The Globalization, Law & Justice Series
Presents:
Professor Anver M Emon
University of Toronto
&
Professor Urfan Khaliq
Cardiff University
Jurisdictional Exceptionalisms:
Islamic Law, International Law, and Parental Child Abduction
Tuesday, November 30, 2021
2:10 – 3:10pm
Workshop Available Online
Professors Emon and Khaliq will discuss their new book Jurisdictional Exceptionalisms (Cambridge University Press, 2021) which examines the legal issues associated with a parent's forced removal of their children to reside in another country following relationship dissolution or divorce. Through an analysis of Public and Private International Laws, and Islamic law - historical and as implemented in contemporary Muslim Family Law States - the authors uncover distinct legal lexicons that centre children's interests in premodern Islamic legal doctrines, modern State practice, and multilateral conventions on children. While legal advocates and policy makers pursue global solutions to parental child abduction, this volume identifies fundamental obstacles, including the absence of shared understandings of jurisdiction. By examining the relevant law and practice, the study exposes the polarised politics embedded in the technical legal rules on jurisdiction. Presenting a new, innovative method in comparative legal history, the book examines the beliefs, values, histories, doctrines, institutions and practices of legal systems presumed to be in conflict with one another.
Professor Emon is Professor of Law and History, Canada Research Chair in Islamic Law and History, and Director of the Institute of Islamic Studies at the University of Toronto. A former Guggenheim Fellow, a member of the College of the Royal Society of Canada and a recipient of its Kitty Newman Memorial Award in Philosophy, Professor Emon is the author of numerous books, including Islamic Natural Law Theories (Oxford University Press, 2012).
Professor Urfan Khaliq, FLSW, FRSA is Professor of Public International and European Laws, Pro Vice Chancellor and Head of the College of Arts, Humanities and Social Sciences, Cardiff University. His first book Ethical Foreign Policies of the European Union: A Legal Appraisal (Cambridge University Press, 2009) was awarded the Universities Association for Contemporary European Studies Book Prize, and he has published widely on public international law, international human rights law, EU law, foreign policy and aspects of Islamic Law. Professor Khaliq is an Advocate of the Punjab High Court, Pakistan and a member of the Research Consultants Panel at Matrix Chambers, Gray's Inn, London.
The Globalization, Law & Justice Series Presents: Dr Jarrod Hepburn
Melbourne Law School Denial of Access to International Adjudication as Denial of Justice? Wednesday, October 30, 2019
4:10 – 5:30
Flavelle House, Room F223
(Betty Ho Classroom)
78 Queen's Park Denial of justice arises when states deny foreigners access to local courts. Does it also arise when states deny access to international courts or tribunals? Dr. Hepburn is a Senior Lecturer at Melbourne Law School. He holds a DPhil, MPhil and BCL from Balliol College, University of Oxford, as well as first-class honours undergraduate degrees in both law and software engineering from the University of Melbourne. Dr. Hepburn was previously a Lecturer at the University of Exeter, a McKenzie Postdoctoral Research Fellow at Melbourne Law School and a Visiting Researcher at the Max Planck Institute for Comparative and International Private Law in Hamburg. Dr. Hepburn’s research interests lie largely in international economic law and general international law. He is the author of Domestic Law in International Investment Arbitration (Oxford University Press 2017), and his articles have been published in journals including the American Journal of International Law, the International and Comparative Law Quarterly and the Journal of International Dispute Settlement. He is also a regular contributor to a specialised news service, Investment Arbitration Reporter, providing coverage and analysis of foreign investment disputes. |
Critical Analysis of Law Workshop and Globalization, Law & Justice SeriespresentProfessor Ruth Buchanan
Osgoode Hall Law SchoolEnd Times in the Antipodes: Propaganda and Critique in 'On the Beach"Monday, June 18, 2018
12:30 - 1:45
Jackman Law Building, Room FL 219
78 Queen's Park A seismic ‘shift in perception’ accompanied the proliferation of nuclear weapons technologies and the capability on the part of the U.S. and the USSR for mutual assured destruction during the early Cold War. Professor Buchanan’s paper traces the reverberations of this shift through a case study in cinematic geopolitics: Stanley Kramer’s 1959 film “On the Beach”. (Film available on iTunes!)
