2 3 Contents

6-7 WELCOME I STATEMENTS

8-10 II SCHEDULE 11-20 PLENARY III EVENTS CONCURRING IV PANELS Panel Sessions I 22-38 Panel Sessions II 39-55 Panel Sessions III 56-71 Panel Sessions IV 72-87 Panel Sessions V 88-103 Panel Sessions VI 104-120 Panel Sessions VII 121-137 138-139 V GOVERNANCE

140-141 VI SERVICES 142-143 MAP OF CONFERENCE VII VENUES 144-149 VIII PARTICIPANTS I WELCOME STATEMENTS

Conference 01 – 03 July 2019 Pontificia Universidad Católica de Chile

e warmly welcome all of the participants in the 2019 Annual Conference of ICON-S, the International Society of Public Law. This year’s meeting will be our first to take place in South America, after Asia, Europe, and North America. And, on this occasion, we are proud that here in Santiago we will have our first bilingual conference, with part of the concurrent panels held in Spanish. The Society and its chapters are increasingly growing worldwide and this strengthens our efforts to make ICON-S a welcoming place for the interdisciplinary, intergenerational and genuinely global study of public law. This latter is facing crucial challenges, which every day call scholars for further commitment, research and education. This is why our Conference’s overarching theme this year will be “Public Law in times of Change?”, with parallel panels and plenary events dealing with topics at the heart of contemporary public law inquiry. We are grateful to our Chilean hosts for their extraordinary hard work and dedication in putting together such a gigantic event, in every single detail, including child care service for our members; and we thank our sponsors for their generous support. Most of all, we very much thank you, the ICON-S’ members, for your constant overwhelmingly enthusiastic response to the calls for panels and papers over these years: you are the key of the success of our Society and of its annual conferences. We are delighted to present here a terrific and intellectually (and physically…) challenging program, featuring scholars from different social sciences and from all parts of the world. And we are proud to confirm this year two events, which are particularly important for the Society’s mission and community: the Women’s reception and the ICON-S Workshop. We wish all of you a wonderful journey into the change(s) of public law!

Lorenzo Casini Rosalind Dixon IMT School for Advanced Studies of Lucca University of New South Wales Sidney

Co-Presidents, ICON-S, the International Society of Public Law

Welcome Statements 6 he ICON-S Conference has become the main academic event of the year in Public Law. It is more than an academic conference. It is also the meeting of a vibrant community of scholars, interested in rigorous and open discussion of ideas. For the Faculty of Law of the Pontifical Catholic University of Chile it is a privilege to be hosting this year’s Conference, held for the first time in the Southern Hemisphere.

In more than 130 years since its foundation, our Faculty has fashioned a strong commitment to public service. The two largest political parties in the transition (one center right, one center left) were born as student movements in the halls of our Faculty. Among our alumni we count a president, six of the ten justices currently sitting in the Constitutional Court, several judges of the Supreme Court, many senators, deputies, scholars, civil servants, diplomats, and even a canonized saint!

As we start a new phase in the life of our Faculty, one of the most distinguished in Latin America, we want to continue serving. The world is changing. Political debate becomes more intense, while globalization introduces new social and ethical challenges. Technological advancements open new paths for thought and research. At our Faculty of Law we believe that universities need to offer now more than ever a space for profound academic discussion, illuminating the quest for achieving the common good in this context of change.

Public law is at the center of this quest, and must boldly look towards the future. Under the subject “Public Law in Times of Change”, the 2019 ICON-S Conference constitutes today an unparalleled forum for scholarly engagement at the highest level, and we are extremely grateful to all members of ICON-S for allowing us to be a part of it. Thank you, and welcome to the Faculty of Law of the Pontifical Catholic University of Chile!

Gabriel Bocksang Dean of Faculty of Law Pontificia Catholic University of Chile Local Host

Welcome Statements 7 II Monday 01 July 2019 SCHEDULE

Registration 11.00 – 12.00 Plaza Central, Extension Center

Opening Remarks 12.00 – 12.30 Auditorio Fresno, Extension Center

Keynote Address 12.30 – 13.20 Auditorio Fresno, Extension Center

Coffee Break 13.20 – 13.45 Plaza Central, Extension Center

Panel Sessions I 13.45 – 15.20 Sessions 1 - 31

Panel Sessions II 15.25 – 17.00 Sessions 32 - 62

Plenary Panel I 17.05 – 18.35 Judiciary in Times of Change? Auditorio Fresno, Extension Center

Opening Reception 18.35 – 19.35 Plaza Central, Extension Center

Schedule 8 Tuesday 02 July 2019

Panel Sessions III 08.20 – 9.55 Sessions 63 - 92

Coffee Break 10.00 – 10.30 Patio de Derecho

Panel Sessions IV 10.30 – 12.05 Sessions 93 - 121

Lunch Break 12.10 – 13.30 Plaza Central, Extension Center

ICON·S Workshop 13.40 – 14.40 J.H.H. Weiler - “A Research and Publication Strategy for a Successful Academic Career (including How Does Peer Reviewing Really Work Or Not Work)” Auditorio Fresno, Extension Center

Plenary Panel II 14.50 – 16.20 Crisis or Resurgence of the State? Auditorio Fresno, Extension Center

16.20 – 16.40 Coffee Break Plaza Central, Extension Center

Panel Sessions V 16.50 – 18.25 Sessions 122 - 151

Women's Reception 18.30 – 19.30 Hosted by Rosalind Dixon and welcome from Justice Gloria Stella Ortíz (President Colombian Constitutional Court) Aquiles Portaluppi

Schedule 9 Wednesday 03 July 2019

Panel Sessions VI 08.20 – 09.55 Sessions 152 - 182

Coffee Break 10.00 – 10.30 Patio de Derecho

Panel Sessions VII 10.30 – 12.05 Sessions 183 - 213

Snack Break 12.10 – 12.40 Plaza Central, Extension Center

Plenary Panel III 12.40 – 14.10 Public Law, Democratic Backsliding and the Erosion of Liberal Democracy Auditorio Fresno, Extension Center

Closing Remarks 14.20 – 15.00 Auditorio Fresno, Extension Center

Schedule 10 III Plenary Events

11 Monday Opening 12.00 – 13.20 Panel

Rosalind Dixon Marisol Peña Professor, University of New South Wales Secretary General, P. Universidad Co-President, ICON·S Católica de Chile Former Chief Justice, Chilean Rosalind Dixon is a Professor of Law Constitutional Tribunal at UNSW Sydney, Director of the Gilbert + Tobin Centre of Public Law, Marisol Peña, professor at Faculty of and Co-President of ICON-S. She Law, Pontificia Universidad Católica previously served as an assistant de Chile, teaches Constitutional professor at the University of Law and International Public Law. Chicago Law School, and has been a She was a justice of the Constitutional Court of Chile from visiting professor at the University of Chicago, Columbia 2006 until 2018, and served as the former Chief Justice Law School, Harvard Law School and the National of the Chilean Constitutional Court from 2013 to 2014. University of Singapore. Her work focuses on comparative She is the only woman to have served in that role. Peña is constitutional law and constitutional design, constitutional a member of the Chilean Academy of Social, Political, and democracy, theories of constitutional dialogue and Moral Sciences. She graduated summa cum laude from amendment, socio-economic rights and constitutional law Pontificia Universidad Católica de Chile, and obtained an and gender. She is co-editor, with Tom Ginsburg, of a leading LLM on International Studies from Universidad de Chile. handbook, Comparative Constitutional Law (Edward Elgar, She is the author of several writings on public law. She is 2011) and related volumes on Comparative Constitutional currently the Secretary General of Pontificia Universidad Law in Asia (Edward Elgar, 2014), co-editor (with Mark Católica de Chile. Tushnet and Susan Rose-Ackermann) of the Edward Elgar series on Constitutional and Administrative Law, and editor of the Constitutions of the World series for Hart publishing.

