2011-12 annual reportevent, open to all iglp alumni and faculty that will provide a chance for...

& 2011-12 ANNUAL REPORT

INSTITUTE FOR GLOBAL LAW & POLICYHARVARD LAW SCHOOL

HARVARD LAW SCHOOL CAMBRIDGE, MA 02138 | WWW.IGLP.LAW.HARVARD.EDU

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Founded in 2009, The Institute for Global Law and Policy at Harvard Law School is an international collaborative project to foster research and policy dialog about the structure and potential for global governance and international law affecting pressing issues of global regulation and policy. We focus on the relationship between the transnational regulatory environment and the potential for sound economic development. The Institute aims to foster innovative approaches to global policy and political economy, and new thinking about international legal and institutional arrangements, with an emphasis on ideas and issues of importance to the global South. Much about how we are governed at the global level remains a mystery. Scholars at the Institute are working to understand and map the levers of political, economic and legal authority in the world today.

The Institute is particularly focused on young scholars who bring new ideas and perspectives to comparative and international legal research and policy. Over the last years we have developed a large global network of young faculty and policy makers who share our belief that ideas matter and that original and critical thinking can transform the ways in which policy experts, intellectual leaders and citizens understand our common global situation. The Institute has also built strong relationships with leading faculty at a wide range of foreign institutions, represented by the scholars who participate in our Advisory Councils. We regularly host both scholars and policy practitioners as Visiting Researchers and Fellows at Harvard. Through this network we seek to deepen collaboration among those seeking new approaches to international law, political economy and economic development from governments, international institutions, the private sector and the non-governmental sector. Our aim is to facilitate the emergence of a creative dialog among experts from around the world, strengthening our capacity for innovation and cooperative research about global governance, social justice and economic policy.

As a reflection of this mandate, The Institute mounted a strong academic program during the 2011-2012 academic year, sponsoring an array of workshops, lectures and conferences. Our most exciting initiative is an annual ten day Intensive Workshop for young scholars and policy practitioners which we have hosted each June, beginning in 2010, at Harvard Law School. In 2012, IGLP: The Workshop brought more than 150 young scholars from over 45 countries to Cambridge for collaborative discussion and debate about global law and economic policy with more than thirty-five leading faculty from around the world. While in residence at Harvard, participants reviewed current scholarly developments, reconsidered canonical texts, and networked with colleagues from across the world. Intensive Writing Workshops, led by select alumni ‘Docents’ from our first two Workshops, offered all participants the opportunity to share their own work in progress with a small group of colleagues and leading scholars. Discussion groups, which were also led by our Docents, offered participants an opportunity to meet with peers and more senior colleagues in small groups, and focus on discussion of the themes and readings of the Workshop.

Usha Nataranjan, assistant professor at the American University in Cairo, served as a Docent in the June 2012 Workshop.

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This year we also convened a five-day Colloquium at Harvard prior to The Workshop for IGLP Core Faculty, invited guests and docents. This year’s Colloquium focused on the political economy of the modern global order and brought a number of heterodox thinkers from economics, sociology and history together with our network of Workshop alumni and faculty to discuss new ideas.

The Workshop and Colloquium was generously supported by Santander Universities and Sovereign Bank. With their support over these last three years we have built a powerful global network of more than 250 young scholars working collaboratively at the cutting edge of contemporary legal and economic policy. We are grateful to Santander for renewing their faith in our efforts for an additional three years.

We are very pleased to announce that in 2012 the Qatar Foundation joined the Institute as both a co-sponsor of our Workshop Initiative and as a Leading Sponsor of the Institute. As part of this exciting new collaboration with the Foundation, we are also very pleased to announce that beginning in 2013 IGLP: The Workshop, with the leading support of the Qatar Foundation, will be held each January in Doha. With Santander’s continuing support, we will also continue our Harvard ten-day residential program each June, focused on deepening collaboration among our Workshop Faculty and growing network of Workshop Alumni.

Beginning in 2013, our Harvard-based June Program will feature a series of opportunities for research collaboration. The Colloquium, inaugurated in 2012, will bring our Core Faculty, Docents, select alumni, and invited guests together for three days of intensive exchange around a common interdisciplinary theme. We will continue to host Pro-Seminars in Cambridge each June designed to support small groups of IGLP Scholars engaged in collaboration aimed towards publication. Alumni teams who have received collaborative research grants may also use the June period for small group meetings to advance their work.

In 2013 we will host a global conference at Harvard, convening faculty and IGLP alumni to showcase the collaborative work emerging from our network over the last years. IGLP: The Conference will be a biennial event, open to all IGLP alumni and faculty that will provide a chance for alumni to reconnect with global peers, showcase their ongoing scholarship, and explore new avenues for collaborative work with colleagues.

Throughout the 2011-2012 academic year we were also pleased to host and sponsor a terrific series of programs and initiatives in collaboration with our sponsors whose continued faith and confidence in the work we do at the Institute could not be more timely or significant. The year saw our ninth annual Business Law Seminar, focused on Transatlantic Views on Corporate and Financial Law Issues and conducted with support from the Real Colegio Complutense, as well as our ninth annual Seminar on European Union and US Antitrust Law co-sponsored and organized with Cleary, Gottlieb, Steen & Hamilton’s Brussels office. With J&A Garrigues, S.L.P., we again organized a North American Lawyers Program in Madrid bringing Harvard law faculty to participate in training young Spanish corporate lawyers.

In March, we launched an exciting new initiative with Visa International with a day-long policy workshop at Harvard focused on day Global Liquidity and Capital as Legal Institutions. This Workshop was the first in a new series of broad ranging research initiatives between the

At IGLP: The Workshop, participants have the opportunity to work one-on-one with faculty and senior colleagues.

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IGLP and Visa to cover the themes of liquidity in the global economy, productive financial services regulatory structures in emerging markets, and financial inclusion.

In 2011-2012 we also continued our history of sponsoring important transnational dialog by collaborating with partner institutions abroad and by supporting the ongoing work of our affiliated faculty. In August we co‐sponsored a policy workshop with the Saranrom Institute of Foreign Affairs (SIFA) at Chulalongkorn University which brought current and former political leaders from Europe, Latin America, Africa, the United States and Asia into dialog with academics and researchers focused on the emerging economies of the ASEAN region and the potential for further growth of the region in the coming years. In November we co-sponsored a two-day conference on the History of Capitalism with Professor Chris Desan and the Program on the Study of Capitalism at Harvard Law School and the Culture of the Market Network. This past February, in celebration of Harvard Law School Professor Janet Halley’s new article “What is Family Law?: A Genealogy,” we hosted panel discussions about the significance of the article and its relationship to other pieces in the field. In March, alongside the Bernard and Audre Rapoport Center

for Human Rights and Justice, we co-sponsored a two-day conference on Property Rights and the Human Rights Agenda at the University of Texas School of Law. In April we also held a joint seminar at Harvard with CEU San Pablo University on The European Legal Project: New Approaches which featured a keynote speech by Miguel Maduro, Director of the Global Governance Programme at European University Institute. We were also very pleased to host Alfred Gusenbauer, former Chancellor of Austria and member of our Honorary Council, as a Visiting Scholar at the Institute and to co-host two roundtables discussions as part of his ongoing research project to examine the state of social democracy today and evaluate the ways it could become a driving force for change in the 21st century.

As we look forward to 2012‐2013, we anticipate continuing the development of our financial base of support and strengthening our Advisory Councils to enhance our ability to pursue the Institute’s broad global mandate. In addition to our large residential activities in January in Doha and at Harvard in June, we will continue to sponsor lectures, workshops and conferences throughout the year – both in Cambridge and in collaboration with our partners abroad. Our year began in late August with a policy workshop in Bangkok, Thailand, co‐sponsored with our Leading Sponsor, Visa International. In September we will continue our North American Lawyers Program, and our Business Law Seminar. We will also co-sponsor, with the Program on the Study of Capitalism, a workshop and speaker series on the History of Capitalism. We will also continue to seek new ways to encourage the development of progressive and alternative ideas about international law, society and political economy by supporting original, provocative and challenging intellectual work among young scholars.

This Report provides a snapshot of our achievements over the 2011-2012 academic year. In all, we are delighted by the Institute’s continuing progress and are extremely grateful to all those who have contributed to our efforts.

IGLP: The Workshop offers promising young scholars from around the globe opportunities to build collaborative relationships through multi‐year participation.

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Working Formats ................................................................... 3

Scholarly Resources .............................................................. 5

Research Agenda and History ............................................... 9

Staff and Affiliates ................................................................. 15

Honorary, Advisory, and Academic Councils ........................ 17

The Network ........................................................................ 22

Program Partners and Sponsors ......................................... 24

Visitors Program ................................................................. 27

Events ................................................................................. 32

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Our programs and initiatives provide a focal point at Harvard Law School for new thinking in the fields of comparative law, global governance and international law. Each year we support a wide range of working formats that offer opportunities to students and faculty seeking new perspectives and alternative thinking about the global situation. The Institute’s working formats include:

Conferences and Workshops The IGLP regularly sponsors conferences and workshops, ranging from informal events at the Harvard Faculty Club, to large meetings convening over 100 scholars for intensive discussion in Cambridge as well as at partner institutions across the globe. The IGLP sponsors numerous opportunities for younger scholars to share their ongoing research with one another, through lunchtime or afternoon workshops, or more informal roundtable discussions. Our signature event is an annual ten-day intensive Workshop for young scholars and policy practitioners on global law and economic policy. Beginning in 2013, IGLP: The Workshop will be convened each January in Doha, Qatar. Each June at Harvard we will also host a week-long Colloquium for the Institute’s faculty and invited Workshop alumni, as

well as a new series of series of Pro-Seminars which are designed for small groups of scholars engaged in collaboration aimed towards publication. The January Workshop is sponsored by the Qatar Foundation, and our June activities by Sovereign Bank and Santander Universities.

Policy Roundtables The IGLP sponsors policy roundtables, ranging in duration from one to three days, concerning specific issues important to one or more of the IGLP’s constituencies, in which participants from industry, the practicing profession, government, and academia discuss topics of common interest in a relaxed setting. Previous endeavors have included a roundtable on International Regulatory Frameworks with the University of Wisconsin in 2004, a Policy Workshop at Harvard Law School on “Russia’s Future Relationship with the EU and the Broader International Community” in 2005. In 2009‐2010, we cosponsored a Workshop in Beijing on “New Regulatory Models After the Crisis” with the Institute for Policy Dialog at Columbia University and a one day intensive Workshop on “New Challenges and New Conceptions of International Law” in Cambridge with the Moscow based Global Policy Forum. This past March, along with our leading sponsor, Visa International, we convened a group of government

Working Formats

Professor Anna di Robilant (Boston University) speaking at the IGLP’s European Legal Project: New Approaches seminar in April 2012.

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officials, industry representatives and scholars for a day-long policy roundtable workshop at Harvard on Global Liquidity and Capital as Legal Institutions.

Lectures and Informal Seminars During the academic year, the IGLP sponsors a variety of lectures and informal seminars in which scholars share ongoing research in the areas of global law and policy. These events, which are generally open to all members of the Harvard community, aim to bring the best new thinking about global law and policy to the community for discussion and debate.

Student‐Led Workshops and SeminarsThe IGLP supports activities organized and led by doctoral students and Visiting Researchers at the Law School. Students often prepare presentations based on their current research or invite smaller groups of students to informal discussions. These formats facilitate ongoing debate about a selection of themes of interest to both IGLP and students and scholars associated with our ongoing work. We regularly provide support for student groups at the school pursuing projects related to our research mandate.

Affiliates Program With the support of Cleary, Gottlieb, Steen & Hamilton, the IGLP sponsors a Student Affiliates Program to connect Harvard Law School students working on matters of European law and policy, either as a topic of ongoing research or as a prospective field of practice, with one another. The firm generously integrates IGLP Student Affiliates into their European Union information system, and offers to connect students with members of the firm who are knowledgeable in the areas of law and legal practice in which the student is pursuing research. The overall objective of the program is to make available a more personalized relationship between interested students and practitioners of European law, to allow Student Affiliates access to a wealth of experience and expertise in this area, and to be kept abreast of ongoing developments in the field. Over 25 Student Affiliates receive periodic updates on European law prepared by the Brussels office of Cleary, Gottlieb, Steen & Hamilton each year, and are invited to attend ongoing events sponsored by IGLP. Student Affiliates also actively participated in the Workshop on “Current Developments in EU & US Antitrust Law.”

