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International Rule of Law: At the Corner of Here and Everywhere
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International ROL Commentary
7/21/2009 11:27:33 PM EST
Thomas J.R. Stadnik, Esq.
Global Wrongs and Private Law Remedies and Procedures, London 28th and 29th July 2009
LexisNexis Legal Editor/Site Coordinator LexisNexis International & Foreign Law Center
This London conference sponsored joiuntly by The Norwich Law School, The Law School at SOAS, University of London, The  University of  Notre Dame London Programme and The Journal of Comparative Law promises to address critical issues of the role of private law, and its remedies in particular in the redress of  global wrongs.  The themes it will address are relevant to all who seek legal redress for injuries from crimes such as human trafficking, slavery, or war crimes; U.S. ATCA practitioners, and others concerned about redress for trampled human rights will want to give this conference close attention.  The themes to be considered are as follows:
The traditional role and contemporary appeal of private law and individual autonomy in the development of principles and institutions of global justice, and the way in which these ideas compare with devices of global enforcement of ‘soft’ moral responsibility through self-regulation, ADR devices and private litigation.
Global enforcement of justice as compensation of harm has acquired a new impressive momentum riding astride globalized capital. Private law remedies are being used in increasingly ambitious ways as a global mechanism of restorative justice. How can Private law serve global justice? First, with the advent of the class action, transnational law suits are used to enforce standards of protection of basic human rights equally on a local as well as a global basis. Second, Private law can internationally empower individual victims of violations of basic human rights to gain not only compensation but also closure and restored dignity.
But even beyond basic human rights, Private law can arguably be part of the answer to the apparently insoluble problem of extreme deprivation, exploitation, exclusion and lack of global social welfare. For corporations across the world, “hard” legal liability (defined as obligations under local, national, or international regulation or law) and “soft” moral liability (defined as the violation of stakeholder expectations of ethical behavior in such a way as to put business value at risk) are converging. Hard legal liability of global corporations has increased by the rise of phenomena such as, first, the so-called “foreign direct liability litigation,” for human rights violations in distant geographical locations.   Second, criminal and civil liability arising from securities litigation has been transformed into a trans-border, global phenomenon, as globalization of corporate capital carries with it the jurisdictional sting and influence of the most demanding national regulatory regimes.
In the current global financial crisis, legal protection against market failures in the context of financial globalization through redefining, and, if necessary, reinventing, Private law remedies and procedures, alongside regulatory regimes, becomes a more narrowly focused and more pressing challenge for Private law theory.
University of Notre Dame London Law Centre
1 Suffolk Street, London, SW1Y 4HG
‘GLOBAL WRONGS AND PRIVATE LAW REMEDIES AND PROCEDURES’
Workshop, 28th & 29th July 2009
Organised by the Law Schools of UEA and SOAS, the Journal of Comparative Law, and the University of Notre Dame London Law Centre
Workshop Conveners: Stathis Banakas and Michael Palmer
 
Attendance by invitation only
Please contact the Workshop conveners:
e.banakas@uea.ac.uk, or Mp20grange@aol.com
 
 
PROGRAMME
 
TUESDAY, 28TH JULY 2009
 
12.00 hrs       Arrival/Registration of Conference delegates
 
14.00 hrs       Conference starts
Welcome address, Professor Geoffrey Bennett, University of Notre Dame London Law Centre
 
Session One:
Global Rights, Private Law and Personal Autonomy
Speakers:
Stathis Banakas (UEA)
‘Freedom and Responsibility: Private Law Remedies a Double Edged Sword?’
Marica Moscati (SOAS)
‘Individual Autonomy, Public Wrongs and Sexual Orientation: the Italian Case in Comparative Perspective’
Akiko Nozaki (Hiroshima)
‘Liberty in the edges of life; an argument for a condition of private law’
Questions, Answers and Discussion
 
15.30 hrs       Coffee break
 
16.00 hrs       Session Two:
Private Law and Global Enforcement of Human Rights
Speakers:
Cathy Jenkins (SOAS)
‘Global Corporations and Apartheid Crimes’
Rachel Chambers (Barrister)
‘Is Home State Litigation The Way To Fill The Lacuna In Corporate Legal Accountability For Human Rights Violations Perpetrated In Host States?’
Elisa Nesossi (SOAS)
‘Civil Remedies for Violations of Human Rights: The Case of the Falun Gong’
Questions, Answers and Discussion
 
17.30 hrs       End of First Day Sessions
 
19.00 hrs       Conference Dinner
 
 
 
WEDNESDAY, 29TH JULY 2009
 
09.30 hrs       Session Three:
Between the Public and the Private: Comparative Perspectives
Speakers:
Willem van Broom (Rotterdam)
‘De minimis curat praetor: redress for minor and dispersed damage’
XU Ting (LSE)
‘Constitutionalism and Private Law Remedies: Constitutional Litigation in China’
Michael Palmer (SOAS)
‘Disappearing Suits and Harmonious Dressing: A Chinese Case of the Procedural Privatisation of Public Wrongs’
Questions, Answers and Discussion
 
11.00 hrs       Coffee break
 
11.30 hrs       Session Four:
Trans-jurisdictional Remedies and Procedures
Speakers:
Peter Muchlinski (SOAS)
‘The Provision of Private Law Remedies against Multinational Enterprises: A Comparative Law Perspective’
Lubos Tichy (Prague)
'Global Wrongs: Choice of Law and Jurisdiction Questions'
Francesco Schiaffo (Salerno)
'Private Remedies and Criminal Law: A Brief Focus on the Italian Reform of Self-Defence'.
Questions, Answers and Discussion
 
13.00 hrs       Lunch break
 
14.00 hrs       Session Five:
Property Rights in the Global Market
Speakers:
Norman Palmer (London)
‘Cultural Property Rights and Private Law Remedies’
Christopher Wadlow (UEA)
"Intellectual property as an ‘investment’: In search of effective protection against expropriation and inequitable treatment?"‘
Giovanni Maria Riccio (Salerno)
‘Old Economy v. New Economy: intellectual property, global wrongs and private remedies’
Questions, Answers and Discussion
 
15.30 hrs       Coffee break
 
16.00 hrs       Round table discussion
 
17.30 hrs       Conference ends

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