Plenary Events 12 Keynote Address: Technological Revolution, Democratic Recession and Global Warming: The Limits of Law in a Changing World

Luís Roberto Barroso Chair Justice, Supreme Federal Court of Brazil Francisco Urbina Associate Professor, Luís Roberto Barroso, professor at P. Universidad Católica de Chile the Faculty of Law, Universidade do Estado de Rio de Janeiro (UERJ) and Francisco Javier Urbina, associate visiting professor at Universidade professor at the Faculty of Law of de Brasilia, earned an LL.B. from Pontificia Universidad Católica Universidade do Estado de Rio de de Chile, where he earned his LLB Janeiro and obtained an LLM from summa cum laude in 2007. He was Yale Law School. He received an SJD from Universidade chosen one of the 100 leaders do Estado do Rio de Janeiro and pursued post-doctoral under 35 by newspaper El Mercurio, before obtaining an research at Harvard Law School as a visiting scholar. He M.St. and a D.Phil. in Law from the University of Oxford. is a Senior Fellow at the Harvard Kennedy School. Since His work is in Constitutional Law, Constitutional Theory, 2013 has served as Justice at the Supreme Court of and Human Rights, focusing specially in human rights Brazil. His work focuses on constitutional law, particularly limitations. His work has been published in journals such constitutional theory and interpretation. Barroso has as the Oxford Journal of Legal Studies, the American Journal published extensively in Brazil, Latin America and of Jurisprudence, and the Canadian Journal of Law and Europe. His most recent article published in English was Jurisprudence. He is the author of A Critique of Proportionality “Countermajoritarian, Representative, and Enlightened: and Balancing (Cambridge University Press, 2017) and co- The roles of Constitutional Courts in Democracies” author of Legislated Rights: Securing Human Rights through (American Journal of Comparative Law, forthcoming, 2019). Legislation (Cambridge University Press, 2018). His most recent books are A Judicialização da Vida e o Papel do Supremo Tribunal Federal (Editora Forum, 2017) and A República que ainda não foi (Editora Forum, 2018).

Plenary Events 13 Monday Plenary Session I 17.00 – 18.30 Judiciary in Times of Change?

Luis María Díez-Picazo Kate O’Regan Justice, Supreme Tribunal of Spain Former Justice, Constitutional Court of South Africa Luis María Díez-Picazo, professor Director, Bonavero Institute of Human at the Faculty of Law, Universidad Rights, University of Oxford de Málaga and Universidad Castilla- La Mancha. He earned his Ph.D. Kate O’Regan, is the inaugural from the University of Bologna. Director of the Bonavero Institute Díez-Picazo has been a justice in of Human Rights at the University the Supreme Tribunal of Spain since of Oxford and a former judge of the 2008 and has served as President South African Constitutional Court (1994 – 2009). Since of the Third Chamber on Administrative Law since 2015. her fifteen-year term at the South African Constitutional He has written several books, among which: Sistema de Court ended in 2009, she has amongst other things, Derechos Fundamentales (Editorial Civitas, 4th ed., 2014), served as an ad hoc judge of the Supreme Court of Namibia La naturaleza de la Unión Europea (Editorial Civitas, 2009) (2010 - 2016), Chairperson of the Khayelitsha Commission and Constitucionalismo de la Unión Europea (Editorial of Inquiry into allegations of police inefficiency and a Civitas, 2002). He was Distinguished Visiting Scholar at the breakdown in trust between the police and the community Georgetown Law Center and has been visiting professor at of Khayelitsha (2012 – 2014), and as a member of the Indiana University Law School, Institut d'Etudes Politiques boards or advisory bodies of many NGOs working in the de Paris, Université de Paris II (Panthéon-Assas), Université fields of democracy, the rule of law, human rights and de Bordeaux IV, among others. equality.

Plenary Events 14 Juan José Romero Chair Justice, Chilean Constitutional Gráinne de Búrca Tribunal Professor, New York University School Associate Professor, P. Universidad of Law Católica de Chile Honorary President, ICON·S

Gráinne de Búrca is Florence Juan José Romero, professor Ellinwood Allen professor at NYU at Faculty of Law, Pontificia law school. She is Director of the Universidad Católica de Chile. He Hauser Global Law School, and Co- serves as justice of the Chilean Director of the Jean Monnet Center Constitutional Tribunal since 2013. Romero received for International and Regional Economic Law and Justice. his LL.B. from Pontificia Universidad Católica de Chile, a She is a corresponding fellow of the British Academy, Master of Science in Regulation from The London School of and co-editor-in-chief of the International Journal Economics and Political Science, University of London, and of Constitutional law. She was previously professor a PhD from Universidad de Salamanca. He was a member at Harvard Law School, Fordham Law School and the of the European Commission for Democracy through Law European University Institute. She writes on questions of (Venice Commission) and president of the Sub-Comission EU constitutional law and governance, anti-discrimination for Latin America of the same organization (2013-2017). law, international human rights, and transnational His work focuses on constitutional law and economic governance. She is co-editor of the Oxford University Press regulation. series Oxford Studies in European Law, and co-author with Paul Craig of the OUP textbook: EU Law.

Plenary Events 15 Tuesday Plenary Session II 14.50 – 16.20 Crisis or Resurgence of the State?

Helena Alviar Professor Armin von Bogdandy Full Professor, Universidad de Los Andes, Director, Max Planck Institute for Com- Colombia parative Public Law and International Visiting Professor, Harvard University Law Professor, Goethe University Frankfurt Helena Alviar, full professor at Faculty of Law, Universidad de los Armin von Bogdandy is the director Andes, Colombia, where she was of the Max Planck Institute for Dean from 2011 until 2016. She Comparative Public Law and graduated from Universidad de International Law in Heidelberg and los Andes, and earned an LLM and a PhD from Harvard Professor for Public Law at the University in Frankfurt/ University. Alviar is a founding member of the Center Main. He graduated in law and philosophy before obtaining of Studies of Law, Justice and Society. She has also been a Ph.D. in Freiburg (1988) and qualifying as a professor a visiting professor at Universidad Pontificia Javeriana at the FU Berlin (1996). He has been President of the de Colombia, Universidad Puerto Rico and Harvard OECD Nuclear Energy Tribunal as well as a member of University. She is the author or coautor of several books the German Science Council (Wissenschaftsrat) and the and publications, among which El Estado Regulador en Scientific Committee of the European Union Agency for Colombia (Ediciones Universidad de los Andes, 2016), with Fundamental Rights. He has held visiting positions at Catalina Villegas, and Feminismo y Crítica Jurídica: El Análisis the New York University School of Law, the European Distributivo como Alternativa Crítica al Feminismo Liberal University Institute, the Xiamen Academy of International (Ediciones Universidad de los Andes, 2012). Law, and the Universidad Nacional Autónoma de México, among others. He is the recipient of the Leibniz Prize (2014), the Premio Internacional “Hector Fix Zamudio” (2015), the “Mazo” (gavel) of the Interamerican Court of Human Rights (2015), and the prize for outstanding scientific achievements in the field of legal and economic foundations by the Berlin-Brandenburg Academy of Sciences (2008).