Working Formats Working Formats

One of IGLP’s many student-led seminars.

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Working Formats

Scholarly Resources

Research and Visitors ProgramThe IGLP supports an active program for Visiting Fellows, Researchers and Scholars. The IGLP appoints Visiting Fellows for either a semester or an academic year. Fellows are usually funded by outside sources. Visiting Researchers and Scholars at the IGLP generally spend one semester in residence at Harvard Law School, although appointments may range from one month up to one year. All have access to the Harvard library and e‐mail systems and, subject to instructor approval, may audit Law School classes on a non‐credit basis. The IGLP arranges informal luncheons and other gatherings for Visiting Fellows, Researchers and Scholars to provide them with an opportunity to meet Law School students and faculty. In addition to its Visitors Program, the IGLP supports research by doctoral candidates and other IGLP affiliates.

Fellowship ProgramInaugurated in 2006, the Fellowship Program offers full or partial student and post‐doctoral fellowship support to a small number of scholars pursuing research in areas related to the IGLP’s ongoing work. The number of Fellowships awarded each year depends upon the available funding. In general, the IGLP encourages the development of progressive and alternative ideas about international law, society and political economy by supporting original, provocative and challenging

intellectual work that might not otherwise find support from mainstream institutional resources and which contributes to the emergence of new approaches to international law, political economy and global social justice.

IGLP Collaborative Research GrantsThe IGLP encourages the development of progressive and alternative ideas about international law, society and political economy by supporting original, provocative and challenging intellectual work that might not otherwise find support from mainstream institutional resources and which contributes to the emergence of new approaches to international law and global social justice. Through this Research Grants Program we seek to facilitate innovative group research and writing projects in these fields, and deepen the network of collaboration among our HLS graduate students, IGLP Workshop alumni, and IGLP faculty.

IGLP Collaborative Research Grants are designed for small teams of two or more scholars. Preference is given to groups whose ideas or projects emerged out of the IGLP’s Annual Workshop on Global Law and Economic Policy. Collaborative Research Projects underway in 2012 include:

Critical Approaches to International Criminal LawOrganized by IGLP Workshop Alumni Michelle Burgis (Australia), Paul Kingsley Clark (UK), Tor Krever (Australia), Heidi Matthews (Canada), John Reynolds (Ireland) and Christine Schwobel (Germany).The field of International Criminal Law (ICL) has recently experienced a significant surge in scholarship, in institutions, and in the public debate. The contemporary debate is predominantly focused on ICL’s contribution to projects of justice, peace, legality, addressing impunity and accountability. While there are individual sites of critique, they are largely limited to effectiveness arguments: If the International Criminal Court is not functioning as well as it could be, then it must be made more effective; if peace is not yet achieved through

IGLP Visiting Researcher Elizabeth Trujillo at the European Legal Proj-ect: New Approaches seminar at Harvard Law School on April 13, 2012.

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tackling impunity, then there must be more accountability. This limited critique has fostered a seemingly self-congratulatory, uncritical, and over-confident area of international law which has marginalised deeper critical approaches.

What is missing from the mainstream debate are the possible complicities of ICL in injustice, conflict, exclusions, and biases. Arguably, the numerous conferences this year on the topic of the 10-year anniversary of the coming into force of the Rome Statute are largely a testament to this limited critique. Through this project the organizers hope to shift the debate towards such complicities and limitations in the contemporary understanding of ICL and to question some of the assumptions which inform the field and which may cause injustice, conflict, exclusion and bias.The Organizers will host a conference on Critical Approaches to International Criminal Law at the University of Liverpool School of Law and Social Justice on December 6-7, 2012.

Turf and Texture: Narrating the Legal InternationalOrganized by IGLP Workshop Alumni Lucas Lixinski (Brazil), Nikolas M. Rajkovic (Canada), and Surabhi Ranganathan (India)Current debates in international law seem to be informed by different narratives about what the international legal order “is‟ or “should be.‟ These narratives inform the way in which we perceive and articulate international law; attempting to explain alleged convergences and divergences of international legal rules and institutions. Dominant approaches in the narration of the legal international include familiar labels such as “global administrative law,” “the constitutionalization of international law,” “international legal pluralism,” and “the fragmentation of international law.”

Each of these approaches brings something different to the table, but little work has been done in scrutinizing the contribution of these narratives to an idea of the “legal international.” Particularly, limited analysis exists comparing these narratives, as well as applying them

Scholarly Resources

Lucas Lixinski (left) and Nikolas M. Rajkovic at IGLP: The Workshop in June 2012.

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law, criminal law, constitutional law, corporate law, labor law, family law, international law, human rights law, environmental law etc.)

Current global law texts do not reflect the rich variety of ways in which law is being produced and used across jurisdictions, scales of governance and social contexts today. ‘Global Law in Context’ would explore the plurality of legal concepts and systems that co-exist/conflict across national boundaries and epistemological traditions. The subjects explored would be placed within a broader historical and political context, and offer the perspectives of scholars from outside the global north.

This book will take two years to complete. The editors hope to begin drafting the introduction at a working group session at the end of 2012. Following a more detailed scoping of the project they would extend a call for contributions to other IGLP Workshop alumni.

Locating Nature: Making and UnmakingInternational LawOrganized by Usha Natarajan (Australia), Sergio Latorre (Colombia) and Vanessa Ruegger (Switzerland)This project brings together alternative and critical viewpoints to publish a collective work on the relationship between international law and the environment. Environmental change and resource scarcity have emerged as existential threats in recent years. While international lawyers have focused on disciplinary solutions to the challenge of ecological change, less attention is given to the role of international law in creating scarcity and unsustainability. Environmental issues are usually relegated to the disciplinary periphery, as part of the specialized and embryonic field of international environmental law. This project explores instead how understandings of nature shaped seminal international law concepts. In this sense, the environment remains a determinative factor in shaping the nature of international law, and assumptions about nature lie at the heart of disciplinary concepts such as sovereignty, development, property and human rights. The organizers share an intuition that understanding and unpacking assumptions

across specific specialized regimes, so as to assess the impact of each of them in the understanding of these regimes. This project aims at understanding these processes and evaluating the contribution of these overarching narratives to positive international law.The Organizers plan to host a Workshop in the Spring of 2013 at the University of Cambridge to explore these themes and expect to produce an edited volume of essays that will serve as a critical introduction to different ways of thinking about, describing and designing international law.

Global Law in ContextOrganized by Henrique Carvalho (Brazil), Luis Eslava (Australia), Vanja Hamzic (Bosnia & Herzegovina), Vidya Kumar (Canada), Yoriko Otomo (Australia), Oishick Sricar (India)The aim of this project is to provide an introductory textbook with the underlying theme, ‘Global Law in Context.’ The book would be targeted to law students around the world and would offer fresh and under-explored perspectives on global law, as they relate to the core law subjects (property, contracts, administrative

Scholarly Resources

Vanja Hamzic at IGLP: The Workshop in June 2012.

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about nature will help us think our way out of destructive development patterns.

Rethinking Political EconomyOrganized by Jason Jackson (USA) and Anush Kapadia (USA)This project seeks to address the narrow nature of the academic and policy discourse around the socioeconomic and governance challenges we face, perhaps best epitomized by the financial crisis, but also in long-standing debates on economic development and global governance.

It seeks to promote new thinking on economic governance that takes into account issues such as the distributional implications of the crisis and the ways in which the response was constructed through political contestation, rather than the dominant (depoliticized) view of these being technocratic outputs from “experts.”

Through a series of workshops and conferences, the organizers seek to create a space where young scholars from across different disciplines who share similar views can come together to work collaboratively on issues of political economy, and collaborate on scholarly writing for publication.

Travel GrantsThe Institute for Global Law and Policy provides modest research and travel support to a small number of scholars conducting research in areas closely related to the IGLP’s ongoing work. Applications are open to current Harvard Law School students and alumni of IGLP: The Workshop. We award small research and travel grants to students working on serious research and writing projects related to our core activities and projects. We hope to encourage more students to focus on the life of the mind, on interdisciplinary reading, and on developing the intellectual background to understand and contribute to critical analyses of global law and social justice. Preference is given to current doctoral students. Travel grants are limited to students who have been invited to present their scholarly work at academic conferences. Travel grants are not available to students who have received other funding from Harvard Law School for the same trip. Generally, Institute support does not exceed $500 toward the cost of travel for conferences in the US and $1,000 for conferences outside the United States.

Scholarly Resources

Namita Wahi (right), IGLP Travel Grant recipient, participating in a discussion at IGLP: The Workshop in June 2012.

The IGLP supports original, provocative and challenging intellectual work that might not otherwise find support from mainstream institutional resources.

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Research Agenda and History

Founded in 2009, The Institute is an international collaborative project to foster research and policy dialog about the structure and potential for global governance and international law affecting pressing issues of global regulation and policy. We are particularly focused on the relationship between the transnational regulatory environment and the potential for sound economic development. The Institute aims to foster innovative approaches to global policy and political economy, and new thinking about international legal and institutional arrangements, with particular emphasis on ideas and issues of importance to the global South. Much about how we are governed at the global level remains a mystery. Scholars at the Institute are working to understand and map the levers of political, economic and legal authority in the world today.

At IGLP, we are convinced that governance is not only rules, institutions and procedures. It is also ideas that matter. If for a generation everyone thinks an “economy” is an input‐output mechanism to be managed, and then suddenly everyone thinks an economy is a market for allocating resources to their most efficient use in the shadow of a price system, a great deal has changed. That is also governance. The transformation of ideas about what an “economy” is, whether it is national or global, autonomous or institutionally embedded, can be

as important as transforming the institutions that sustain the operations of that economy.

Our Research MissionsAll of our academic programming is designed to support our research agenda, starting with our signature June IGLP Workshop for young scholars, which focuses on opportunities to build collaborative teams to deepen their thinking through multi‐year participation in our various streams, pro‐seminars and advanced workshops. At the same time, we are continuing our history of sponsoring important transnational dialog. In August 2011, for example, we co-sponsored a major public discussion in Bangkok Thailand about the place of a rising Asia in the political economy of the world. The event brought current and former political leaders from Europe, Latin America, Africa, the United States and Asia into dialog with academics and researchers from our global network. In this spirit, we have brought leading figures from the foreign affairs establishment in Moscow to Harvard for an intensive discussion of “Putin’s Russia in International Affairs,” and have hosted scholars from across the Americas interested in rethinking Latin America’s position in global legal and political culture. In collaboration with the German Foreign Ministry, we sponsored a series of critical reflections on global governance in workshops held in Germany, at Harvard and in Mexico. We worked closely with ASEAN to support their candidate for appointment as Secretary General of the United Nations. We helped to support efforts by an important regional government in the Middle East to improve its ability to tackle governance issues in ways distinct from the demands and one‐size‐fits‐all programs of the international financial institutions and foreign aid agencies.

We have also regularly convened international research teams for an on‐site investigation of policy directions and experience, through site visits and discussions with policy makers, often followed by an academic conference reflecting a first cut on the findings of the research inquiry. In 2008, we convened law and development specialists

Professor David Kennedy, founder and Faculty Director of the IGLP.