Professor Buchanan’s work spans critical legal theory, sociology of law and cultural legal studies. She has written on NAFTA and labour rights, the WTO and global constitutionalism, social movements and resistance to globalization, Indigenous law and legal pluralism, law and development, and law and film. She is co-editor of Law in Transition: Human Rights, Development and Transitional Justice (2014, with Peer Zumbansen) and Reading Modern Law: Critical Methodologies and Sovereign Formations (2012, with Stewart Motha & Sundhya Pahuja). |
Globalization, Law & Justice SeriespresentsDr. Hannah Woolaver
University of CapetownFrom Joining to Leaving: Domestic Law’s Role in the International Legal Validity of Treaty WithdrawalTuesday, December 5, 2017
12:30 - 1:45
Flavelle House, Room 223 (Betty Ho Classroom)
78 Queen's ParkThe boundaries between international and domestic systems of public law are complex and dynamic. As the scope and ambition of public international law expands, this has significant implications for the conception of state sovereignty in international law, and also for domestic public law. These challenges can become acute especially in the realm of constitutional law. This paper will address the relationship between international and domestic public law in the context of states’ exit from international treaties. In particular, it will examine the role of domestic constitutional rules in the international legality of states’ withdrawal from treaties. The question whether the manner of a state’s withdrawal from a treaty must comply with its domestic constitutional rules to have effect in international law is of widespread and topical importance. It has recently arisen, inter alia, in relation to the UK’s exit from the European Union, South Africa’s possible departure from the International Criminal Court, and the threatened renunciation of various treaty regimes by the USA. Surprisingly, the topic has not yet received significant judicial or scholarly attention. Further, the Vienna Convention on the Law of Treaties 1969 (VCLT), the leading instrument on the law of treaties, is silent on the question. While the VCLT provides that a violation of the state’s internal law can vitiate a state’s consent when joining a treaty - a rule which has generated much judicial, diplomatic, and scholarly comment - there is no equivalent provision relating to treaty exit. Furthermore, relevant national case law addressing constitutional requirements for treaty withdrawal does so purely from the perspective of domestic public law, without addressing whether an unconstitutional withdrawal may nonetheless be effective in international law. The paper will proceed in four parts. First, an outline of the relationship between international and domestic public law in the law of treaties will be provided, setting out the tension between two competing imperatives in international law: the certainty and security of treaty regimes, and respect for state sovereignty and domestic constitutional rules. Second, the varying domestic public law approaches to treaty withdrawal will be examined, including consideration of the recent case studies involving the UK, South Africa, and the USA noted above. Third, it will be explored whether, despite the absence of treaty-based regulation, the international lex lata integrates recognition of the requirements of domestic public law when assessing the legality of a state’s treaty withdrawal. Finally, it will be proposed that, de lege ferenda, while generally violation of domestic public law should not invalidate a state’s treaty withdrawal for the purposes of international law, an exception should be recognized: if the manner of withdrawal constituted a manifest violation of a domestic public law rule of fundamental importance, then it should be ineffective in international law. Such a development would balance the imperatives of treaty security and the fundamental right of states to sovereign equality, bring the rules of joining and exiting treaties into parallel, and represent a positive clarification of the frontier between domestic and international public law. |
The IHRP and the Globalization, Law & Justice Workshop Series present: Is ISIS a State? The Status of Statehood in the Age of TerrorThursday, September 14, 2017 12:30-2pm, Jackman Law Building, Room: J130 A light lunch will be served. Professor Noah Novogrodsky will discuss his essay which considers the definitional challenge posed by the Islamic State’s state-like attributes and suggests a new approach to recognizing sovereignty within the meaning of international law. The dual factors proposed – respect and observance of fundamental human rights in territory controlled by the candidate state, and acceptance of the sovereign co-existence of other states – are intended to reframe traditional analyses of the Montevideo Convention. His piece draws upon on recent scholarship, judicial decisions and diplomatic practices surrounding recognition of would-be states to identify a form of human rights minimalism and acknowledgment of the international order that may usefully inform debates concerning potential future sovereigns. Event Poster (PDF) |
Tuesday, June 14, 2016 Globalization, Law & Justice Workshop The Past and Future of Investor-State Arbitration:
CETA, TPP, TTIP, and BeyondCETA, Beyond Featuring: Jan Kleinheisterkamp, London School of Economics
Gus Van Harten, Osgoode Hall Law School
David Schneiderman, University of Toronto |
2013 Schedule| Date | Speaker | Topic |
|---|