16 Plenary Events Beth Simmons Chair Professor, University of Pennsylvania Gabriel Bocksang Beth Simmons is Andrea Mitchell Dean, P. Universidad Católica de Chile Penn Integrates Knowledge University Professor of Law, Political Gabriel Bocksang, professor Science and Business Ethics at the at Faculty of Law, Pontificia University of Pennsylvania. She Universidad Católica de Chile. He researches and teaches international earned an LLM in Public Law and a relations, international law and Ph.D. from the University of Paris I, international political economy. She Pantheón-Sorbonne, France. He is currently the Dean of is best known for her research on international political the Faculty of Law, Pontificia Universidad Católica de Chile. economy during the interwar years, policy diffusion Bocksang is a member of the Institute of Advanced Legal globally and her work demonstrating the influence that Studies. He has been a visiting professor at Universidad international law has on human rights outcomes around de Paris 1, Pantheón-Sorbonne. His work focuses on the world. Simmons directed the Weatherhead Center for administrative law and the history of administrative law, International Affairs at Harvard, is a past president of the theory of the administrative act, administrative procedure International Studies Association and has been elected to and comparative public law. He is the author of three the National Academy of Sciences, the American Academy books and a number of specialized articles and book of Arts and Sciences, The American Academy of Political chapters. He received the prize of the Centre Français de and Social Sciences, and the American Philosophical Droit Comparé for his doctoral thesis: L’inexistence juridique Society. des actes administratifs. Essai de théorie juridique comparée: France, Chili, Espagne, Italie.

17 Plenary Events Wednesday Plenary Session III 12.40 – 14.10 Public Law, Democratic Backsliding and the Erosion of Liberal Democracy

Teresa Bejan Samuel Issacharoff Associate Professor, University of Oxford Professor, New York University School of Law Teresa M. Bejan is Associate Professor of Political Theory and Samuel Issacharoff is the Reiss Fellow of Oriel College at the Professor of Constitutional Law. He University of Oxford. She received is the author of Fragile Democracies her PhD with distinction from Yale in (Cambridge University Press, 2015) 2013 and was awarded the American and is one of the pioneers in the Political Science Association's 2015 law of the political process, where Leo Strauss Award for the best his Law of Democracy casebook (co-authored with Pam dissertation in political philosophy. In 2016 she was elected Karlan and Richard Pildes) and dozens of articles have as the final Balzan-Skinner Fellow in Modern Intellectual helped shape a new area of constitutional law. He served History at Cambridge. Professor Bejan’s first book, Mere as the reporter for the Principles of the Law of Aggregate Civility: Disagreement and the Limits of Toleration (Harvard Litigation of the American Law Institute. Issacharoff is a University Press, 2017; paperback 2019) was called 1983 graduate of the Yale Law School. He then began his "penetrating and sophisticated" by the New York Times. teaching career at the University of Texas in 1989, where In addition to her many articles in academic journals and he held the Joseph D. Jamail Centennial Chair in Law. In edited volumes, she has written on free speech and civility 1999, he moved to Columbia Law School, where he was the for The Atlantic and The Washington Post. Harold R. Medina Professor of Procedural Jurisprudence. His published articles appear in every leading law review, as well as in leading journals in other fields. Issacharoff is a fellow of the American Academy of Arts and Sciences.

Plenary Events 18 Wojciech Sadurski Chair Professor, Sydney Law School David Landau Professor of the Centre for Europe at Professor, Florida State University Warsaw University

Wojciech Sadurski is Challis David Landau, Mason Ladd Professor of Jurisprudence at the Professor and Associate Dean for University of Sydney and Professor International Programs at Florida of the Centre for Europe at Warsaw State University College of Law. University. He has taught at several He writes primarily about the field institutions around the world, such of comparative constitutional law, as Yale Law School, NYU Law School and Fordham Law with a regional focus on Latin America. He has published School in the United States, and at universities across several books, including Colombian Constitutional Law Europe and Asia: including in Trento, Paris and Singapore. (with Manuel Jose Cepeda Espinosa, Oxford University He was Professor of Legal Theory and Philosophy of Law at Press 2017) and The Evolution of the Separation of Powers the European University Institute in Florence from 1999 to (with David Bilchitz, Edward Elgar Press 2018). He has 2009, and Head of Department of Law at the EUI in 2003- also published in various journals including the Harvard 2006. Specializing in philosophy of law, political theory, International Law Journal, the University of Chicago Law constitutional theory and comparative constitutional law, Review, the UC Davis Law Review, the International , and the his most recent books include: Equality and Legitimacy Journal of Constitutional Law Virginia Journal of . In 2011, Professor Landau served as (Oxford University Press, 2008), Constitutionalism and the International Law a consultant on constitutional issues for the Truth and Enlargement of Europe (Oxford University Press, 2012) Reconciliation Commission of Honduras. Since 2012, he and Poland’s Constitutional Breakdown (Oxford University Press, 2019). A member of a number of governing and has been a founding editor of ICONnect, the blog of the program bodies of think tanks and NGOs dealing with International Journal of Constitutional Law. Professor human rights and democracy promotion, he is currently Landau holds an A.B., J.D., and Ph.D. (political science) Chairman of Academic Advisory Board of the Community from Harvard University. of Democracies.

Plenary Events 19 Wednesday Closing 14.20 – 15.00 Remarks

Lorenzo Casini Professor, IMT School for Advanced Studies Lucca (Italy) Co-President, ICON·S

Lorenzo Casini is Co-President of ICON-S. He is Professor of Administrative Law at IMT School for Advanced Studies in Lucca (Italy), where he sits on the Board of Directors and teaches Cultural Heritage and Law and Global Law. In 2008, 2009 and in 2013 he was the Hauser Global Fellow at the NYU School of Law-Institute for International Law and Justice. He worked as legal counsel to the Italian Minister for Cultural Heritage and Tourism (2014-2018). From 2009 to 2014 he served as a law clerk to Justice Professor Sabino Cassese at the Constitutional Court of Italy. Since 2018, he has been responsible for the discipline of “Law” at the National School of Administration of the Italian Government. A sports judge, he is also on the Board of Directors of the Uffizi in Florence (2015-2020). He is the President of the Institute for Research on Public Administration (IRPA) and a member of the European Public Law Group (EPLO). Author of hundreds of works in several languages, his latest book is Potere globale. Regole e decisioni oltre gli Stati (il Mulino, 2018).

Plenary Events 20 IV Concurring Panels

21 Monday 1 July 2019 13.45 – 15.20 Panel Sessions I

22 Presenters: Chair: Room: Panel formedwithindividualproposals. 1 Concurring Panels / The possible links between citizen participation and populism participation citizen between links The possible Leonardo Cofre: Shifting constitutionalimaginaries Paul Blokker: Democratic QualityofSelf-Defence PopulistPolitics and Democracy: Rediscovering Inherent Svetlana Tyulkina: Culture Game-theoreticalA Penalof Model Populism and Judicial Jamil Civitarese&ArmandoMartins: Paul Blokker D303 Politics, Justice and Populism inLaw,

MON 13.45– 15.20 23 Presenters: Chair: Room: Panel formedwithindividualproposals. 2 Brazil Autocraticin Law Public to Challenges andtheNew Legalism Marcelo & TeixeiraAraújo: Paulo João Leite, Salomao Glauco Juliano Benvindo D304 to Authoritarianism? MexicanThe Paradigm: Participatory Democracies a door or Priscila ReneeMongeKincaid: Decaying Democracy in Brazil‘sLaw and theRuleof Mindset The Authoritarian Juliano Benvindo: Brazil? can democracyauthoritarianism: against be preserved in The “guardrailsof democracy“ and the 1988 Constitution Fernando Acunha: political speech freedomjudicial of question burning and the Council of Politicaljudges: theBrazilianpolitical Justice National Rafael Patrus: Erosion BrazilianThe TUNE: OF OUT Supreme and DemocraticCourt Joao Archegas: Interfere inGrowing Authoritarianism Democracy Brazil: Decayin and Judges Military the How Emilio Meyer: in Latin America in Latin toChallenges Democracy