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from more than ten countries in Bogota, Colombia for a series of workshops and research trips, co‐sponsored with the University of Los Andes (Bogota). We explored national development plans and lending strategies at the Central Bank – as well as the Constitutional Court – and investigated, for comparative purposes, the coffee growing and flower growing industries. Thereafter, IGLP Director David Kennedy chaired a conference on New Perspectives in Law and Development at the University of Los Andes. The research team came from across Latin America, South Africa, Europe, Egypt, Syria and the United States. We sponsored a similar research initiative in 2007 in Sao Paulo and Rio de Janeiro, Brazil. The research mission focused on innovative initiatives implemented in Brazil by public and private institutions from “participatory budget” projects, the “bolsa escola”, negotiated land‐reform, the HIV/AIDS program, the Novo Mercado at the São Paulo Stock Exchange, the favela disarmament campaign, as well as the development contributions made by industrial leaders such as Embraer Airlines and Petrobras. In 2006, we sponsored a workshop and conference on the use of foreign law in

legislation with the Library of the National Congress in Santiago, Chile. Participants included development and comparative law specialists from almost a dozen countries in North and South America, Europe and the Middle East. We have also cosponsored a workshop on “globalization and development” in Moscow, Russia, which brought experts from Brazil, the United Kingdom, Austria, and the United States to meet with senior colleagues in Moscow for discussion. In August of 2012, we convened a research mission and workshop in Bangkok focused on new financial services regulation and development strategies in the emerging markets of the ASEAN region. In July 2013, we will convene a group of 10 scholars in Brazil for meetings and discussions with key Brazilian policymakers and legal scholars about the emerging law and development debate in Brazil and how it relates to global trends in the field.

Our Current Research ProjectsResearch now underway at the Institute includes a number of multi‐year projects spearheaded by our affiliated faculty. These projects provide a focal point

Participants at a lecture during 2012’s IGLP: The Workshop.


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at Harvard Law School for new thinking in the fields of comparative law, global governance and international law. Our current on-going research projects include:

Rethinking the Legal Structure of Liquidity and the Nature of Money in the Global Economy. This project, organized by Christine Desan of our Advisory Council, focuses on the lessons of heterodox and institutionalist traditions in both economic and legal science for understanding global political economy in the aftermath of the crisis. We are particularly interested in the relationships among private law, private ordering, national regulation and opportunities for multilateral governance or coordination. We are exploring the significance of disarticulation and intended inefficiencies in global systems in avoiding systemic risk – when introduced both within the transnational governance of private financial institutions and through regulation. Our Project on Capital Dynamics focuses on the legal structure of money, credit and financial liquidity. It considers capital dynamics as a matter engineered over time by different government, non‐governmental organizations and private actors, paying particular attention to the ways in which capital dynamics cross borders, studying the domestic and global dimensions of capital dynamics in tandem. As part of this project, the

IGLP co-sponsored a two-day conference on The History of Capitalism in November, 2011. During the 2012-2013 academic year, we will co-sponsor a graduate student-faculty research seminar on Financial Capitalism will focus on the structures of finance and money, with an eye towards the financial crisis.

Program on Global Financial RegulationThis project is organized in collaboration with our leading sponsor Visa International. This initiative will focus on three topics: Liquidity in the global economy, including foundational research on the nature of global liquidity and capital as legal institutions; Financial inclusion and banking services for the “unbanked” as an aspect of development policy; Structuring financial services in emerging markets and alternative paths to economic development. Through a series of sponsored student and faculty research projects and public academic and policy discussions, we seek to develop a transnational research network of young scholars and IGLP faculty working on research themes related to global financial regulation. The initiative’s inaugural event was a policy workshop that took place at Harvard Law School on March 30, 2012. The event brought scholars from the IGLP network into sustained conversation with high-level government officials and industry representatives.


Christine Desan lecturing on “Rethinking the Legal Structure of Liquidity and the Nature of Money in the Global Economy.”

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In August 2012, the IGLP convened a research mission and workshop in Bangkok focused on new financial services regulation and development strategies in the emerging markets of the ASEAN region.

Expertise and GovernanceThis project is an inter-faculty initiative on organized by IGLP Director David Kennedy and Sheila Jasanoff of the Kennedy School. A reading group met several times during the year for discussion on themes related to expertise with a view to enlarging our conceptual horizons and influencing our teaching. Questions we hoped to address include the following: Who are experts, whom do they represent, what are the sources of their authority, and how can expertise be held accountable? What kinds of institutions employ expertise, and what are the organizational characteristics of such institutions? How does the growing global reliance on experts affect the quality, effectiveness, and accountability of public policy and governance? Through readings

and/or presentations from several fields—including law, anthropology, history, sociology, and science and technology studies—we will consider how expertise is defined, constituted, challenged, defended, or defeated in contemporary societies.

Global Geneology of Family LawsThe rise of colonialism, capitalism, liberalism, modernity and nationalism across much of the world was strongly inflected by the idea that legal and social life divides naturally into two opposite orders – the market and the family. The idea was that the market was or should be governed by contract law that would ideally be uniform across the world and that would enable contracts giving effect to the will of the parties; while the family was or should be governed by family law that gave effect to the spirit of each national people and that enforced interpersonal duties. The idea is so pervasive that it seems inevitable that commercial law will be uniform and western everywhere and that family life, gender and sexuality will be local and “different.” It also is so structural that it helps to explain how political economy imagines itself to encompass everything crucial about global governance while chronically “forgetting” the


Scholars at the Institute are working to understand and map the levers of political, economic and legal authority in the world today. Above, Hani Sayed (American University in Cairo) participating in a discussion on the Future of Progressive Politics at IGLP: The Workshop.

Workshop alum Karolina Zurek served as a Docent in the 2012 Work-shop.

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family, gender and sexuality. This IGLP project, led by HLS professor Janet Halley, seeks to compare the spread of this idea and its various implementations across the world, both in the formation of colonial relations and in the breakdown of the colonial system. We believe that by understanding it genealogically and comparatively, we can better pry away the glue fixing us to it even today.

The Next Left – The Challenges and Opportunities for Social Democratic Politics in a Global EconomyThis project, which we are co-sponsoring with Dr. Alfred Gusenbauer of our Honorary Council, encourages dialog among those rethinking the politics of the left after globalization in various regions of the world, with a particular emphasis on the dynamics within Europe and between Europe and Latin America. The IGLP convened two meetings of the group in the past year – a small roundtable discussion in October on The Next Left: Globalised Social Democracy in the North and South and a two day Workshop in April at Harvard on “The Next Left: Building New Communities” which

focused on the contemporary state of social democratic politics and the potential for a progressive global agenda for the 21st century.

Law and the New Developmental StateLaw and the New Developmental State is a collaborative faculty project led by IGLP Advisory Council Member David Trubek, that seeks to examine the modern revival of the developmental state. Although state activism came under attack in the hey-day of neo-liberalism, today states in many developing countries are once again actively promoting economic growth and social development. These initiatives build on prior experiences but often take new forms as states cope with the challenges of growth under conditions of globalization. This new state activism tends to be more export oriented, more concerned with competiveness and innovation, and more aware of the need for incomes policy. These “new” developmental states prefer to support and partner with the private sector rather than supplant it. Such changes in state policy and practice have an impact on the legal order. They may make new

Professor David Kennedy and Academic Council member Joseph Stiglitz at the Regulation after the Crisis conference at Peking University in Beijing, October 29-30, 2009.

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uses of existing legal tools, deploy different enforcement practices, and create the need for new laws and new forms of governance. This project, co-sponsored with the network on Law and the New Developmental State (LANDS) explores relations between the legal order and new state policies in Brazil, Mexico, Colombia and Venezuela. As part of this initiative, the IGLP will co-sponsor a seminar and research mission to Brazil in July 2013 to explore the emerging forms of new state activism in Brazil and elsewhere, examine the theoretical work in political economy that has accompanied these turns in state policy, learn about the practice behind the “Brazilian policy-making factory”, the issues these developments have for the law and for the economy, and see how the emerging law and development debate in Brazil relates to global trends in the field.

Global Poverty and Heterodox Development Pathways: Mapping, Method and CritiqueThis project, which is led by Harvard Law Professor Lucie White and Sciences Po Law Professor Jeremy Perelman, is a collaborative effort among critical law and development scholars to present, map and critique alternative development pathways that are emerging in the confused phase of the post-Washington Consensus. The initiative was launched as a Pro-Seminar in 2012 in which members of the group presented short papers that tease out the methodological features of their respective approaches, as well as the distributional effects of the developmental pathways that they identify.

Assessing Foreign Corrupt Practices ActThis project examines the current structure and efficacy of the anti‐corruption legislation passed in more than 30 countries since the US Foreign Corrupt Practices Act of 1977. We are investigating the relationships among the network of statutory and treaty obligations, the emergence of a transnational practice of private sector compliance and due diligence, and the growth of criminal enforcement efforts in the last several years, particularly in the United States. In September 2011 IGLP Director David Kennedy and Dan Danielsen of our Academic Council published a report entitled Busting Bribery: Sustaining the Global Momentum of the Foreign Corrupt Practices Act that examines the current efforts in Washington, D.C., to amend the FCPA.

Matthew Craven and Christine Schwobel at IGLP: The Workshop in June 2012.

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David KennedyDavid Kennedy, Faculty Director of the Institute, is Professor of Law at Harvard Law School. He teaches international law, international economic policy, legal theory, law and development and European law. He joined the Harvard Law faculty in 1981 after teaching in Germany. He holds a Ph.D. from the Fletcher School at Tufts University and a J.D. from Harvard. He is the author of numerous articles on international law and global governance. His research uses interdisciplinary materials from sociology and social theory, economics and history to explore issues of global governance, development policy and the nature of professional expertise. He has been particularly committed to developing new voices from the third world and among women in international affairs.

Professor Kennedy also has extensive experience as a practicing lawyer, having worked on numerous international projects, both commercial and public, including work with the United Nations, the Commission of the European Union, and with the private firm of Clearly, Gottlieb, Steen and Hamilton in Brussels, where his work combined European antitrust litigation, government relations advising and general corporate law and with PricewaterhouseCoopers. A member of the Council on Foreign Relations, he is past Chair of the World Economic Forum’s Global Advisory Council on

Global Governance and a member of the Asian Peace and Reconciliation Council.

At Harvard, he served as Chair of the Graduate Committee and Faculty Director of International Legal Studies. He founded the European Law Research Center at Harvard in 1991 and served continuously as Faculty Director. He has advised a number of educational institutions on their academic programs, and lectured as a Visiting Professor at numerous universities across the world. In 2008-2009, he served as Vice President for International Affairs, University Professor of Law and David and Marianna Fisher University Professor of International Relations at Brown University.

Neal O’ConnorNeal O’Connor joined European Law Research Center in 2003. In 2010, with the launch of the new Institute for Global Law and Policy, Neal was appointed Program Manager, and in 2012 he became Administrative Director. He oversees the organizational and administrative functions for the Institute. Neal received a degree in history from Harvard University.

Judi SilvermanJudi Silverman joined the Institute in 2011. She contributes in diverse capacities to realize the Institute’s ambitious goals. Judi received an M.F.A. in poetry from the University of Iowa and a B.A. from Barnard College.

Melinda PetersonMelinda Peterson joined the Institute in September of 2012. Melinda received a B.A. in Legal Studies and Criminal Justice from the University of Massachusetts, Amherst. Abigail NasshanAbigail Nasshan has a B.A. in Government and Global South Development Studies from Smith College. She specializes in using social media and web development to enhance nonprofit organizations.

Staff and Affiliates

Professor David Kennedy lecturing at Harvard Law School.

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In 2012 the Institute is pleased to welcome two Institute Fellows:

Zinaida Miller is a doctoral candidate in International Relations at The Fletcher School, Tufts University. Her dissertation analyzes international intervention and the construction of the ‘international community’ by examining the framing and institutional design of, as well as resistance to, international activity from the League of Nations until the contemporary era. Her research interests include critical examinations of transitional justice, international intervention, human rights, and the politics of humanitarian aid. Her publications include Effects of Invisibility: In Search of the ‘Economic’ in Transitional Justice (International Journal of Transitional Justice, 2008). She holds a B.A. from Brown University, a Masters in Law and Diplomacy from The Fletcher School, and a J.D. from Harvard Law School.

Lisa Kelly is a doctoral (S.J.D.) candidate at Harvard Law School where her research focuses on family law, education law, and law and sexuality. Her doctoral dissertation analyzes the legal regulation of the child at school and the law and politics of universal schooling. Lisa is a Trudeau Scholar, a Frank Knox Memorial Fellow, and a Doctoral Fellow of the Social Sciences and Humanities Research Council of Canada. She holds a B.A. from the University of British Columbia, a J.D. from the University of Toronto, Faculty of Law, and an LL.M.

