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.
Michael Bridge (LSE Law Department)
Gunther Teubner (University of Frankfurt)
Jacco Bomhoff (LSE Law Department)