PANEL SESSIONS I PANEL SESSIONS I Concurring Panels / Commentators: Presenters: Chair: Room: comparative dimensions. and analytical empirical, theoretical, has which analysis an situates this example in comparative context, rounding out book case-study,this central a as 1998 Act Rights Human between the three branches of government.and Using the within UK's both rights with engaging of process borative colla a collaboration',of workings intricate the uncover to other,the on them, Kavanagh moves conversation'from to between 'dialogue' metaphorical a uncover to seeking or hand, one the on rights, of repository supreme the as tures to play. Rather than championing either courts or legisla role complementary and distinct a has branch each where government, of branches three all between enterprise ve gues thatprotectingconstitutionalrightsisacollaborati forthcoming Kavanagh'sar book This Constitution. Collaborative Aileen The called book discuss will panel This 3 Po-Jen Yap Stephen Gardbaum Rosalind Dixon The Collaborative Constitution Aileen Kavanagh: Mark Tushnet Auditorio Claro Constitution CollaborativeThe

MON 13.45– 15.20 - - - - 24 Presenters: Chair: Room: indigenous peoples‘andmigrants‘ rights. on discussions new and slavery modern on jurisprudence ESCR, of justiciability as such years 5 last the marked has which IASHR the within jurisprudence and relevanttrends perts on the pertinence of this text for addressing the most ex rights‘ human and faculties law system, same the fore Commentary,the of be actors IASHR, the representativesof authors from perspectives unites panel The book. the of edition second the launched successfully has America Latin for Program Law of Foundation‘sRule Adenauer rad jurisprudence Kon the 2019 In Rights. Human the of Court European the of to cross-references as well as the IAHRS of organs the of jurisprudence contains and general, in law international public as well as IASHR the expertson acknowledged by Rights the Human of of Convention American articles all of analysis hermeneutic an provides It language. Spanish the in (IASHR) Rights Human of System Inter-American the on publications consulted most the of one become has edition first its in Rights“ Human on tion Conven American the to “Commentary the 2014, Since 4 Reflexión como autordelartículo5Comentario Claudio Nash: desde la delComentario la relevancia perspectivaInteramericanaCorte dela de Derechos Humanos sobre Reflexión Judge EduardoVioGrossi: Marie-Christine Fuchs Sala Mediación Discussant Lorena Ávila: litigio anteelSistemaInteramericano deDerechos Humanos Reflexión sobre la relevancia del Comentario como un actor de parala Juana Acosta: delComentario la relevancia educación jurídica sobre Reflexión paralos Magdalena Correa: delComentario la relevancia derechos delospueblosindígenas sobre Reflexión Nancy Yáñez: Christian Steiner, Fuchs) Marie-Christine Fundación Konrad Adenauer (eds. de Derechos Humanos“ Convención Americana “Comentario ala Panel sobre ellibro: , - - - - Chairs: Room: form ofself-government? legitimate truly a represent to democracy liberal of claims the reinvigorating for basis a provide might presentation re of ideas or practices in changes What decline. in be perceived to widely are institutions and norms democratic liberal which in era an in law public and constitutionalism for questions important critically are constitutional These governance. and democratic to essential is that tation accepted assumptions about the kind of political represen macy. Each of the papers considers a challenge to routinely legiti political and representation of claims between tion connec the and representation political of practices and norms considering papers of series a comprises panel This 5 Concurring Panels / Presenters: Representation andConstitutionalistPolitics Howard Schweber: Representation duringConstitution-making? Jeffrey Lenowitz: Legitimacy Representativeand Democratic Opinion, Public Samples, Sanford Levinson: Children's suffrage andtheprincipleofsustainability Andras Jakab: Mark Graber Andras Jakab Howard Schweber Auditorio A.Silva Representation Issues ofPolitical

MON 13.45– 15.20 - - - - 25 ghts of defendants and, as a result, undermining the very the undermining result, a as and, defendants of ghts ri fundamental some affecting thereby humanity, against have been brought to bear on some cases regarding crimes interpretivism legal of theme the of variations local some We would like to cash in on this opportunity to explore how is thatlegalreasoninganexercise inpoliticalreasoning. particularly worried about this, since one of its basic claims be to seem not does however, interpretivism, Legal ning. reaso political from reasoning judicial tell to difficult very cial interpretationoftheConstitutioninthatattimesitis judi from ensues that tension usual the tackles panel The 6 Presenters: Chair: Room: basis ofrepublicangovernment. Constitutional interpretivism: howthelawbecomespolitics Luis Silva: Constitutional interpretivism anditsdemocratic flaws Guillermo Jensen: If you wantaconstitutionalguarantee, buyatoaster Andrés Rosler: Luis A.Silva LLM94 in Chile and Argentinain Chileand constitutional reasoning issueson Some or law? interpretation: politics Constitutional - - -

PANEL SESSIONS I PANEL SESSIONS I Concurring Panels / Presenters: Chair: Room: nal law play inmaintaining theruleoflaw? constitutio and rights human international do roles What the ruleoflaw? Whatissuesariseoutofthesetensions? with reconciled be justice criminal can reality, this of fact veryunder acting agents of ty frameworks.different the In thus not always easy to grasp, and administered by a varie complexare applied rules and the of content universal,the not and selective, is it action: state to attributes thinking seems to challenge many of the central features that rule of law however, justice, criminal Contemporary cracies. demo liberal modern of feature necessary a un as traditionallyderstood been has law of rule the to punishment state Tyingand justice. justice criminal temporarycriminal con of face the in law of rule the of idea the to challenges A series of three panels will explore some of the central 7 European) criminallawtheory in (continentalthinking law the ruleof of The blind-spot(s) Christoph Burchard: Hyperlexis andtheruleoflaw Vincent Chiao: Approach RetributiveThe WebA State: the of Authority Duties of Leora DahanKatz: Javier Wilenmann Sala ReunionesLLM constitutional issues1 crisis. Theoretical and ofcriminal justicea time Rule of law challenges in

