ICON S Conference 17 – 19 June 2016 Humboldt University Berlin
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Berlin Berlin 2016 ICON S CONFERENCE 17 – 19 JUNE 2016 HUMBOLDT UNIVERSITY BERLIN We extend a warm welcome to all participants in the 2016 Annual Meeting of ICON S, the International Society of Public Law. This will be our largest Annual Meeting since the foundation of the Society in 2013. The panels, roundtables and plenary events address the Conference’s overarching theme of “Borders, Otherness and Public Law” and other topics at the heart of contemporary public law inquiry. We are grateful to our Berlin hosts for their relentless hard work and creativity in putting together such a mega-sized event, and we thank our sponsors for their generous support. Most of all, we thank you, the ICON S members, for your overwhelmingly positive response to the call for papers this year, and for volunteering your time and energy to promote the success of the Society and its annual conference. Together, we have created what we believe is a first-rate, intellectually appealing program featuring scholars, jurists and policy makers from various disciplines and from literally four corners of the world. We hope that you enjoy it thoroughly! Gráinne de Búrca ( New York University ) and Ran Hirschl ( University of Toronto ) Co-Presidents, ICON S, the International Society of Public Law S Conference ICON WElcomE statEMEnts 1 I WELcoME STATEMENTS 1 II ICON S INAUGURAL GOVERNANCE 3 III SCHEDULE 4 IV MAP OF CONFERENCE VENUES 6 V PLENARY EVENTS 7 VI CONCURRING PANELS 15 a OVERVIEW 16 b PANEls SEssion I 26 c PANEls SEssion II 43 D PANEls SEssion III 77 E PANEls SEssion IV 110 F PANEls SEssion V 143 VII ICON S WP CONFERENCE ProcEEDINGS SERIES 179 VIII SERVICE 180 IX PARTICIPANTS 190 ICON S CONFERENCE 17 – 19 JUNE 2016 HUMBOLDT UNIVERSITY BERLIN We extend a warm welcome to all participants in the 2016 Annual Meeting of ICON S, the International Society of Public Law. This will be our largest Annual Meeting since the foundation of the Society in 2013. The panels, roundtables and plenary events address the Conference’s overarching theme of “Borders, Otherness and Public Law” and other topics at the heart of contemporary public law inquiry. We are grateful to our Berlin hosts for their relentless hard work and creativity in putting together such a mega-sized event, and we thank our sponsors for their generous support. Most of all, we thank you, the ICON S members, for your overwhelmingly positive response to the call for papers this year, and for volunteering your time and energy to promote the success of the Society and its annual conference. Together, we have created what we believe is a first-rate, intellectually appealing program featuring scholars, jurists and policy makers from various disciplines and from literally four corners of the world. We hope that you enjoy it thoroughly! Gráinne de Búrca ( New York University ) and Ran Hirschl ( University of Toronto ) Co-Presidents, ICON S, the International Society of Public Law WElcomE statEMEnts 1 It is not only a pleasure and honor to organize this year’s ICON S Conference. It also seems deeply historically appropriate to have it take place in Berlin. In a time of great challenges that deeply implicate public law, there is hardly a better city for one to become aware of the deep connections between law and politics and the complexities and frailties of constitutional progress. Berlin was a relatively liberal Prussian rule of law oriented place, where Voltaire sought refuge as a guest of Frederick the Great in the 18 th century. It is also the place where the idea of a liberal constitutional democracy in a unified Germany was buried after the failed constitutional revolution of 1848. When German unity was finally achieved in 1871 and Berlin became the capi- tal of the new German nation-state, this was brought about by conservative, industrialist and nationalist political forces that had little connection to the constitutionalist tradition, even though it was a time of innovative develop- ment for public law as a discipline. After the disaster of World War I, Berlin became the center of avant- garde art, theatre, cinema and literature in the Weimar Republic – the vibrant capital of a frail liberal constitutional democracy, whose mainstream parties would be derided as “system-parties” by the radical right and the radical left and no longer commanded a majority by the early 1930s. Even though the Nazis never won electoral majorities in Berlin, the city became the heart of darkness for twelve years, the center of an evil empire that orchestrated a global war and moved genocidal annihilation to an unprecedented industrial scale. After that nightmare which also led to the destruction of significant parts of the city, Berlin started a new troubled life as ground zero in the Cold War – the nation divided between East and West, with