September 19
Thursday
4:10 - 6:00 | Peer Zumbansen, Osgoode Hall Law School | Lochner Disembedded: The Anxieties of Law in a Global Context |
September 26
Thursday
4:10 - 6:00 | David Schneiderman, Faculty of Law, University of Toronto | The Global Regime of Investor Rights: Return to the Standard of Civilization?. |
October 3
Thursday
4:10 - 6:00 | Christopher Brummer, Georgetown Law Center | Minilateralism: How Trade Alliances, Soft Law and Financial Engineering are Redefining Economic Statecraft |
October 24
Thursday
4:10 - 6:00 | Harry Arthurs, Emeritus, York University, | Making Bricks Out of Straw: The Creation of a Transnational Labour Regime |
October 31
Thursday
4:10 - 6:00 | Ruth Okediji, University of Minnesota Law School
*Co-sponsored with the Centre for Innovation Law | Public Welfare and the International Patent System |
November 12
TUESDAY
4:10 - 6:00
Solarium (room FA2) | David M. Trubek, University of Madison-Wisconsin Law School
*Co-sponsored with Law and Economics Workshop PLEASE NOTE CHANGE OF DAY. | Beyond Self-Estrangement: Law and Development 40 Years On |
November 14 | Dan Cole, Indiana University Maurer School of Law | The Problem of Shared Irresponsibility in International Climate Law |
| November 28 | Frédéric Mégret, McGill University Faculty of Law | International law and the social construction of the legitimate monopoly over the use of force |
Globalization, Law & Justice Workshop Series
2010 - 2011
| Date | Speaker | Topic |
| September 16 | Dan Danielsen
Northeastern University Law School | Local Rules and a Global Economy |
September 23 | Lavanya Rajamani
Centre for Policy research, New Delhi
Co-sponsored by the Law, Governance and Global Environmental Change Workshop series. | The Making and Unmaking of the Copenhagen Accord |
| September 30 | James Hathaway
University of Michigan Law School | Dictating Asylum: What Does International Law Allow? |
October 7 | Philomila Tsoukala
Georgetown University Law Center
Co-sponsored by the Feminism & Law Workshop series. | Marrying Family Law to the Nation
|
| October 28 | Karen Engle
University of Texas at Austin School of Law | The Elusive Promise of Indigenous Development: Rights, Culture, Strategy
|
| November 11 | Cynthia Estlund
New York University Law School | China's Labour Question: Will a Hundred Flowers Bloom? (by Cynthia Estlund and Seth Gurgel |
November 18 | Susan Marks
London School of Economics Dept. of Law | Human Rights and Root Causes
|
| November 25 | Amy Cohen
Ohio State University Moritz College of Law | |
GLOBALIZATION, LAW & JUSTICE WORKSHOP SERIES 2009 - 2010
| Date | Speaker | Topic |
| September 17 | David Schneiderman
University of Toronto Faculty of Law | Contesting Economic Globalization |
September 25
Friday
12:30 - 2:00 | Robert Howse
New York University School of Law
Co-sponsored by the Law, Governance & Global Environmental Change Workshop series
PLEASE NOTE time/day change | WTO Subsidies Disciplines and Climate Change Mitigation Policies: Options for Reconciliation
|
| October 1 | TBD | |
| October 8 | No Class | |
| October 15 | Rosemary Coombe
York University | The Expanding Purview of Cultural Properties and their Politics |
| October 22 | Ruti Teitel
New York University Law School | Cross-judging: tribunalization in a fragmented but interconnected global order |
| October 29 | Eleanor Brown
George Washington University Law School | Outsourcing Immigration Compliance
|
| November 5 | No class. Reading Week. | |
November 12 | John Ohnesorge
University of Wisonsin-Madison School of Law | Legal Origins and the Tasks of Corporate Law in Economic Development: A Preliminary Exploration |
| November 19 | Sally Merry
New York University | Measuring the World: Indicators, Human Rights, and Global Governance |
November 26 | Naresh Singh
Director General for Governance and Social Development, Policy Branch, Canadian Internatinoal Development Agency | Making Globalisation Inclusive by Making the Law Work for Everyone |
GLOBALIZATION, LAW & JUSTICE WORKSHOP SERIES 2007 - 2008
| Date | Speaker | Topic |
| September 20 | Neil Walker
European University Institute | Taking Constitutionalism Beyond the State |
| October 11 | Sanjay Reddy
Barnard College, Economics
Columbia University | Law as constraint, law as creative power: The debate on labour standards and the international trading system |
| November 1 | Karen Knop
University of Toronto Faculty of Law
Ralf Michaels
Duke University School of Law
Annelise Riles
Cornell University Law School | The Fall and Rise of Private International Law: From Conflict of Laws to Theory of Private Global Governance |
| November 15 | Don MacRae
University of Ottawa, Faculty of Law | Restatement or Reform? The Role of the International Law Commission |
| November 22 | Shirin Rai
University of Warwick, Dept. of Politics and International Studies Co-sponsored by the Feminism & Law Workshop | Feminising Global Governance |
| November 29 | THIS WORKSHOP HAS BEEN CANCELLED
Dan Danielsen
Northeastern University School of Law | Bilateral Investment Treaties |
RESCHEDULED FROM NOV. 27
NEW DATE:
November 29 | Linda Bosniak
Rutgers School of Law | The Privilege of Presence: Reflections on Territoriality |
| December 6 | Cynthia Williams
Osgood Hall Law School
York University | Global Banks as Global Sustainability
Regulators: The Equator Principles |
GLOBALIZATION, LAW & JUSTICE WORKSHOP SERIES 2006 - 2007
Unless otherwise noted, all workshops are Wednesdays from 4:10-6:00
in the Solarium (Room FA2)
Falconer Hall, 84 Queen's Park.