MON 13.45– 15.20 - - - - - 26 Presenters: Chair: Room: these rightsorallowingthemtoregress. defending in role a play could law public how exploring in diverse sexual orientations and gender identities as well as with people and achievementswomen rights of human the impact could or impacted has America'sshift tin rightward rights movements. We are interested in evaluating how La LGBT's and onthe women's the on transitions political science of impact political and law of different fields together the bring from to views is panel this of purpose The 8 Reconfiguraciones del derecho a la igualdad yno laigualdad a grupos anti-derechosde lasagendaslos posicionamiento derecho en las democraciasdiscriminación liberales:el del Reconfiguraciones Lucía Baca&LilibethCortés: desde elderecho constitucional posibilidades y Colombia: de Argentina actuales gobiernos Derechos de las mujeres y regresividaden los material Valeria Silva&MaríaCieloLinares: desde elderecho constitucional posibilidades y Colombia: de Argentina actuales gobiernos Derechos de las mujeres y regresividaden los material María CieloLinares&Valeria Silva: Carolina Vergel Seminario 3 políticas enLatinoamérica la comprensióna grande laviolencia escalaylastransiciones alaescucha:aproximacionessilencio Del a feministas teóricas Daniela Díaz: yno en Latinoamérica laigualdad a grupos anti-derechosde lasagendaslos posicionamiento derecho en las democraciasdiscriminación liberales:el del Reconfiguraciones Lilibeth Cortés&LucíaBaca: en Latinoamérica neo-conservadoras depolíticas emergencia de transición yenla LGBT enlosprocesos mujeres ylas personas los derechos delas Género entransición: - Shia-Imamie Jurisprudence, Women'sthe Jurisprudence, in Shia-Imamie PartyActivity panel tries to study Concept of Legal Personality of State in current the therefore, - modernity and tradition between issues that can be defined as the heart of the confrontation the on focus would study a Such study. for topic a be can tion, the emergence of the modern concept of nation-state confronta tradition-modernity of situation unique a is re structures of Family and Religion were still strong, and the social current the where Afghanistan, and Iran like cieties so In orders. social different two between confrontation dern nation-state and state building is deeply rooted in the mo the of emergence of process the means, That orders. social of structure and nature the on depends off face this of outcomes and nature The problems. some encountered has structures social established previously with societies into State Modern order.of social import impose The to re Structu Social new a itself with brings State Modern The 9 Concurring Panels / Presenters: Chair: Room: state core elementsincontemporary Afghanistan. modern of study the and underdevelopment, Civil and Barriers Legal From - Iran building state of processes From LegalBarriersandCivilunderdevelopment Women‘s Partyin theprocesses Activity Iran: ofstatebuilding Shahideh NMohajer&ShivaModarreszadeh: Afghanistan corestate modern study of The contemporaryin elements Ali AkbarSiapoush&ShafiqShargh: Jurisprudence PersonalityLegal of Concept in Shia-Imamie State of Seyed MasoudNoori&Zahra Azhar: Mohammad Djalali Seminario 2 Iran &Afghanistan East: abrief studyof Middle structures inthe in traditional social nationstateEmerging

MON 13.45– 15.20 - - - - - 27 towards human rights protection and transformativeand protection dialogues rights mea human towards profitable establish to order Human in European System, the Rights of influence the as well as courts, constitutional and Rights Human on Inter-AmericanCourt the of roles the addresses It issues. those discuss to tions proposi of range implementing diverse a offers panel this consistently rights, human in difficulties ongoing the leaders, to authoritarian to turning democracies solidated con allegedly From challenges. many facing is continent of the Inter-American Court jurisdiction. Nevertheless, the States adherence to human rights treaties, and recognition its of most to due America, Latin in Commune titutionale The last years have testified to construction of an Ius Cons 10 Presenters: Chair: Room: tion, towhichacomparative studycouldbeenlightening. cau proper with taken be should politics in interference judicial the that suggests and templates rights human on critic decolonial the of perspective the brings also It sures. of institutionaldialogue:Brazil andSouthAfrica fromof the“megapolitics“ The judicialization the perspective &Claudia Marques Maria Barbosa: Purificação da Salgueiro Camila democratic constitutionalism realizationthe better for understanding in rights of perspective:in acolonial Rights Human a key to Amélia Rossi: Challenges foraEuro-American DialogueonHumanRights FundamentalCulturalto Right Peoples:Indigenous of Identity Juan JorgeFaundesPeñafiel: setbacks inLatinAmerica Democracyrefrainto asmeans dialogues judicial danger: in Bruna Nowak&MelinaGirardi Fachin: and Transformation towards humanrightsdefense Cooperativein Latin-America: Dialogue Judicial Integration Ana CarolinaOlsen&MelinaGirardi Fachin: Jorge ErnestoRoa D402 rights human democracy and bridges to protect Dialogues: building - - - - -

PANEL SESSIONS I PANEL SESSIONS I Concurring Panels / Presenters: Chair: Room: notably inacomparative perspective. of contemporary trendsregardinglivingconstitutionalism, understanding an to contribute United will the panel This and Kingdom. Japan Africa, South Canada, States, ted Uni the in constitutions: living various reveal We grows. it which in soil the to according practically- and -con ceptually varies constitutionalism Living change. social such to respond to order constitutional the allow to seek that change. Italsorelatestothechangesby politicalbranches social of face the in constitutionality regarding judgments tutional interpretation such as the purposive approach and consti in ideas the to links constitutionalism Living realm. amendment, the issues are not necessarily confined to that constitutional formal or meaning original binding without implementation constitutional judicial means constitutiona which law lism, common on based is idea the Al evolving.though itself is constitutionalism living of idea The 11 The UK‘s inherentlyThe UK‘s livingconstitution John Morgan: Ad HocLivingConstitutioninJapan Keigo Obayashi: African Constitution Transformativeand theText Constitutionalism the South of Julian Jonker: Canada andtheLivingTree Peter Oliver: Court InterpretationsChanging States: United Supreme on theU.S. and InterpretiveConstitutionalism Living in the Debate Lisa Parshall: Lisa Parshall Auditorio E.Frei Living ConstitutionalismLiving United Kingdom Japan the and Africa, States, South Canada, Comparing United the World:in aChanging

MON 13.45– 15.20 - - - - - 28 Presenters: Chair: Room: to thechallengesof21stCentury. connected perspective, agonistic an in authority, political sharing of ways and Politics and Law between relationship the in possibilities new of think to thus, proposal, panel‘s this is It must. a is democracy and constitutionalism tween be relationship the rethinking scenario, contentious this In authority. of sharing prudent) more least at (or just the a great tension between political agents as to what regards amenable to the sharing of political power, one now notices more were which designs institutional with constitutions in rights new of arising of period a andconsti after history: tutional its political in moment conflicting a through going been has America democracy.Latin and consti tutionalism between tension the of consequences inevitable Politics, basing itselfontheassumptionthatsuchchallengesare and Law between relationship the in challenges This panel, split into parts A and B, aims to face the existent 12 Jairo Lima&JoséMauroGarbozaJunior: outcomes inLatinAmerica Are thePeopleRecent referendawise? always andits Alfonso Palacios: Is brazilian democracy indecline? Beeck Claudia Moreira deSouza: & Barboza Queiroz de Maria Estefânia Katya Kozicki LLM91 the EpistemologiesofSouth a Liberalbetween Jurisdictions Indigenous perspective and ConfrontingPluralismLegal of visions America: inLatin Luiz GuilhermeArcaroConci&JoãoVitorCardoso: principle ofnon-regression and the amendments Constitutional a stepback? Not 21st Century (PartA) convergencesand inthe tensions, contradictions democracy: and Sovereignty, constitution - - - position ofcitizensvis-a-visdemocratic institutions. ill-defined the by and caused participation government democratic in limited citizens of trust decreasing the (iii) - cities) smart in (e.g., frameworks legal or constitutional to reference limited with policymaking public in citizen-centric approaches vague of development the (ii) - duties hip citizens of reduction visible a with commodity a or source re instrumental an into citizenship of transformation the (i) developments: three addresses panel This significantly. changed have points reference its and citizenship mea of ning the times, the throughout However, communities. local or national to belonging their and duties and rights individuals' of determination the to crucial been thus has tween individuals and the state. The meaning of citizenship be relationship the centuries for defined has Citizenship 13 Concurring Panels / Presenters: Chairs: Room: How toplacecitizensattheheartofpoliticalsystem of democraticand the design "Demossibility" institutions: Antonios Kouroutakis: and DemocraticCities Smart in Citizen-centrism Participation Astrid Voorwinden &SofiaRanchordas: Citizenship FromSacred of Meaning Changing The Instrumental: to Yossi Harpaz: Zoran Oklopcic Dimitry Kochenov Auditorio P. Aylwin The MeaningThe Citizenship Approaches to Constitutionaland Political,Instrumental, of Citizenship:

MON 13.45– 15.20 - - - - 29 Chair: Auditorio Card.Oviedo Room: tions reachedinthefieldofgloballaw studies. acquisi the of use making issues these with deal will panel This necessary. is law of sources the and principle law of rule the of redesign a Therefore, informal. and polycentric increasingly is production normative instruments), tutory Sta formal on generally, more (or, Statutes and State on therefore undergoing profound changes: instead of relying is law Public production. normative of ‘monopolist‘ the as State the of overcoming the sanctioned has Globalization 14 Discussant: Presenters: Joana Mendes Joana Mendes law the regulatoryAfter a privateThe ideaof state: administrative Rodrigo Vallejo: Judge-made Law Eduardo Jordao: Standards: WhatKindofCertainty? Margherita Croce: Sources ofLaw:AGlobalAdministrative LawPerspective Lorenzo Casini: In QuestfortheRuleofLaw Paul Craig: and Sourcesand ofLaw ConstitutionsChanging - -

PANEL SESSIONS I PANEL SESSIONS I Concurring Panels / Presenters: Chair: Room: Panel formedwithindividualproposals. 15 judicial council? structurethe internal for model What istheoptimal the of Piotr Mikuli: United StatesandChilecase procedure,reviewjudicial and judge‘s The appointments. The relationshipamendment constitutional between Maximiliano Ravest: 1917-2017 PatronageMexicanthe in and Nepotism Federal Judiciary, Julio Rios-Figueroa: Administrative State the & Discipline Judicial Independence, Judicial Kate Berger: Comparing Pakistan, IndonesiaandColombia Phenomenon: Class Independence asaMiddle Judicial Nauman Reayat: Kate Berger LLM93 Judicial Appointment Judicial Appointment and Independence and

MON 13.45– 15.20 30 Presenters: Chair: Room: power ofBrazilian agenciesformarket regulation. politics, as well as the judicial deference on the rule-making of judicialization and activism judicial especially risdiction, ju constitutional Brazilian the to related issues main the on focus Finally,will speech. debate hate parallelsthe with its and expression of freedom to right the involving limits the and issues the with accordance in treated be will rights risditional experience. The relevant subject of fundamental ju brazilian the for consequences its perceive to order in analysed be will influences historical first, At aspects. tant impor most its on perspectives different the adress will panel the constitutionalism, Brazilian on mainly Focusing 16 Rebecca Féo deOliveira: Supreme Court Bastos Brazilianand the activism judicial politics, of Judicialization Rodolfo Cosati, Moraes Combat, VictorHugoPacheco Lemos: Conde Clara Maria Random Democracy andConstitutionalJuristocracy Rodolfo BastosCombat: Freedom ofexpression incorrosive erosion Bruno Joviniano deSantanaSilva: do wego? brazilianAbout Whereconstitutionalism: areand where we Anderson LuísdaCostaNascimento: Cássio LuisCasagrande Seminario 1 Unconstitutional StateofAffairsinBrazil Juliana Paixão: agencies formarket regulation deferenceJudicial Brazilianof power rule-making the on perspectives and challenges Constitutionalism: Brazilian - - - Room: and stateobligationsregardingalgorithmiccitizenship. notions, legal concerns, examples, various discuss panelist five The yet. explored properly been not has scale full its though even concerns, many creates analysis Algorithmic rights. political on sites network social on propaganda cal politi targeted and disinformation and mis- of impact the and rights, personality on profiling practicesdigital as such of effects the regard concerns Further citizens. of classes unequal and minorities or groups disadvantaged of clusion ex the in result often processes However,these siveness. inclu societal and certainty) legal ensuring and schemes welfare to grantingaccess freedoms, and rights protecting (i.e. capability delivery sector public increase to potential perceived their from stems algorithms of use widespread The freedoms? and rights citizenship manipulate or press com expand, analysis algorithmic of implementation the does how citizenship: algorithmic investigates panel The 17 Concurring Panels / Presenters: Chair: Digital Profiling, Law and the Stakes ofPersonalized the Stakes and Governance Law Profiling, Digital Delphine Dogot: ensure mediafreedom and informationrightsofcitizens to states of obligations in thenewsindustry: Algorithms Sarah Eskens: case for the “digital disarmament“ and propaganda computational Astroturfing, Paolo Cavaliere: Credit System fromsuggestions Rated bythealgorithm: theChineseSocial Elisa Bertolini: Is algorithmiccitizenshipadepersonalizedcitizenship? Graziella Romeo: Elisa Bertolini Allende Bascuñan2 Algorithmic “Citizenship“

MON 13.45– 15.20 - - - - 31 of Brexit on Scotland are still uncertain. By comparing the comparing By uncertain. Brexitstill of are Scotland on due to current postcolonial dynamics. In the UK, the effects mayseem it than symmetrical less actually is tralizedstate another asymmetricalstatehastoface.TheFrench cen that challenges the illustrates Region Xinjiang the in sions ten ethnic the China, In government. central and regions between renegotiation permanent a encourages that del For instance,the Catalan crisisisthe result ofastatemo regions. their to autonomy political and administrative of degrees different recognize state“they unitary as metrical “asym call we that state of model a share in that countries observed relations centre-periphery new explain can law constitutional comparative how discuss will panel The 18 Presenters: Chairs: Room: riphery. pe and centre between tensions political or coordination administrative effective an facilitate that mechanisms nal constitutio the are which identify will panelists cases, se Spain duetocentre-periphery conflicts freedom of limits The China and in association political of Juan E.Serrano Moreno: solution orsource ofconflicts? decentralizationand asymmetrical state Unitary France:in Benoît Delooz: final crisis? regulation,State: Autonomous Spanish development and, Francisco ManuelGarcíaCosta: Uyghur AutonomousRegioninChina ExaminationCritical Autonomyof Enjoyed by Xinjiang the PolicyDoes Autonomyon Ethnic WorkA in China? Feng Lin: María GabrielaDeAbreuNegrón Sulan Wong Juan EnriqueSerrano Moreno Allende Bascuñan1 coordination and conflict states: centre-periphery asymmetrical unitary Regional autonomy in ------

PANEL SESSIONS I PANEL SESSIONS I Concurring Panels / Presenters: Chair: Room: Panel formedwithindividualproposals. 19 the guaranteethe transgenderedof rights social the of individuals change for of in times and legality dignity of The principles Ana CristinaPinheiro&EstenioMenezesFreitas: inclusive society Reservationon impact basis inIndiaandits on economic Arpita Sarkar: of ConstitutionalRights Privateof Publicization Application by Horizontal Relations Iwona Wróblewska: Effective Right? MultilevelProtection TowardsHousing: to Right the of an Angel Aday JimenezAleman: Good governance, ruleoflawandsocialrights Valéria Zanette: Rights: More thanthePrivatisation ofPublicLaw? A CommunicativeConstitutional for Horizontality of Theory Eleni Frantziou: Ana CristinaPinheiro Auditorio CAP Judging and Enforcing and Judging Human Rights

MON 13.45– 15.20 32 Presenters: Chair: Room: Panel formedwithindividualproposals. 20 What doesmilitantdemocracy looklike? Zachary Elkins: Dictatorial RegimesinAfrica PresidentialTerms, Electoral and Protests Contests against Tushar KantiSaha: Legal EducationintheContext ofAutocratic Legalism Atagun MertKejanlioglu: Investigating authorityinconstitutionalsystems Eoin Carolan: backsliding contractsocial EU lawagainsttheemerging ofdemocratic Dariusz Adamski: in India A GovernmentThe aberrationspower? without of federalism Badrinath Rao: Eoin Carolan LLM92 Threats to Democracy Presenters: Chair: Room: Panel formedwithindividualproposals. 21 Concurring Panels / The wrongfulness ofreligious discrimination Ilias Trispiotis: in Canada Death Assisted Medically of Implications Rights Equality The Carissima Mathen&JenniferChandler: Comparative Standards and Law Antidiscrimination the Chilean to Reform José ManuelDíazdeValdés: concept a fundamental of history the constitutional on Discrimination: Fernando Muñoz: towards equality architectureChoice values: andconstitutional a nudge Viviana Ponce deLeón Solís: Affirmative Actionas Transitional Justice Yuvraj Joshi: Carissima Mathen D302 Antidiscrimination and Antidiscrimination and Equality