(waived) from Harvard Law School. After law school, Lisa articled with the Department of Justice in Ottawa and also clerked for Justice Marshall Rothstein of the Supreme Court of Canada.

Harvard Law School Faculty ContributorsThe Institute also draws on the expertise and experience of a wide range of Harvard Law School faculty. Numerous faculty members have mentored our Visiting Researchers over the years. Professors David Barron, Janet Halley, Allen Ferrell, Elizabeth Bartholet, Martha Field, Terry Fisher, and Mark Ramseyer have participated in our Spanish training programs co-organized with the Garrigues law firm. Professors Lucian Bebchuck, Reinier Kraakman, Robert Clark, Guhan Subramanian, Allen Ferrell, Howell Jackson and Alan Dershowitz have all been participants in our conferences on corporate law and regulation, while Professor Einer Elhauge has joined our annual conference on European and American antitrust enforcement for several years. Professor Christine Desan contributes regularly to our program on the history of capitalism and the global economy, while Professor Duncan Kennedy is a regular participant in our work on comparative law, globalization and social theory. We have long supported Professor Halley’s work in the fields of comparative family law, social theory and the feminist legacies of global governance. Each year, we endeavor to work closely with faculty who have compatible projects concerning global law and policy. Professor Gerald Frug’s work on international local government law has sparked a number of events, and we have supported his comparative research on the city as a legal concept. We have provided assistance to clinical projects in Africa developed by Professor Lucie White in the fields of global health policy and human rights. We have hosted a series of workshops with Professor Roberto Unger, Professors Detlev Vagts, Harry Martin and Peter Murray. We work closely with the graduate program at the law school, encouraging interactions among doctoral students and their faculty colleagues, and are grateful for Professor William Alford’s ongoing engagement and support.

Working Formats Staff and Affiliates

David Kennedy and Miguel Maduro at the European Legal Project: New Approaches seminar at Harvard Law School.

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Honorary, Advisory, and Academic Councils

Honorary CouncilFernando Henrigue Cardoso

Former President of Brazil

H.M. Juan Carlos IKing of Spain, as Honorary President of theReal Colegio ComplutenseMadrid, Spain

Gil CarlosFormer President of the Court of Justice of the European CommunitiesLuxembourg

Jacques DelorsFormer President of the Commission of theEuropean CommunitiesBrussels, Belgium

Claus-Dieter EhlermannEuropean University Institute, Fiesole, Italy;former member of the Appellate BodyWorld Trade OrganizationGeneva, Switzerland

Dr. Alfred GusenbauerFormer Chancellor of Austria

Ricardo Lagos EscobarFormer President of Chile

Mark Malloch-BrownFormer UN Deputy Secretary General,and Former Minister of State in theBritish Foreign Office

Jacques SanterFormer Member of the European Parliament; former President of the Commission of the European Communities, Brussels, Belgium;former Prime Minister of theGrand Duchy of Luxembourg

Surakiart SathirathaiFormer Foreign Minister andDeputy Prime Minister of Thailand

Advisory Council member Leopold Specht and Academic Council member Dennis Davis actively participated in many IGLP events this year.

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Advisory CouncilCarlos Andradas Heranz

Universidad Complutense de MadridMadrid, Spain

Jose Maria BeneytoGómez-Acebo & PomboMadrid, Spain

Daniela CarusoBoston UniversityBoston Massachusetts

Matthew CravenSchool of Oriental and African StudiesUniversity of LondonLondon, United Kingdom

Christine DesanHarvard Law SchoolCambridge, Massachusetts

Karen EngleUniversity of TexasAustin, Texas

Jorge EsquirolFlorida International UniversityMiami, Florida

Gerald FrugHarvard Law SchoolCambridge, Massachusetts

Antonio Garrigues WalkerJ&A Garrigues, S.L.Madrid, Spain

Janet HalleyHarvard Law SchoolCambridge, Massachusetts

Duncan KennedyHarvard Law SchoolCambridge, Massachusetts

Martti KoskenniemiUniversity of HelsinkiHelsinki, Finland

Advisory Council member Professor Kerry Rittich led a stream on Law and Economic Development at IGLP: The Workshop in June 2012.

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Salvador Medina ChaoCiudad Grupo SantanderMadrid, Spain

Kerry RittichUniversity of Toronto Toronto, Canada

Leopold SpechtSpecht Rechtsanwalt GmbH,Vienna – Belgrade – Budapest – Kiev – Moscow – Prague – St. Petersburg

Joseph StiglitzColumbia UniversityNew York, New York

Romano SubiottoCleary, Gottlieb, Steen & HamiltonBrussels, Belgium

Roberto UngerHarvard Law SchoolCambridge, Massachusetts

Academic CouncilGianmaria Ajani

University of TurinTurin Italy

Philip AllottTrinity College; Cambridge UniversityCambridge, England

Helena AlviarUniversidad de Los AndesBogotá, Colombia

Yishai BlankFaculty of Law, Tel Aviv UniversityTel Aviv, Israel

Hilary CharlesworthThe Australian National UniversityCanberra, Australia

B.S. ChimniJawaharlal Nehru UniversityNew Delhi, India

Dan DanielsenNortheastern University Law SchoolBoston, Massachusetts

Dennis DavisHigh Court of Cape TownSouth Africa

James Der DerianBrown UniversityProvidence, Rhode Island

Dr. Günter FrankenbergJohann-Wolfgang-Goethe-UniversityFrankfurt, Germany

Eduardo Garcia de EnterriaComplutense UniversityMadrid, Spain

Academic Council members Professors Helena Alviar and Dr. Günter Frankenberg at IGLP: The Workshop in June 2012.

Academic Council member Romano Subiotto participating in the European Legal Project: New Approaches seminar in April 2012.

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Christophe JaminSciences Po Law SchoolParis, France

Emmanuelle JouannetDirector of CEDIN, University of ParisParis, France

Sorajak KasemsuvanChulalongkorn UniversityBangkok,Thailand

Kishore MahbubaniLee Kuan Yew School of Public PolicyNational University of SingaporeRepublic of Singapore

Susan MarksLondon School of EconomicsLondon, United Kingdom

Pratap Bhanu MehtaCentre for Policy ResearchNew Delhi, India

Philippe SandsUniversity College LondonLondon, United Kingdom

Calixto Salomao FilhoUniversity of Sao PauloSao Paulo, Brazil

Amr ShalakanyThe American University in CairoCairo, Egypt

Gunther TeubnerJohann-Wolfgang-Goethe-UniversityFrankfurt, Germany

Advisory Council member Professor José Maria Beneyto and Academic Council member Dan Danielsen participated in the European Legal Project: New Approaches seminar in April 2012.

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Chantal ThomasCornell UniversityIthaca, New York

David TrubekUniversity of Wisconsin-MadisonMadison, Wisconsin

Jean-Francois VerstryngeHonorary Director GeneralCommission of the European CommunitiesBrussels, Belgium

Michel WaelbroeckUniversity of BrusselsBrussels, Belgium

Robert WaiYork UniversityToronto, Canada

Mikhail XifarasScience PoParis, France

Academic Council member Professor Chantal Thomas taught at IGLP: The Workshop in June 2012.

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The Network

The Institute for Global Law and Policy encourages academic collaboration and progressive research to nurture alternative ideas about international law, society, and political economy. Over the last few years, we have developed a large global network of scholars and policy makers who share our belief that ideas matter, and who share our commitment to new voices and viewpoints for thinking about global governance, social justice and economic policy. Our common goal is to better understand how power is exercised in the world today, and how original and critical thinking can transform the ways in which policy experts, intellectual leaders and citizens understand our common global situation.

The Institute’s activities are designed to strengthen that network and to assist all those who share our critical impulse and concern about the ideas that govern our world to share new ideas, events, research, and experiences with others in the field. Our website and events are designed to be a haven of collaboration and sharing, all with the purpose of advancing global governance thinking and ideas.

The Institute publishes Network News on its website as a resource for up-to-date information about new ideas in the field of global governance. It highlights developments for the IGLP, its partner institutions, and the global governance field as a whole.

The Institute promotes the development of new ideas in all forms, including new books and academic papers. We encourage our partners, friends and colleagues to share new books and papers that they feel will help advance progressive and alternative ideas about international law, society, and political economy. The Institute announces publications and publishes working papers, articles, and interviews in New Thinking New Writing on its website. Highlights from 2011-2012 include:

•Interviews with IGLP Core Faculty Member and Professor Jorge Esquirol about renewing Latin American Legal Studies, and with Harvard Law School Professor Janet Halley, conducted by Harvard Law School SJD Candidate Lisa Kelly about Halley’s new article “What is Family Law?: A Genealogy”

Participants in a recent IGLP-Visa research mission and workshop in Bangkok.

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•Working papers by Harvard Law School SJD candidate Damjan Kukovec, and by IGLP contributors Yiannis Z. Drossos, Ayça Çubukçu, and Justin Desautels-Stein

•Announcements of publications by IGLP Director David Kennedy, IGLP Alumni Michael Fakhri, Rose

Participants at IGLP: The Workshop in June 2012.

Parfitt, Michelle Burgis, Usha Natarajan, Umut Özsu, and Surya Deva, and IGLP Visiting Scholar Luise Druke.

•Announcements of fellowships, open job positions, calls for papers, conferences, and events organized by our alumni and friends.

The Network

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Participants in IGLP: The Workshop in June 2012. Over the last few years, the IGLP has developed a large global network of scholars and policy makers, and its activities are designed to strengthen that network.

The Network

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Participants in IGLP: The Workshop in June 2012. Over the last few years, the IGLP has developed a large global network of scholars and policy makers, and its activities are designed to strengthen that network.

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The IGLP is particularly grateful to our Sponsors, who continue to show their faith in our efforts to provide a focal point for European, international and comparative law, and economic development study at Harvard Law School.

Leading SponsorsThe Qatar FoundationThe Qatar Foundation was established with a mission to lead human, social, and economic development of Qatar, through education and research; making Qatar a vanguard for productive change in the region and a role model for the broader international community. As part of its flagship project, Hamad bin Khalifa University, the Foundation is seeking to establish a global law school and research center in Doha, with a mission to become a leader in new thinking about law and governance and to revitalize Arab law and governance traditions. An integral part of its law school project is to contribute to higher education

worldwide by convening a global network of young scholars of law and governance, and to place young scholars and aspiring leaders from the region in dialog with global peers. The Foundation aims to extend its global outreach by supporting institutions that share its belief in the values of global dialogue and research, in a way that help the Foundation fulfill its mission. The Foundation now seeks to support the capacity of the IGLP to develop projects and pursue research of interest to the global community and the region. The Qatar Foundation is the host and lead sponsor of our intensive Workshop held in January in Doha.

Santander Universities and Sovereign BankSantander Universities and Sovereign Bank joined the Institute as a Leading Sponsor in 2010. Santander Universities, whose activities

through local affiliates such as Sovereign Bank, was created by Banco Santander on the conviction that the best way of contributing to growth and economic and social process is by backing the higher education and research system. Banco Santander’s commitment to progress finds its expression in the Santander Universities Global Division, whose activities form the backbone of the bank’s social action and enable it to maintain a stable alliance with the academic world in Latin America, China, USA, Spain, Morocco, Portugal, United Kingdom, and Russia. Santander Universities Global Division, a team of more than 1,900 professionals distributed across 14 countries, coordinates and manages Banco Santander’s commitment to higher education. Between 1996 and 2008, Banco Santander channeled €600 million into sponsorship of academic, research and technological projects in support of higher education. There are now 800 academic institutions receiving support from Banco Santander for the development of academics initiatives including Harvard University and The Institute for Global Law and Policy. Santander Universities is the lead sponsor of our June intensive workshops and Pro-Seminars at Harvard.