| Date | Speaker | Topic |
| September 13 | Peer Zumbansen
Osgoode Hall Law School
York University | Transnational Law: Approaches to a Contested Concept |
September 20 | Christian Joerges
European University Institute | Free Trade with Hazardous Products? The Emergence of Transnational Governance with Eroding State Government |
September 27 | Lance Compa
Cornell University | What Future for International Labour Law? |
October 4 | Ruth Buchanan
York University | Legitimating Global Trade Governance: Constitutional and Legal Pluralist Approaches |
October 11 | Alvaro Santos
University of Texas | What Kind of "Flexibility" in Labor Regulation for Economic Development? |
October 18 | Kamari Clarke
Yale University | Global Justice, Local Controversies: The International Criminal Court and the Sovereignty of Victims |
| October 25 | Chantal Thomas
University of Minnesota | Globalization and the Border: How Trade Drives Immigration and What We Should Do About It (An Anti-Isolationist Analysis) |
| November 1 | James Thuo Gathii
Albany Law School | The High Stakes of WTO Reform |
| November 15 | Vasuki Nesiah
International Center for Transitional Justice | Feminism and Transitional Justice: Towards a Critically Reflective Practice |
November 22
LOCATION:
Munk Centre
208 North House
1 Devonshire Place | Benedict Kingsbury
New York University
| The Administrative Law Frontier in Global Governance: Promoting Accountability and Participation, or Legitimating Injustice? |
Globalization, Law & Justice Workshop Series 2005-2006
Unless otherwise noted, all workshops are Wednesdays from 4:10-6:00 in the Falconer Solarium (FA2), 84 Queen's Park.
2004-2005
Thursday, September 23, 2004 Ayelet Shachar, University of Toronto
4:10 – 6:00 Birthright Citizenship as Inherited Property: A Critical Inquiry
Thursday, September 30, 2004 Thomas Pogge, ColumbiaUniversity
4:10 – 6:00 Severe Poverty as a Human Rights Violation
Thursday, October 7, 2004 Will Kymlicka, Queen’s University
4:10 – 6:00 National Minorities in Post-Communist Europe: The Role of International Norms and European Integration
Thursday, October 14, 2004 Neil Walker, European University Institute
6:00 – 8:00 Europe’s Constitutional Momentum and the Search for Polity
Dinner will be served. Legitimacy Co-sponsored by the Constitutional Roundtable
Thursday, October 21, 2004 Kevin Davis, New YorkUniversity
4:10 – 6:00 Regulation of Technology Transfer to Developing Countries: The Relevance of Institutional Capacity
Thursday, October 28, 2004 Oona Hathaway, YaleUniversity
4:10 – 6:00 Between Power and Principle: A Political Theory of International Law
Thursday, November 11, 2004 Claire Cutler, University of Victoria
4:10 – 6:00 Privatized Governance, Transnational Law Firms, and Global Capitalism
Thursday, November 18, 2004 Bryant Garth, American Bar Foundation
4:10 – 6:00 Law, Class and Imperialism
Thursday, November 25, 2004 Jutta Brunnee, University of Toronto & Stephen Toope, McGill University
4:10 – 6:00 The Use of Force: International Law After Iraq
Thursday, December 2, 2004 John Ruggie, HarvardUniversity
4:10 – 6:00 American Exceptionalism, Exemptionalism and Global Governance