MON 13.45– 15.20 33 hs ae ses o drs cneprr calne in challenges substantive both on light shedding theory legal of field this contemporary address to seeks panel this perspective, Latin-American a from Departing legitimacy. only their realization but also their symbolic and discursive not affects menace This threat. under are minorities poli tical of rights fundamental of promotion and protection to theworseningofthissituation.Inthesecontexts, the reversalthe democraticlongstanding of contributing gains claim globe the around scattered upsurges populist recent obstacles totheenforcementoftheirrights.Currently, practicaland theoretical of number a face minorities litical po arenas, legal international and domestic in recognized widely Although challenge. under are minorities Political 22 Presenters: Chairs: Room: grants‘ rights. mi and LGBT women, regarding aspects institutional and of theland? and same-sexBacklash in Mexico: marriage is thelaw what Sofía delCarmenTreviño Fernández: using stereotypes theMulticulturalto Fidelity Transformation:the harmof Delfina Beguerie: paternalism debate:afeministcritique Variationstransgenderon liberalismthe of light in rights vs. Ligia FabrisCampos: Sexualthe concept the useof to andpossibilities limits Rights: Juliana CesarioAlvimGomes: political minorities Democraticrepresentation the problemand courts: of Jane ReisGonçalves Pereira: Jane ReisGonçalves Pereira R510 political minorities rights of fundamental tochallenges the Contemporary - - -

PANEL SESSIONS I PANEL SESSIONS I Concurring Panels / Presenters: Chair: Room: Panel formedwithindividualproposals. 23 Colombia pluralismThe riverof Aotearoain rights and Zealand New Felipe Clavijo-Ospina &ElizabethMacpherson: The role ofsoftlawinenvironmental protection Chiara Ingenito: from preference toduty? and GovernanceSocial considerations (ESG) investments:into frameworkglobal The integratingfor Environmentalthe Mariarita Circi: debate treaty:Escazú environmentalnew A be signed? it should Raúl Campusano: prepared toaddress thisnewlegalparadigm? Circular EconomyLiberalization inthe Era.Law IsPublic Alba Nogueira: procedures relationshipand non-compliance bodies judicial between environmentalinternational an explorationlaw: the of naturejudicial the Challenging in courts international of Justine Bendel: Justine Bendel D401 and Internationaland Law Environmental Protection

MON 13.45– 15.20 34 Presenters: Chair: Room: diagnosing “democratic decay“. how corruptionwasoneofthemostimportantelementsin underlined 2017 in Tombywho chaired Daly be will panel and successes the The Authority. Anti-Corruption National on Italy‘s of failures study case a of consist will paper Frosini‘s while cooperation, anti-corruption international of deficiencies and achievements the on focus will bution contri Borlini‘s violations, rights human as framed be also should actions corrupt whether of question the pose will comparative papers and one case study. Greschner‘s paper democratic constitutionalism. This panel will consist of two to undermining liberal democracy and is a serious threat to rruption is one of the principal elements that contributes co Undoubtedly societies“. on hasawide effects corrosive of that range plague “an insidious as corruption de fined famously Annan Kofi Secretary General UN Former 24 to BetheBestWay ofFightingCorruptioninItaly? (ANAC)Authority Anti-Corruption Has theNational Proved Justin OrlandoFrosini: Origins, Cooperation the on Reflections EvolutionAnti-Corruption International the of and Outcome Retrospective": a Such "Not Leonardo Borlini: Corruption andtheNarratives ofHumanRights Donna Greschner: Tom Gerald Daly D405 of Liberal Democracy Corruption‘s Corrupting - - - Presenters: Chair: Room: Court ofHumanRights,sinceitscreation,areanalyzed. Inter-American the in judges Uruguayan the of votes dent dissi or concurrent the Likewise, activism. judicial as well application oftheUruguayan SupremeCourtofJustice,as practical the and Rights Human of Court Inter-American the conventionalitybysupremacy, of titutional control the cons to regard Uruguay.in in Especially law and justice of state current the and evolution the discuss will panel The 25 Concurring Panels / derechos humanosenelUruguay Controldel derecho de cumplimiento de los internacional Javier Paolino: interamericana dederechos humanos uruguayosjueces de los actuación La corte en la María ElenaRocca&MarielLorenzo: Derecho público,tiemposdecambioyactivismojudicial Cristina Vazquez: en elUruguay supremacíaLa y el controlconstitucional de convencionalidad Ruben CorreaFreitas: Ruben CorreaFreitas D404 Uruguay Justicia yDerecho enel

MON 13.45– 15.20 - - 35 trol of the constitutionality of the vices of form does not does form of vices the of constitutionality the of trol thesis is that, in case of being proceeding, the concrete con lean Constitutional Court on such types of vices. The hypo democratic principle - and the position assumed by the Chi ment, thetensionsthatoccurbetweensuchcontrolwith amend constitutional the and processes legislative the of control the of provenance the perspective comparative with a and historically analyze to are objectives proposed in the Chilean case regarding the inapplicability action. The emphasis with form, of defects for amendments titutional cons and laws the of constitutionality of control concrete the of provenance the on question the presents panel The 26 Presenters: Chairs: Room: framed intheFondecyt Regular1180530project. research the to part, in oriented, is panel The case. specific the to circumscribed are principle, in that, effects the lizes genera unconstitutionality of decision the that and vices substantive the of respect in as way same the in operate de forma desnaturalizaciónLa vicios por de inaplicabilidad acción dela Miriam HenríquezViñas: por viciosdeforma generalizaciónLa de inaplicabilidad acción de la efectos de los Manuel NuñezPoblete: constitucional delTribunal ConstitucionaldeChile jurisprudencia de forma. por vicios Inaplicabilidad Enrique Navarro Beltrán: de normasrango constitucional procedimentalesRequisitos parámetros como para el control Sabrina Ragone: del legislador democrático principios de los y deconservación actos de los Controlabstracto y concreto importancia de forma: de vicios Maria PíaSilvaGallinato: que realizan lascortessobre losprocesos legislativos comparadasExperiencias control del de constitucionalidad Sebastián SotoVelasco: Miriam HenriquezViñas A101 for concrete the control of law-making. Challenges enforcing dueprocess the Constitutional Courts ------

PANEL SESSIONS I PANEL SESSIONS I Concurring Panels / Discussant: Presenters: Chairs: Room: plaints induelight. com these place to order in practice, and law case Court‘s Constitutional Chile‘s of trajectory and evolution reflects the panel on This powers. review point its Court amending the toward on debates parliamentary current explain why actually may which power, political own Court‘s the of diminishing decisions and practices these consider dictatorship‘sPinochet the of guardian the as legacy. Some itself erecting activism of form a embraced has Court the workers‘, on years,students‘, recent In rights. consumers‘ women‘s,and legislation sensible passing from parliamentary coalitions preventing by democracy Chile‘s eroding Many suggestthattheChileanConstitutionalCourtis 27 Sergio Verdugo Tribunal Constitucionalytrabajo: underecho demigajas Daniela Marzi: La deformadelderecho Domingo Lovera: mirada desdelajusticiatransicional TribunalEl una judicial: activismo y el chileno Constitucional Daniela Mendez: Activismo políticodelTribunal Constitucionalchileno Christian Viera: Sergio Verdugo Jorge Contesse A102 justice in Chile? The demise of constitutional