Real Colegio ComplutenseThe Real Colegio Complutense, Cambridge, MA, is a non-profit organization established in 1990 by Complutense University of Madrid, Spain in order to foster scholarly and scientific exchange between Harvard University and Spanish universities and institutions. The Real Colegio Complutense is a founding partner of the ELRC. To obtain more information on Complutense University, visit their website at www.ucm.es

Program Partners and Sponsors

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Visa InternationalVisa is a global payments technology company that connects consumers, businesses, banks and governments in more than 200 countries and territories, enabling them to use digital currency instead of cash and checks. Visa has built one of the world’s most advanced processing networks. It’s capable of handling

more than 20,000 transactions per second, with reliability, convenience and security, including fraud protection for consumers and guaranteed payment for merchants. Visa does not issue cards, extend credit or set rates and fees for consumers. Visa’s innovations, however, enable its bank customers to offer consumers more choices: Pay now with debit, ahead of time with prepaid or later with credit products. In fact, approximately 70 percent of Visa payment transactions in the United States are debit and prepaid, not credit. Governments here and abroad have switched to digital currency instead of checks for benefits payments and purchasing in order to increase efficiency and lower costs, saving taxpayers money. From the world’s major cities to remote areas without banks, people are increasingly relying on digital currency along with mobile technology to use their money any time, make purchases online, transfer funds across borders and access basic financial services. All of which makes their lives easier and grows economies. Visa International is the lead sponsor of our Program on Global Financial Regulation.

J&A Garrigues, S.L.P.Founded in 1941, J&A Garrigues, S.L.P. is one of the longest established law firms in Spain. During the second half of the twentieth century, J&A Garrigues was a central pillar of the Spanish legal profession and was routinely consulted on all key reforms to Spanish law, particularly during the country’s transition to democracy. Playing key

roles in the development of the country and its laws ensured that Garrigues became one of the most knowledgeable and respected law firms in Spain. More information about Garrigues can be found on their website at www.garrigues.com.

Friends of the InstituteCleary, Gottlieb, Steen & HamiltonA leading international law firm with 12 offices located in major financial centers around the world, Cleary Gottlieb Steen & Hamilton LLP has helped shape the globalization of the legal profession for more than 60 years. Their worldwide practice has a proven track record for innovation and providing work of the highest quality to meet the needs of our domestic and international clients. In recognition of the firm’s strong global

practice, its effectiveness in dealing with the different business cultures of the countries in which it operates, and its success in multiple jurisdictions, Cleary Gottlieb received Chambers & Partners’ inaugural International Law Firm of the Year award. To obtain more information, visit their website at www.cgsh.com, or contact the New York City’s office at One Liberty Plaza, New York, NY 10006-1470. (Telephone: 212-225-2000, Fax: 212-225-3999)

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Funding & Support PoliciesThe IGLP is a collaborative faculty effort to nurture innovative approaches to global policy in the face of a legal and institutional architecture manifestly ill-equipped to address our most urgent global challenges. The IGLP builds on almost 20 years experience at the European Law Research Center (ELRC) at Harvard, which was founded by IGLP Director David Kennedy in 1991.

Over the past two decades the ELRC/IGLP has received financial support from foundations, corporations, private donors, international organizations, and government entities. These relationships are vital to the pursuit of our ambitious educational and public interest goals. We are committed to autonomy in our research and transparency in our relationships. These traits are essential to our continued credibility and success as an institution. Our funding model is possible due to the robust, strict, and clear policies that govern our association with donors and preserve the Institute’s intellectual independence.

Our research and outreach modes depend substantially on being able to convene and engage parties that span the spectrum of viewpoints, and for our research results to have impact, our work must not only be intellectually rigorous, but also fair and impartial.

To that end, we do not accept grants that limit our ability to carry out research in the way we see fit – free of outside influence and consistent with our organizational mission and values. We do not undertake research or accept funds at the request of outside organizations unless it is consistent with our existing research agenda, mission, and overall philosophy. We are transparent about our funding sources, announcing the receipt of funds through our normal communication channels.

All corporate donors agree to give their funds as unrestricted gifts, for which there is no contractual agreement and no promised products, results, or deliverables. We have experimented with different arrangements at times in the past and have come to believe that this is the most productive approach for both the Institute and our donors.

Foundations, international organizations, government entities, and other non-private entities may offer unrestricted gifts, but in most cases they are required to offer grant funding for sponsored research. The terms of these grants are set forth in contracts negotiated between the donor and Harvard’s Office of Sponsored Programs and include specific parameters such as budget guidelines, timelines, and deliverables.

These policies complement the relevant policies of Harvard Law School and Harvard University. We will continue to review these policies to ensure that we are doing our utmost to maintain the integrity of the IGLP, our work, and our community.

Program Partners and Sponsors

The free exchange of ideas is closely guarded and ensured by IGLP’s intellectual independence from its sponsors.

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poverty law in Toronto and San Francisco and also has extensive experience in community organizations and social movements.

Olga Frishman (Israel) is a PhD candidate in the direct program towards a PhD in Law at Tel-Aviv University, Faculty of Law. Her research interests focus on the affects on globalization on national judiciary, organizational

theory, comparative constitutional law and theories of democracy. Prior to pursuing graduate studies, Olga clerked for Justice Asher Grunis at the Israeli Supreme Court.

Yolanda Gamara has been Professor in Public International Law and International Relations at Zaragoza University (Spain) since 2000. She specialises in European History Integration, International Cultural Co-operation: Instruments and Mechanisms, Succession

of States, International Monitoring Mechanisms on Democracy and Human Rights, International Justice, Conflict Prevention and Peacekeeping Operations, Use of Force and Defence Policies, American Integration Processes, and Theory and History of International Law. She is Member of the Commission for the Evaluation of the Master on Global Security and Defence at the University of Zaragoza. She has been Visiting Fellow at The Lauterpacht Centre for International Law, University of Cambridge, February to June 2009, and Visiting Scholar at University of Modena (Italy), from 2001 until 2012. She is the main researcher of the Spanish Ministry of Innovation and Science’s Project DER2010-16350 “El pensamiento iusinternacionalista español en el siglo XX. Historia del derecho internacional en España, Europa y

Visitors Program

Visiting ResearchersJosep M. Altarriba (Spain) is a marketing professor at the University of Barcelona. Between 2005 and 2009 he directed the Spokesperson’s Office of the Government of Andorra. He holds a SJD

from the Complutense University of Madrid, as well as a Marketing Degree from the University of Barcelona. His field of study focuses on marketing and communication legal aspects. During his stay at the IGLP, Josep will conduct research on the US Supreme Court doctrine on media regulation.

Rafael Caballero Sanchez (Spain) is an Associate Professor for Administrative Law at the Complutense University of Madrid. His research interests focus on energy law, competition

and regulated markets, education law and policy, and administrative procedure. In 2010 his article “Essential Facilities Companies: The Birth of a New Model of Regulated Companies Put into Market’s Service” was published in Administrative Law Review (No. 181, pp. 135-178)

Irina Ceric (Canada) is a PhD Candidate and adjunct instructor at Osgoode Hall Law School of York University and a Research Associate at the Institute for the Study of Political Economy and Law.

Her research interests center on the political economy of law and development, public international law and critical legal theory. Prior to pursuing graduate studies, Irina practiced criminal defence, constitutional and

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América, 1914-1953”. During her time at the IGLP her research will focus on Global Governance and European Union.

Patricia Lamo de Espinosa (Spain) is a practicing lawyer in Spain, who served as the adviser to the Spanish Ombudsman for over 15 years. She has taught courses on Public and Private Agriculture Law for several

years at the Polytechnic University of Madrid where she earned her Masters in European Union Law as well as her PhD in Law. Her research focuses on competition and regulated markets, law and policy, as well as food and drug law. She is the author of “The Competition Law on the Agro-food Sector in the European Union and Spain” which was recently published by the Spanish Ministry of Agriculture.

Patricia Lampreave (Spain) is an International Tax Lawyer and a Tax Professor (SJD) at the University Complutense (Spain). In addition she teaches European Tax Policy at the Université Libre de Bruxelles (Belgium) and is the Official correspondent in Spain

of the International Bureau of Fiscal Documentation (The Netherlands). She is the author of several tax law articles, and has participated in many international conferences and workshops on European Tax Law. During her time at IGLP, she will continue research focused on her comparative study between US and EU anti tax- avoidance doctrines, a portion of which was presented as a lecture entitled “Tax Avoidance vs.Tax Planning, Where is the Path?” in September, 2011.

Luise Druke (Germany) is a part time faculty member at Leibniz University Hannover and Fellow at the Harvard Humanitarian Initiative (HHI). She is the author and co-author of several books and articles on law and

policy, specifically as it relates to the the United Nations, UNHCR and the European Union, and has has headed UNHCR offices and missions in Europe, South East Asia and Central Asia, Latin America, and Africa. During her time at the IGLP her research will focus on her UNHCR book project entitled, “Mobilizing for Refugee Protection – Marking the 60th anniversary of UNHCR and of the 1951 Refugee Convention” Luise earned a PhD in Political Science from Hannover University, a honorary degree in Public International Law from Shumen University, a MA in Public Administration from Harvard University as well as an LL.M. from Brussels Free University.

Agustín Madrid-Parra, J.D. (Spain) is a Full Professor of Commercial Law at “Pablo de Olavide” University in Sevilla, where he also served as Secretary-General from 1997-2001 and President of the University from 2003-2007. His main research lines

are financial system law, securities market law, mortgage market, and electronic commerce law. Since 1992 Prof. Madrid has been appointed Spanish Delegate on the United Nation Commission on International Trade Law (Working Group on Electronic Commerce), with active participation in the draft of the UNCITRAL Model Law on Electronic Commerce (1996/1998), the UNCITRAL Model Law on Electronic Signatures (2001), and the United Nations Convention on the Use of Electronic Communications in International Contracts (2005).

Visitors Program

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Julia Mas-Guindal (Spain) is a practicing lawyer as well as a PhD candidate at the Complutense University in Madrid (UCM). Her research interests include Bankruptcy, Intellectual Property Law, Law and Economics and

Family Law. Julia earned a double degree in Law and Business from UCM in 2009, and obtained the Diploma of Advanced Studies (DEA) in 2011.

Elizabeth Trujillo is a Full Professor at Suffolk University Law School in Boston. Professor Trujillo has published several law review articles and book chapters on international trade law

and its intersection with domestic regulatory processes, including climate change policy, as well as issues of transnational governance. Recently, she was a co-author with other trade scholars in the The Max Planck Commentaries on World Trade Law, vol. 5 “WTO—Trade in Goods.” Professor Trujillo is currently Co-Vice Chair of the International Economic Law Interest Group with the American Society of International Law. During her time at IGLP, she will be completing a trilogy of articles on current trade policy regarding the environment and sustainable development and doing research for a book project on the impact of public/private partnerships in furthering global economic policy and in changing the landscape of regulation.

Visitors Program

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Asia in the Next DecadeBangkok, Thailand, August, 2011In August 2011, the IGLP co‐sponsored a policy workshop on Asia in the Next Decade with the Saranrom Institute of Foreign Affairs at Chulalongkorn University in Bangkok, Thailand. The event featured lectures and panel discussions by scholars and policy experts focused on the emerging economies of the ASEAN region and the potential for further growth of the region in the coming years. Over two days, panelists explored several topics affecting the region including the future of Asia from Asian Perspectives, Threats and Challenges for Asia, Challenges and Opportunities for Business in Asia, and more. IGLP Director David Kennedy participated in a panel discussion on Asia from Global Perspectives alongside IGLP Honorary Council Members Alfred Gusenbauer and Ricardo Lagos Escobar. Dr. Surakiart Sathirathai, who is also a member of the IGLP’s Honorary Council, delivered

the workshop’s keynote address, which focused on the future of Thai foreign policy amidst the rising Asia.

Panel Discussion on Collateral Knowledge:Legal Reasoning in the Global Financial MarketsHarvard Law School, September 15, 2011On September 15, 2011, the IGLP and the Tobin Project co-hosted Cornell University Professor Annelise Riles for a discussion of her new book, Collateral Knowledge: Legal Reasoning in the Global Financial Markets.

