is to reflect on how comparative legal analysis can illuminate the moral and political choices pinned down on development projects that are presented as necessary or inevitable, and enhance our understanding of existing alternatives.
Panelists:
Lama Abu-Odeh, Georgetown University Law Center, Washington D.C., USA
Bernadette Atuahene, Chicago-Kent College of Law, USA
Eleanor Brown, The George Washington University Law School, Washington, D.C., USA
John K.M. Ohnesorge, University of Wisconsin Law School, Madison, USA
Katharina Pistor, Columbia Law School, New York, USA
Chair: Alvaro Santos, Georgetown University Law Center, Washington D.C., USA

3:30 pm

Coffee Break

4 pm

Plenary: Comparative Constitutional Law and Religion
With welcome remarks by Judith Areen, Interim Dean, Georgetown University Law Center
Presenters:
Mark Tushnet, Harvard Law School, Cambridge, USA
Ayelet Shachar, University of Toronto Faculty of Law, Canada
Abdullah an-Na'im, Emory University School of Law, Atlanta, USA
Chair: Vicki Jackson, Georgetown University Law Center, Washington D.C., USA

6 - 7:30 pm

Reception hosted by Georgetown University Law Center

7:15 pm

Full post as published by Legal Theory Blog on July 16, 2010 (boomark / email).

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