a wall eventually run- ning right through the city. Today Berlin combines a sophisticated culture of commemoration with youthful appeal. It provides a distinctively German interpretation of what it means to be a cosmopolitan European. It remains uncouth and unfinished, so very unlike Paris. And unlike London, New York, Singapore or Hong Kong, it lacks the presence of a globalized bourgeoisie. But it provides Germans, Europeans and other citizens of the world with an unrivalled context for reflections on depravity, tragedy, redemption and the possibility of progress. Mattias Kumm ( WZB Berlin Social Science Center / Humboldt University Berlin / New York University ) Local host WElcomE statEMEnts 2 ICON S Inaugural GovERNANCE The Inaugural Executive Committee The Inaugural Society’s Council De Búrca, Gráinne (Co-President) Albert, Richard Hirschl, Ran (Co-President) Amato, Giuliano Casini, Lorenzo (Secretary General) Auby, Jean-Bernard Cassese, Sabino (Honorary President) Baer, Susanne Golden, Claudia (Treasurer) Barnes, Javier Choudhry, Sujit Benvenisti, Eyal Jia, Bing Bing Boisson de Chazournes, Laurence Mancini, Susanna Bonilla Maldonado, Daniel Eduardo Okowa, Phoebe Cameron, David Rosenfeld, Michel Cartabia, Marta Rubio-Marín, Ruth Chang, Wen-Chen Ruiz Fabri, Hélène Cohen-Eliya, Moshe van Aaken, Anne Craig, Paul Weiler, Joseph H. H. D’Alberti, Marco Davies, Anne De Wet, Erika Díez-Picazo, Luis Elkins, Zachary Ferreres Comella, Víctor Gaeta, Paola Ginsburg, Tom Gonod, Pascale Jacobsohn, Gary J. Kingsbury, Benedict Koenig, Matthias Krisch, Nico Kumm, Mattias Loughlin, Martin Lübbe-Wolff, Gertrude Maduro, Miguel Poiares Malaret i Garcia, Elisenda Mehta, Pratap Bhanu Micklitz, Hans-Wolfgang Möllers, Christoph Napolitano, Giulio Peters, Anne Ponthoreau, Marie-Claire Ruffert, Matthias Sadurski, Wojciech Shany, Yuval Sieder, Rachel Siegel, Reva Smith, Rogers Stewart, Richard B. Tomkins, Adam Torchia, Luisa Uitz, Renáta von Bogdandy, Armin ICON S 3 schEDULE Friday 17 JUNe 2016 9:00 am 10:00 am 11:00 am REGISTRATION & COFFEE 11:30 am – 1:00 pm 12:00 am → UL6 Audimax 1:00 pm OPENING REMArks 1:00 – 1:15 pm → UL6 Audimax KEYNOTE 1:15 – 2:30 pm 2:00 pm → UL6 Audimax Coffee Break 30 min → Foyer Audimax 3:00 pm PLENARY SEssion I MIGRATION AND MOVEMENT 3:00 – 4:30 pm 4:00 pm → UL6 Audimax Coffee Break 45 min → Foyer Audimax 5:00 pm PANELS SEssion I 1 – 15 5:15 – 7:00 pm 6:00 pm → UL6: 2070A, 2103, 2249a, 3071, 3119, 2093 + UL9: E25, 210, 213, E14, E42 + BE2: E44/46, 140/142, 144 7:00 pm Cocktail Reception 90 min → BE2 Foyer 8:00 pm 9:00 pm schEDULE 4 Saturday 18 JUNe 2016 Sunday 19 JUNe 2016 PANELS SEssion II 16 – 42 PANELS SEssion V 98 – 126 9:00 – 10:45 am 9:00 – 10:45 am → all rooms BE2, UL9, UL6, DOR24 → all rooms BE2, UL9, UL6, DOR24 Coffee Break 45 min → BE2 Foyer Coffee Break 45 min → Foyer Audimax → DOR24 Foyer PANELS SEssion III 43 – 69 PLENARY SEssion III 11:30 am – 1:15 pm JUDICIAL INTERVIEW AND DIALogUE 11:30 am – 1:00 pm → all rooms BE2, UL9, UL6, DOR24 → UL6 Audimax AWARD CEREMONY AND FAREWELL Lunch Break 90 min → Law Faculty 1:00 – 1:15 pm BE2 Foyer + UL9 E25 → UL6 Audimax PLENARY SEssion II INEQUALITIES 2:45 – 4:15 pm → UL6 Audimax Coffee Break 45 min → BE2 Foyer → DOR24 Foyer PANELS SEssion IV 70 – 97 5:00 – 6:45 pm → all rooms BE2, UL9, UL6, DOR24 schEDULE 5 MAP VENUES Main Building Unter den Linden 6 UL6 Law Faculty Unter den Linden 9 UL9 Bebelplatz 2 BE2 Seminar Building Dorotheenstraße 24 DOR24 R Registration Alexanderplatz → ← Hauptbahnhof Friedrichstraße S U SXF DOR24 Georgenstraße Friedrichstraße Dorotheenstraße R Universitätsstraße Dorotheenstraße UL6 Staatsoper TXL Unter den Linden UL9 BE2 Markgrafenstraße N Hausvogteiplatz 300 m 100 m 200 m U2 MAP 6 PLENARYEVENTS PLENARY EVEnts 7 FRIDAY 17 JUNE 2016 → UL6 AUDIMAX 1:00 pm OPENING REMArks Ran Hirschl Mattias Kumm University of Toronto WZB Berlin Social Science Center, Ran Hirschl is the Co-President Humboldt University Berlin, of the International Society of New York University Public Law ( ICON S ) and Pro- fessor of Political Science and Mattias Kumm is Professor for Law at the University of Toronto, “Global Public Law” at the WZB where he holds the Canada Re- Berlin Social Science Center, search Chair in Constitutional- where he directs the WZB Cen- ism, Democracy and Development. His research fo- ter for Global Constitutionalism, as well as Professor for cuses on comparative public law, constitutional and “Rule of Law in the Age of Globalization” at Humboldt judicial politics, and comparative legal traditions and University Berlin. He is also the Inge Rennert Professor institutions more generally. He is the author of Towards of Law at the New York University School of Law, where Juristocracy (Harvard), Constitutional Theocracy (Har- he teaches every fall. vard) and Comparative Matters (Oxford), as well as over eighty articles and book chapter on comparative constitutional law and politics.