The book explores the uses of collateral in the financial markets as a regulatory device for stabilizing market transactions. How collateral operates is paradigmatic of a class of low-profile, mundane, but indispensable activities and practices that are all too often ignored as we think about how markets should work and be governed. The book seeks to democratize our understanding of legal techniques, and demonstrate how these day-to-day private actions can be reformed to produce more effective forms of market regulation.

Professor Peter Spiegler from the Department of Economics at UMass Boston served as the discussant for this event. Professor Riles is the Jack G. Clarke Professor of Law in Far East Legal Studies and Professor of Anthropology at Cornell, where she also serves as Director of the Clarke Program in East Asian Law and Culture. Her work focuses on the transnational dimensions of laws, markets and culture.

What Lawyers Must Know about Litigation & Public Affairs Communications in the Global MarketplaceHarvard Law School, Thursday, October 13, 2011 On October 13, 2011, the IGLP hosted Richard Levick, Esq., President and CEO of Levick Strategic Communications, who offered a talk that explored what lawyers need to know about the role that effective communications strategies play in the highest-profile cases that lawyers handle. Mr. Levick’s talk drew on powerful case studies--including the Emirates, the Professor Dr. Surakiart Sathirathai, IGLP Honorary Council member.

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Guantanamo detainee controversy, and the largest antitrust penalty ever sought by the U.S. government--to underscore the problems and solutions facing all players in the global marketplace.

The Next Left: Globalised Social Democracyin the North and SouthHarvard Law School, October 9, 2011On October 9, 2011, the IGLP hosted Dr. Alfred Gusenbauer, Former Chancellor of Austria, for a meeting related to his research project, “The Next Left: Globalised Social Democracy in the North and South.” Dr. Gusenbauer’s project seeks to examine the state of social democracy today, and to evaluate the ways it could become a driving force for change in the 21st century. Participants included:

Arnulf Becker LorcaVisiting fellow at the Watson InstituteBrown University

Dan DanielsenProfessor of LawNortheastern University School of Law

Terry FisherProfessor of Law, Harvard Law School

Ermal FrasheriS.J.D. candidate, Harvard Law School

David KennedyProfessor of Law, Harvard Law School

Michael KennedyDirector of the Watson Institute forInternational StudiesBrown University

Ricardo LagosFormer President of Chile

Shunko RojasS.J.D. candidate, Harvard Law School

Ania SkrzypekSenior Research Fellow for theFoundation of European Progressive Studies

Leopold SpechtSpecht Rechtanwalt GmbH, Vienna, Austria

IGLP and Real Colegio ComplutenseBusiness Law SeminarHarvard Law School, November 7-10, 2011The IGLP and its co-founder and leading sponsor, the Real Colegio Complutense, held our 9th annual Business Law Seminar at Harvard Law School. This year’s seminar, entitled “Transatlantic Views on

Working Formats Events

Dr. Alfred Gusenbauer, former Chancellor of Austria, participated in the Next Left: Globalised Social Democracy in the North and South.

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Corporate and Financial Law Issues,” brought together corporate law faculty at Complutense University in Spain with colleagues at Harvard Law School to share their ongoing work on comparative corporate law issues between US and European law.

Complutense University Professor Juan Sánchez-Calero convened the seminar. Presentations by a number of researchers, academics, and lawyers from Spain were well-received. Presentations also included Harvard Law School Professors Reinier Kraakman on “The Financial Crisis in Real Estate in the US and the Efficient Capital Market Hypothesis,” Guhan Subramanian on “Deal Process Design in the U.S. and Europe,” Einer Elhauge on “Sacrificing Corporate Profits in the Public Interest,” and John Coates on “Del Monte: The Interaction of Conflicts of Interest among Bankers and Boards.”

Conference: The History of CapitalismHarvard Law School, November 18-19, 2011The IGLP and the Program on the Study of Capitalism at Harvard Law School and the Culture of the Market Network hosted a three-day conference on the History of Capitalism. The conference brought together leading scholars to explore new problems and possibilities in the field. The conference was organized by Professors Sven Beckert and Christine Desan and included interdisciplinary panels on “Making Markets,” chaired by Christine Desan, “North America and Global Capitalism,” chaired by Noam Maggor, “Capitalism and Governance,” chaired by Sven Beckert, and “Representing the Market,” chaired by Chris Mckenna.

10th Annual Seminar on Current Developmentsin EU & US Antitrust LawHarvard Law School, November 21, 2011The IGLP and the law firm of Cleary, Gottlieb, Steen and Hamilton hosted our 10th annual seminar on Current Developments in EU and US Antitrust Law. The seminar featured lectures and roundtable discussions with experts from both the legal academic and professional communities. Mr. Romano Subiotto, who is a member

Working Formats

of the IGLP’s Advisory Council and a Partner at Cleary, Gottlieb’s Brussels office, convened the seminar.

Expertise and Governance:Interfaculty Reading GroupCambridge, MA, December 5, 2011, February 14, 2012, and March 20, 2012The IGLP along with the Program on Science, Technology and Society at Harvard Kennedy School convened a series of three interfaculty meetings focused on the relationship between expertise and governance with a view to enlarging conceptual horizons and influencing teaching. The aim was to address the following questions: Who are experts, whom do they represent, what are the sources of their authority, and how can expertise be held accountable? What kinds of institutions employ expertise, and what are the organizational characteristics of such institutions? How does the growing global reliance on experts affect the quality, effectiveness, and accountability of public policy and governance? Through readings and/or presentations from several fields—including law, anthropology, history, sociology, and science and technology studies—participants considered how expertise is defined, constituted, challenged, defended, or defeated in contemporary societies. Sessions included discussing the Wal-Mart class-action bias case and employment discrimination law and experts and water governance

Participants at IGLP: The Workshop.

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in Yemen. The reading group was organized by David Kennedy (Harvard Law School) and Sheila Jasanoff (John F. Kennedy School of Government, Harvard University). Participants included:

Elizabeth BartholetMorris Wasserstein Public Interest Professor of Law;Director, Child Advocacy ProgramHarvard Law School

Steve CatonProfessor of Contemporary Arab StudiesFAS Department of AnthropologyHarvard College

Dan DanielsenProfessor of LawNortheastern University School of Law

Terry FisherWilmer Hale Professor of IntellectualProperty Law and Faculty DirectorBerkman Center for Internet and SocietyHarvard Law School

Marjorie GarberWilliam R. Kenan, Jr. Professor of English and ofVisual and Environmental StudiesFaculty of Arts and Sciences, Harvard College

Janet HalleyRoyall Professor of LawHarvard Law School

Michael HerzfeldProfessor of Anthropology;Curator of European Ethnology in thePeabody Museum of Archaeology and Ethnology;Associate of Eliot HouseFaculty of Arts and SciencesHarvard College

Sheila JasanoffPforzheimer Professor ofScience and Technology Studies;Professor of Environmental Science andPublic Policy, John F. Kennedy School of Government

Andrew JewettAssistant Professor of History and of Social StudiesFaculty of Arts and Sciences,Harvard College

David KennedyManley O. Hudson Professor of LawHarvard Law School

Duncan KennedyCarter Professor of General JurisprudenceHarvard Law School

James KloppenbergCharles Warren Professor of American History;Department Chair of HistoryFaculty of Arts and SciencesHarvard College

James McCarthyProfessor of Biological Oceanography;Alexander Agassiz Professor of BiologicalOceanography in the Museum ofComparative Zoology;Honorary Associate and Former House Master ofPforzheimer HouseFaculty of Arts and SciencesHarvard College

Lee VinselFellow, Post DoctorateJohn F. Kennedy School of Government

Participants at IGLP: The Workshop in June 2012.

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Chris WinshipDiker-Tishman Professor of Sociology;Member of the Faculty at theJohn F. Kennedy School of Government

Panel: From the Household to the Family:Legal GenealogiesHarvard Law School, February 23, 2011Janet Halley, IGLP contributor and Royall Professor of Law at Harvard Law School, published the second installment of “What is Family Law?: A Genealogy,” in the Yale Journal of Law & the Humanities. The work offers a genealogy of domestic relations law (later renamed family law) and how it emerged as a distinct field in American law in the latter half of the nineteenth century.

To celebrate the occasion, the IGLP hosted panel discussions about the significance of the article and its relationship to other pieces in the field. Panelists also reflected on the influence Professor Halley’s overall

scholarship has had on their own research and how it has shaped their own thinking. Panelists included:

Karen EngleMinerva House Drysdale Regents Chair of Law andFounder and Co-director of theBernard and Audre Rapoport Center forHuman Rights and JusticeUniversity of Texas Law School

Duncan KennedyCarter Professor of General JurisprudenceHarvard Law School

Teemu RuskolaProfessor of Law, Emory Law School

Jeannie SukProfessor of Law, Harvard Law School

Philomila TsoukalaAssociate Professor of LawGeorgetown University Law Center

Other participants included:

Janet Halley presenting at “From the Household to the Family: Legal Genealogies” earlier this year.

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Libby AdlerNortheastern University School of Law

Aziza AhmedNortheastern University School of Law

David KennedyHarvard Law School

Fernanda NicolaAmerican University Washington College of Law

Judith SurkisColumbia University and Barnard College

Chantal ThomasCornell Law School

Property Rights and the Human Rights AgendaUniversity of Texas Law School, March 1-2, 2012In March 2012 the IGLP, along with the Bernard and Audre Rapoport Center for Human Rights and Justice co-sponsored a two-day conference on Property Rights and the Human Rights Agenda at the University of Texas School of Law. This multidisciplinary and comparative conference explored conflicting trends among different property regimes, with the aim of uncovering hidden assumptions, learning from varied experiences, and exploring which property regimes might best advance the human rights agenda in each context. Conference panels explored topics such as changing conceptions of property, the role of property rights in dispossession and

redistribution, and the implications of private titling. IGLP Director David Kennedy delivered a talk “On Property Rights and Development” as part of the conference’s keynote panel. The IGLP was pleased to sponsor two young scholars whose papers were selected to be presented at the conference:

Mekonnen Firew AyanoS.J.D. Candidate, Harvard Law School“Constitutional Property Rights in Ethiopia:The Old and New ‘State Ownership’ of Land”

Priya S. GuptaAssistant Professor & Assistant Director for theCentre for Women, Law, and Social ChangeJindal Global University“A Systemic and Empirical Critique of Property andHousing as Human Rights in India”

Workshop: Global Liquidity and Capitalas Legal InstitutionsHarvard Law School, March 30, 2012On March 30, 2012 the Institute for Global Law and Policy and Visa International convened a day-long policy roundtable workshop on Global Liquidity and Capital as Legal Institutions. This Workshop lauched broad ranging research initiatives to explore the themes of liquidity in the global economy, productive financial

Participants in the IGLP-Visa Workshop on Global Liquidity and Capital as Legal at Harvard Law School, March 30, 2012.

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services regulatory structures in emerging markets, and financial inclusion. The aim of this new initiative is to both strengthen expertise within IGLP’s global network of experts and young scholars, and to help us identify ongoing research projects that advance thinking about policy alternatives through discussion among scholars, public officials and industry representatives. The Roundtable brought together a small group of government officials, industry representatives and scholars for a high-level discussion of the nature of global liquidity and capital as legal institutions, financial inclusion and the provision of banking services for the unbanked as an aspect of development policy, and the structure of financial services in emerging markets. Presentations included:

Liquidity in the Global Economy and Capital as Legal Institutions

Christine DesanProfessor of LawHarvard Law School

Nadav Orian PeerS.J.D., Harvard Law School

Financial InclusionRashmi Dyal-Chand

Professor of Law at theNortheastern University School of Law

Shunko RojasS.J.D. candidate at Harvard Law SchoolIGLP Fellow & consultant,Trade and Investment Unit of theInter-American Development Bank

Financial Services and Economic DevelopmentDennis Davis

Judge of the High CourtCape Town, South Africa

Surakiart SathirathaiFormer Deputy Prime Minister andForeign Minister of Thailand

Other participants included:

John BarryHead of Government Affairs, APCEMEA; Visa, Inc.

Ermal FrasheriS.J.D. candidateHarvard Law School

David KennedyManley O. Hudson Professor of Law andDirector, Institute for Global Law & PolicyHarvard Law School

Thaweesak KoanantakoolPresident of the National Science andTechnology Development Agency (NSTDA) andProfessor in the Faculty of EngineeringPrince of Songkla UniversityBangkok, Thailand

Damjan KukovecS.J.D. candidate, Harvard Law School

Helen LuAssociate, Sullivan & Cromwell

Richard LungEconomist, Visa, Inc.

Lawrence Kego MashaPartner at Ishengoma, KarumeMasha & Magai Advocates (IMMMA)Dar es Salaam, Tanzania

John Barry (with David Kennedy, right) of Visa, Inc., participated in the policy workshop on Global Liquidity and Capital as Legal Institutions.

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Annelise RilesJack G. Clarke Professor of Law inFar East Legal Studies andProfessor of Anthropology, Cornell University

Kerry RittichProfessor, Faculty of Law, Women andGender Studies Institute and theSchool of Public Policy and GovernanceUniversity of Toronto

The Honorable Nicholas John SherryLabor Senator of Tasmania, Australia

Leopold SpechtSpecht Rechtanwalt GmbHVienna, Austria

David TrubekSenior Research FellowProgram on the Legal ProfessionHarvard Law School;Voss-Bascom Professor of Law EmeritusUniversity of Wisconsin-Madison

Seminar: The European Legal Project:New ApproachesHarvard Law School, April 13, 2012The IGLP and IEE (CEU San Pablo University) held a joint seminar, “The European Legal Project: New Approaches” at Harvard Law School on April 13, 2012.

The seminar featured panels and round table discussions by scholars from the EU and US, and a keynote speech, “Constitutionalism as Pluralism: Europe’s Constitutional Experiment,” by Miguel Maduro, Professor of Law and Director of the Global Governance Program at European University Institute in Florence. Panels included:

EU Constitutional Experience in a Global PerspectiveGráinne de Búrca

Professor of EU Law, NYUDamian Chalmers

Professor of EU Law, LSEContemporary Trends in EU Regulation

Gareth DaviesProfessor of EU LawVU University Amsterdam

Dorota LeczykiewiczLeverhulme Trust Early Career FellowOxford University

Francesca BignamiProfessor of LawGeorge Washington University

Greece, the Euro Crisis, and Social EuropePhilomila Tsoukala

Associate Professor of LawGeorgetown University

Yiannis DrossosProfessor of Public LawAthens University Law School

Center and Periphery in European GovernanceDamjan Kukovec

Harvard Law SchoolFernanda Nicola

Associate Professor of LawAmerican University, Washington

Vlad PerjuAssociate Professor, Boston College

Commentators:Ermal Frasheri

Harvard Law SchoolUmut Özsu

University of Manitoba

Left to right: Dorota Leczykiewicz, Francesca Bignami, Fernanda Nicola, and Lilian Faulhaber participated in the European Legal Project: New Approaches seminar.

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Michael FakhriUniversity of Oregon

Matjaz NahtigalUniversity of Primorska

Lilian FaulhaberAssociate Professor of Law, Boston University

Round Table: Culture, History and MarketsDavid Kennedy

Professor of Law and Director of the IGLPHarvard Law School

José María BeneytoProfessor of Law and Director of the IEE, CEUSan Pablo University

Duncan KennedyProfessor of Law, Harvard Law School

Anna di RobilantAssociate Professor of Law, Boston University

Conference: The Next Left:Building New CommunitiesHarvard Law School, April 12-13, 2012The IGLP along with the Foundation for European

Progressive Studies (FEPS), the Renner Institut, and The Next Left Research Program hosted a conference on “The Next Left: Building New Communities.” This event focused on the contemporary state of social democratic politics and the potential for a progressive global agenda for the 21st century. Among those taking part in the discussion were Dr. Alfred Gusenbauer, the former Chancellor of Austria, Dr. Ricardo Lagos, the Former President of Chile, and a small delegation of researchers and experts from across Europe.

The aim of this meeting was to bring a select group of faculty, graduate students and policy makers into a conversation about the impact that the mobilizations of the past year have had on the world of politics, and how the policies and practices of the left can, and should, be changed as a result. In particular, what kinds of policies can express principles of social justice and build on these mobilizations to realize more progressive communities? What of the potential for left alternatives to the austerity policies in Europe and elsewhere? How should the left define the meaning of work in the face

Participants in “The European Legal Project: New Approaches.”

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of rapid transformations in technology and the global division of labor? What principles would govern this progressive global governance architecture? The event was organized by Professor David Kennedy, Director of IGLP, Harvard Law School, Professor Michael Kennedy, Brown University and co-founder of the Next Left in its transatlantic dimension, Dr. Ernst Stetter, FEPS Secretary General, and Mr. Karl Duffek, Director of Renner Institut. Presentations and discussion topics included:

Next Left: Building New CommunitiesAlfred Gusenbauer

Chair of the Next Left Research Program andformer Chancellor of Austria

David KennedyDirector of IGLPHarvard Law School

Michael KennedyProfessor, Watson Institute, Brown University

Dan DanielsenProfessor, Northeastern University Law School

The Next Progressive DealPaolo Guerreri

Professor of International EconomicsUniversity of Sapienza, Rome, Italy

Rémi BazillierAssistant Professor, Université d’Orlèans

Cornel BanDeputy Director ofDevelopment Studies ProgrammeWatson Institute, Brown University

Oscar LanderretcheDirector de la Escuela de Economía yNegocios y académico delDepartamento de Economía de laUniversidad de Chile

Fernanda NicolaAssociate Professor of LawAmerican University

Recognizing the Next Left inGlobal Policies and Movements

Sir Roger LiddleChair of Policy Network

As the IGLP Alumni network continues to expand, the IGLP will continue to provide new networking opportunities for its alumni.

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Yiannis DrossosProfessor, Athens Law School

Michael KennedyProfessor, Watson Institute, Brown University

Elizabeth TrujilloIGLP Visiting Scholar and Professor of LawSuffolk University Law School

Leopold SpechtPartner, Specht Rechtsanwalt GmbH

Moderator: Dr. Ernst StetterFEPS Secretary General

Recognizing the Next World of LabourGustav Horn

Director of Research Institute of Macroeconomy and conjuncture of theHans-Boeckler Foundation

Dimitris TsarouhasAssistant Professor, Bilkent University

Jose ItzigsohnAssociate ProfessorDepartment of SociologyBrown University

Juliet SchorProfessor of Sociology, Boston College

Next Left Values in Party and Electoral PoliticsPatrick Diamond

Research Fellow at Nuffield College Oxford andSenior Research Fellow at Policy Network

Ania SkrzypekSenior Research Fellow at FEPS

Gianpaolo BaiocchiAssociate Professor of International StudiesWatson Institute, Brown University

Vivien SchmidtJean Monnet Professor of European Integration;Director of the Center for International Relations;Director of the Center for the Study of Europe;Professor of International RelationsBoston University

Matthew BrowneVisiting Fellow at American Progress;former director of public affairs inAPCO Worldwide’s London Office;former director of Policy Network

Mobilizing the Next Left Across the Worlds of Parties, Policies, and Movements

Alfred GusenbauerChair of the Next Left Research Program andformer Chancellor of Austria

Participants at the Next Left: Building New Communities conference.

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Ricardo LagosFormer President of Chile

Michael KennedyWatson Institute, Brown University

Working Group: Pursuing Your Enemiesin the South: International Law and theWar against Crime and TerrorHarvard Law School, June 3-9, 2012IGLP contributor Arnulf Becker Lorca convened a working group focused on International Law and the War against Crime and Terror. The purpose of the workshop was to bring together a group of non-European, ‘semi-peripheral’ international lawyers and discuss the legality of the ‘wars against crime and terror.’ Each participant wrote an essay from his own specific geopolitical standpoint on the use of force against non‐state actors

and the challenges and problems that this type of armed conflict represents to the traditional public international law regime. During the workshop participants discussed their writing to prepare the essays for publication. Participants included:

Mohammad Taghi KaroubiUniversity of Tehran, Iran

AhmerBilalSoofiLahore University, Research Society forInternational Law, Pakistan

Nsongurua UdombanaUniversity of Uyo, Nigeria

Alejandro RodilesHumboldt University (Mexico)

Arnulf Becker LorcaWatson Institute, Brown University

IGLP: The WorkshopHarvard Law School, May 29-June 9, 2012From May 29 to June 9, 2012, The Institute for Global Law and Policy convened its third annual intensive residential program designed for doctoral and post-doctoral scholars and junior faculty. IGLP: The Workshop aims to promote innovative ideas and alternative approaches to issues of global law, economic policy, and social justice in the aftermath of the economic crisis.

The 2012 Workshop was funded through the generous support of Santander Universities and Sovereign Bank. With their support, we were able to bring more than 160 young scholars and faculty from more than 45 countries to Harvard for serious research collaboration and debate on issues of global law and economic policy. Over the course of the program, we convened over 95 Seminars and Discussion Panels led by renowned faculty members and guest speakers representing over 16 countries and 33 universities.

The 2012 Workshop was co-sponsored by the School of Oriental and African Studies, University of London, The Bernard and Audre Rapoport Center for Human Rights and Justice at the University of Student members of the IGLP in a lecture earlier this year.

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Texas, the University of Toronto School of Law Graduate Division, the Osgoode Hall Law Faculty, and the Sciences Po Law School in Paris, all of whom generously facilitated the participation of faculty and students in the Workshop.

The 2012 Workshop focused on deepening our understanding of heterodox traditions for understanding global political economy. The Workshop is designed to be a progressive experience that builds from one year to the next; its overall curriculum focuses on strengthening our work in specialized fields, and, more importantly, encourage cross-training with faculty and participants whose specialty is different from our own.

To build on the momentum of our first two Workshops, in 2012 we launched a new Docent Program, designed specifically for IGLP Alumni. Scholars appointed as an IGLP Docent assisted with the organization of a Workshop Stream, convened Writing Workshops

and/or Discussion Groups, and participated in the 2012 Colloquium. In 2012, IGLP: The Workshop was organized around eight Program Streams:

Global Law and Political Economy:Colonialism to Development

Conveners: Matt Craven and Sundhya Pahuja The Corporation in Global Society

Conveners: Dan Danielsen and Dennis DavisGlobal Science and Technology Studies

Convener: Sheila JasanoffInternational Economic Law and Regulations

Conveners: Andrew Lang, and Robert WaiInternational Legal History

Convener: Martti KoskeniemmiLaw and Economic Development

Conveners: Kerry Rittich and Chantal ThomasLegal Architecture of Monetary Integration

Conveners: Christine Desan and Roy Kreitner

Harvard Law School SJD candidate Nkatha Kabira gives feedback in a writing workshop at IGLP: The Workshop in June 2012.

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Private International Law as Global Governance:Beyond the Schism, from Closet to Planet

Conveners: Horatia Muir-Watt andDiego Fernandez Arroyo

Exploration of each Workshop Program Stream was led by a team of Senior Scholars who are interested in the intersections between law, economics and global policy. The Streams are designed to promote discussion of recent scholarly trends as well as classical texts. Our goal was to better understand the history and structure of our contemporary world political and economic system. The Streams sought to map modern money, finance, development, governance, regulation and social justice, opening them to contestation and debate.

Each afternoon, participants also broke into small Writing Workshops to share their own scholarship and discuss their own ongoing research. The writing workshops were organized to promote learning from others working on similar projects as well as cross training with projects quite different from one’s own. The smaller group format allowed participants to engage on a one-on-one basis with their peers and specialist faculty members to share ideas and receive feedback on their work.

As an extension of the core curriculum, also featured a regular program of Guest Speakers & Panel Discussions.

Our featured speaker series included presentations on:

The Future of Progressive PoliticsHelena Alviar

Universidad de los AndesAlfred Gusenbauer

Former Chancellor of AustriaGünter Frankenberg

Goethe-UniversityMushtaq Khan

SOAS, University of LondonLucie White

Harvard Law School

Panel Discussion on Immanuel KantMikhail Xifaras

Sciences Po Law SchoolDuncan Kennedy

Harvard Law SchoolMartti Koskenniemi

University of Helsinki

Left to right: Professor Helena Alviar, Dr. Günter Frankenberg, Dr. Alfred Gusenbauer, Professor Mushtaq Khan, and Professor Lucie White in a panel discussion on The Future of Progressive Politics at IGLP: The Workshop in June 2012.

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Panel Discussion on Self Critique, (Anti)politicsCriminalization and the Human Rights Movement

Dennis DavisJudge of the High CourtCape Town, South Africa

Karen EngleSchool of Law, University of Texas at Austin

Vasuki NesiahNew York University

Nkatha KabiraS.J.D. Candidate, Harvard Law School

Panel Discussion on Sovereign DebtChristine Desan

Harvard Law SchoolJeffrey Frankel

Harvard Kennedy SchoolRichard Parker

Harvard Kennedy SchoolHans-Helmut Kotz

Minda de Gunzburg Center forEuropean Studies at Harvard University

In 2012 the IGLP inaugurated a new Colloquium, this year held in advance of the IGLP Workshop, from May 29-June 2, 2012. The Colloquium, which in 2012 focused on the theme of the political economy of the modern global order, is designed for IGLP Faculty, invited participants, and IGLP Docents. It was organized in three components: “mini courses,” reading group discussions, and roundtable discussions. The 2012 IGLP Colloquium focused on six topics:

Capital Dynamics of the Euro CrisisJeffrey Frankel

Harvard Kennedy School

World Systems/Capital StructuresProfessor David Harvey

City University of New York

Post-Colonial and Center-Periphery Structures ofWorld Political Economy

Ritu BirlaUniversity of Toronto

Gyan PrakashPrinceton University

Vasuki NesiahNew York University

Pheng CheahUniversity of California Berkeley

Heterodox Thinking inDevelopment Economics Today

Mushtaq KhanSOAS, University of London

Science and Technology StudiesSheila Jasanoff

Harvard Kennedy School

Causes and Consequences of Increasing InequalityPeter Skott

University of Massachusetts, Amherst

This year we also hosted Pro-Seminars, which are Professor David Harvey led a discussion on World Systems/Capital Structures at IGLP: The Colloquium.

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designed for small groups of scholars collaborating to develop new scholarly writing. Each Pro-Seminar convened between ten and fourteen active scholars, half selected by invitation, and half by application who are all working on a common topic. Each of the Pro-Seminars were led by members of the Workshop’s Core Faculty and met in four two-hour private sessions during the broader Workshop to advance their work toward publication. In 2012 we offered the Pro-Seminar Global Poverty and Heterodox Development Pathways: Mapping, Method and Critique, which was convened by Harvard Law School Professor Lucie White. Two Pro-Seminars held preliminary meetings in preparation for the 2013 IGLP Workshop: Globalization of Law and Legal Thought (1970-Present) and Law, Economic (In)equality, and Global Social Movements. The Workshop was directed by IGLP Faculty Director David Kennedy of Harvard Law School. The Core Faculty for the Workshop included:

Professor David KennedyDirector of The Institute for Global Law and PolicyManley O. Hudson Professor of LawHarvard Law School

Helena AlviarDean of The Faculty of Law, Universidad de los Andes

Dan BrinksAssociate ProfessorDepartment of GovernmentUniversity of Texas

Arnulf Becker LorcaVisiting ProfessorBrown University

Matthew CravenDean of Faculty of Law & Social Sciences,Professor of International Law & Director,Centre for the Study of Colonialism,Empire & International Law,SOAS, University of London

Dan DanielsenProfessor of Law, Northeastern University

Diego Fernandez ArroyoProfessor of Law, Sciences Po Law School

Dennis DavisJudge On the High Court of Cape Town, South Africa

Günter FrankenbergProfessor of Public Law, Philosophy and LawGoethe University

Christine DesanProfessor of Law and Co-ChairProgram on the Study of CapitalismHarvard Law School

Janet HalleyRoyall Professor of Law, Harvard Law School

Karen EngleMinerva House Drysdale Regents Chair in Law & Co-Director, Bernard and Audre Rapoport Center for Human Rights & JusticeUniversity of Texas Law School

Sheila JasanoffPforzheimer Professor ofScience & Technology StudiesHarvard Kennedy School

Roy KreitnerProfessor of Law, Faculty of Law, Tel Aviv University

Jorge EsquirolProfessor of Law & Director of International andComparative Law ProgramsFlorida International University

Professor Mushtaq Khan led a course on Heterodox Thinking in Development Economics Today at IGLP: The Colloquium.

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Martti KoskenniemiProfessor of International Law andDirector, Erik Castrén Institute ofInternational Law and Human RightsUniversity of Helsinki

Kerry RittichAssociate Professor, Faculty of Law and theWomen and Gender Studies InstituteUniversity of Toronto

Andrew LangSenior Lecturer in LawLondon School of Economics

Alvaro SantosAssociate Professor of LawGeorgetown University

Horatia Muir-WattProfessor of Law, SciencesPo Law School

Hani SayedAssistant Professor of Law and MemberInstitute for Gender and Women’s StudiesAmerican University in Cairo

Vasuki NesiahAssociate Professor of PracticeGallatin School of Individualized StudyNew York University

Leopold SpechtPartner, Specht Rechtsanwalt GmbH, Vienna

Sundhya PahujaDirector, Law and Development Research ProgrammeInstitute for International Law and the HumanitiesMelbourne Law School

Chantal ThomasProfessor of Law, Cornell Law School

Robert WaiProfessor of Law, Osgoode Hall Law School

Mikhail XifarasProfessor of Public Law, Sciences Po Law School & Visiting Professor of Law, Harvard Law School

Lucie WhiteLouis A. Horvitz Professor of LawHarvard Law School

The Workshop was structured as a platform for the exchange of ideas on an international scale. Conversations and discussions that began in the lecture room often carried over into the dining halls, dorm rooms, and informal participant created groups. The Institute encouraged participants to see the Workshop as a first step in creating a global community for scholar debate among the next generation of scholars working to innovate on issues of global law and policy. To facilitate the continuation of this unique global conversation the IGLP will launch a grants program for IGLP alumni to build on projects born at the Workshop. Additionally, we have encouraged all workshop faculty and participants

Professor Chris Desan (center) works closely with students in a writing workshop at IGLP: The Workshop.

Professor Andrew Lang (left) at IGLP: The Workshop.

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to share their research and writing, their course syllabi, and information about other events of interest on the Institute’s website, www.iglp.law.harvard.edu. We hope this page becomes the premier site for scholars interested in the latest thinking and newest ideas about issues of global policy.

Lectures and Presentations byProfessor David KennedyProfessor David Kennedy, IGLP Director, participated in a number of conferences and seminars this past year, giving lectures or serving as a panelist in many of them. In 2011‐2012, these included:

Spring 2011Panel Discussion on Human Rights,UK Foreign Policy and International Affairs

on the television program Question Time International,Moderated by BBC presenter Zeinab Badawi,at the School of Oriental and African StudiesUniversity of LondonJanuary 11, 2011

PanelRemarksonConfidentialityorTransparency:The Wikileaks Dilemma

at the Annual Meeting of the World Economic ForumDavos‐Klosters, SwitzerlandJanuary 26, 2011

Foundations of American Legal Thoughtpresented at Sciences Po Law SchoolParis, FranceFebruary 4‐5, 2011

GlobalRegulationAndGovernance:What Harvard Law School Is Doing In The Area

presented at the Harvard Law SchoolAssociation of GermanyFrankfurt, GermanyMarch 26, 2011

Global Risk Managementpresented at the World Economic Forum’sGlobal Risks MeetingNew York, NYApril 7, 2011

International Law and Politics of Expertisepresented at the University of Colorado Law SchoolApril 15, 2011

Global Governance and Economic Developmentpresented at World Economic ForumTackling Global Challenges through International Lawheld at the Fletcher School of Law and DiplomacyApril 29, 2011

Panel Remarks on Indigenous Rights andInternational Law

presented at the University of Texas School of LawMay 6, 2011.

Panel Remarks on Anti Corruption Efforts and the Un Convention Against Corruption

presented at the International Workshop on theDevelopment of Academic Anti‐CorruptionNortheastern UniversityMay 23, 2011.

Some Caution About Property Rights as aRecipe for Economic Development

presented at the World BankWashington D.C.May 26, 2011

Managing International Currency Risk in theEuro Zone

presented at a World Economic Forum at theCenter for European PolicyBrussels, BelgiumJune 30, 2011

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The American Approach To Global Law And Policypresented at the Centro de Estudios GarriguesInternational Business Law ProgramMadrid, SpainJuly, 12, 2011

DisasterRecovery:LessonsforRiskManagementpresented at the Pricewaterhouse CoopersGlobal Seminar Towards a Future for JapanTokyo, JapanJuly 26, 2011

Fall 2011The Rise of Asia…or of Political Economy?

presented at the conference, Asia in the Next Decade hosted by the Saranrom Institute of Foreign Affairs Foundation and Chulalongkorn UniversityBangkok, ThailandAugust 24, 2011

BustingBribery:SustainingtheGlobalMomentumof the Foreign Corrupt Practices Act

remarks on a report prepared for theOpen Society Institute, Congressional BriefingWashington, DCSeptember 15, 2011

AmericanLegalThought:AHistoricalSurveylectures presented at the Garrigues Law FirmBarcelona and Madrid, SpainSeptember 22-23, 2011

Panel Remarks on Development Strategies forEconomies in Transition at the session on“The Economics of Transition”

presented at the World Economic ForumSpecial Meeting on Economic Growth andJob Creation in the Arab WorldDead Sea, JordanOctober 23, 2011

Professor David Kennedy with Professor Ritu Birla (University of Toronto) at IGLP: The Colloquium.

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Opening Remarks for the panel“Insights on the Future of Libya”

presented at the World Economic ForumSpecial Meeting on Economic Growth andJob Creation in the Arab WorldDead Sea, JordanOctober 23, 2011

PanelRemarksonHumanitarianSpace:Less Geography than Strategy andHumanitarianCompromise:ADebate

presented at the 13th annual Humanitarian Congress: Theory and Praxis of Humanitarian AssistanceBerlin, GermanyOctober 27-28, 2011

Global Governance and Political Economypresented as part of the Gallatin Human RightsInitiative and the Gallatin Distinguished FacultyLecture SeriesNew University, New York, NYNovember 10, 2011

Professor David Kennedy participating in the “Global Liquidity and Capital as Legal Insttutions” workshop.

Panel Remarks at the Launching of the DesignExchangeChair’sForum-OccupiedEconomies

presented at the Design CenterToronto, OntarioNovember 18, 2011

Remarks on Emerging Market Investment atPricewaterhouse Coopers, LLC conference

Boston, MADecember 14, 2011

Spring 2012Panel Remarks at the Welsh Center forInternational Affairs

presented at the Temple of PeaceCardiff, United KingdomJanuary 16, 2012

Panel Discussion at the ContemporaryInternational Law Workshop at the Ph.D. Seminar

The University of CambridgeLauterpacht Center for International LawJanuary 18, 2012

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International Law and the Center-Periphery Dynamicpresented at the International Law and thePeriphery Conference

Cairo, EgyptFebruary 19, 2012

On Property Rights and Developmentpresented at the University of Texas School of LawConference on Property Rights and theHuman Rights AgendaMarch 1, 2012

Humanitarianism and Human RightsBorders,Connections,Conflicts

presented at the Remarque InstituteNew York University, New York, NYMarch 9, 2012

Political Economy & Center-PeripheryDynamics in International Law

presented at the International GraduateLegal Research ConferenceKing’s College LondonApril 19, 2012

International Law and the Political Economy ofCenters and Peripheries

presented at Sciences Po Law SchoolParis, FranceMay 10, 2012

Participants in IGLP: The Colloquium, May 29-June 2, 2012.

Events

INSTITUTE FOR GLOBAL LAW & POLICYHARVARD LAW SCHOOL

CAMBRIDGE, MA 02138 | WWW.IGLP.LAW.HARVARD.EDU

2011-12 annual reportevent, open to all iglp alumni and faculty that will provide a chance for...

Documents