MON 13.45– 15.20 - 36 Presenters: Yaniv Roznai Chair: A103 Room: been developed toreplaceandsupplementthem. referendums as well as the practical mechanisms that have of limitations normative and theoretical the both explore panel this in papers The questioned. been has sovereignty popular and democracy referendums, between lationship dum processes. At the level of constitutional theory, the re referen of instead or alongside function that democracy deliberative and participatory of mechanisms developed At the level of constitutional practice, many countries have change. and creation constitutional for mechanism plete com a as desired be to lot a leave However,referendums authorisa change. constitutional democraticand creation constitutional for tion a provide to claim Referendums 28 Constitutional Disagreement, Deliberation andChange Oran Doyle &RachaelWalsh: in Constitution-MakingSmallStates Democracy-enhancingof and Opportunities Challenges Tools Elisabeth Perham &MaartjedeVisser: The UnnecessaryReferendum Richard Stacey: and Change and Constitutional Creation Beyond Referendums in - - - - and theoretical – that may be learned from these develo these from learned be may that – theoretical and practical – lessons the debate and jurisdictions, selected in procedures appointment the facing challenges main the consider questions, these address will roundtable The art. titutional democracies call for reflection on the state of the pments in other jurisdictions in liberal and less liberal cons develo and US theory. the in Kavanaughconfirmation The and practice political of matter a as questions, significant all are – approval or review of forms what to subject and criteria, and procedures which to pursuant powers, tional constitu with vested judges appoints Who consequences. legal and economic political, significant caries bench the of composition the softer) over control the review, judicial of or power (stronger the exercise the and of text constitutional meaning the determine judges constitutional Since any democracy. of design the in feature key a as tood The process through which judges are appointed is unders 29 Concurring Panels / Discussants: Chairs: Room: pments. of theKavanaugh Confirmation Significance Comparative and Arc Historical The Discussant: Amnon Reichman Perspective American – TheLatin Appointments Judicial Discussant Javier CousoSalas and theEasternEuropean Context Lesson The Hungarian Appointments: – Judicial Discussant Tímea Drinóczi and Practice Theory Appointments: Judicial on Reflections – Discussant Kai Möller Amnon Reichman Sujit Choudhry Aquiles Portaluppi Confirmation Beyond and Kavanaugh- The Comparative Perspective ina Appointments Judicial Roundtable:

MON 13.45– 15.20 - - - - - 37 regional approach. The panel ventures into the analysis of analysis the into ventures panel The approach. regional a through issues those tackle to efforts the on focusing by perspective the novel shifting by a discussions those provide to approach to aims panel this that background this against is It crises. existential deep in immersed currently are institutions IEL Furthermore, problems. those to tions solu satisfactory provided not has IEL regulation, goods' geist increasesthenecessityofaglobalapproachtopublic zeit current the Whilst (IEL). Law Economic International in orthodoxy the to challenge a create values societal and goods public other of protection the and change Climate 30 Presenters: Chairs: Room: and thecurrentcrisisoftraditional IEL. poses to the protection of public goods widely understood, traderegulation that challenges the both tackle region the ternational trade and investment agreements concluded in in recent the how discern to approach‘ American ´Latin a Latin Americanapproach inachangingtime Trade andInvestmentfrom perspective:Change a Climate A Andrea Lucas: Settlement (ISDS)reform ApproachAmerican Latin A Investor-Stateto Dispute Andres Delgado: Perspective (& Politics):Law Economic International American A Latin Jaime Tijmes: with thesafeguard ofpublicinterest tradeReconciling liberalisationand investment protection approach‘American ‘Latin A Law?: Economic International to Belen Olmos: Nicoló Lanzoni Andres Delgado Sala JuicioOral change for of atime agenda Areform Economic Law? approach to International American A Latin - - -

PANEL SESSIONS I PANEL SESSIONS I Concurring Panels / Presenters: Chair: Room: damages inparticular. with theInter-American Court’sgranting ofcompensatory and violations rights human for damages compensatory of system a of challenges the with deal will panel this of tions presenta The victim”,etc. “secondary the of relationship familial the damages, of kind the victim, of type the to ding accor down broken is compensations portal’s about information The victims. to granted has Court ter-American but alsoatablewithallofthecompensationsthatIn law, case Court’s Inter-American the to according Rights Human on Convention American the of version “updated” an only not include now will http://www.doctrinaidh.com ( Scholarship” rican This panel inaugurates a section of the project “Inter-Ame 31 The Inter-American Court’sGranting ofCompensations Álvaro Paúl: Compensations A Toolthe Inter-AmericanAnalyzing for and Case Law Court’s Pier Pigozzi: Court Judge Perspectivethe Violations: Human Rights a Constitutional of for Damages of Compensatory ofa System The Challenges Kate O’Regan: Álvaro Paúl FD 101 Violations for Human Rights Compensatory Damages Doctrina InteramericanaDoctrina

MON 13.45– 15.20 ), whose portal whose ), - - - - 38 Monday 1 July 2019 15.25 – 17.00 Panel Sessions II

39 PANEL SESSIONS II Concurring Panels / Presenters: Chair: Room: global governance ofdata. in play can IOs that role the discuss will panel The effects. ‘extraterritorial‘with often data, private and public to cess ac mediate & flows data regulate to around attempting globe the legislators and value its capture to racing actors private and public both with capital, intangible an become has data digital technologies, emerging for keyinput a and of product a both As concerns. legal and business by both hampered be may it share to willingness whose actors cial however, this data is concentrated in the hands of commer into insights Often, environments. and resources space, unprecedented constituencies, offer and statistics nment gover scant supplement can sources different digital from data datasets, large in Aggregated opportunities. new offering are however, technologies, new volu and data vast of mes Digitization, both data. of been consumers & long producers have (IOs) organizations International 32 Data Flows Digital of Regulators as Global Organizations International Angelina Fisher: Digital DatainBorder Control Governance Dimitri vandenMeerssche: Organizations International of The Role Data: Access to Global Eyal Benvenisti: Guy FitiSinclair LLM94 Organizations Futurethe ofInternational Global Data Governance and

MON 15.25– 17.00 - - - - 40 Presenters: Chairs: Room: Latin Americanpathoftransformative constitutionalism. tutionale Commune en América Latina (ICCAL), an original Consti Ius a of progress in construction the for role key a haveplayedthat agents relevant most the of one is diciary law.Ju regional The and international to systems national various the of statehood open the on based region, the in law of rule the and denominators democracy rights, common human concerning of development the unveil also experiences These promises. constitutional of fulfillment the for and rights of implementation the for agent central a is Judiciary the that demonstrating Mexico, and Brazil, ces of transformative constitutionalism in Chile, Colombia, experien the showcase will inequality.It exclusionand by cal and social reality of the region, which is strongly marked politi the changing to contributes that one America: Latin in the construction of a transformative constitutionalism in mune) - The panel explores the role played by the Judiciary Com Ius the of Construction the and America Latin in lism (The Role of the Judiciary in Transformative Constitutiona 33 Agent concerningtheProtection ofMigrants‘ Rights) Migrantes (TheSupreme asaTransformativeChile of Court TransformadorAgente Protecciónen la Derechosde los de los SupremaCorte de la Jurisprudencia La un como deChile Miriam Lorena HenríquezViñas: Armin von Bogdandy Auditorio A.Silva Transformative ConstitutionalisminMexico) TransformadorConstitucionalismo El en México (The Roberto Niembro: Resilience Strategy) as a Latina en América Commune The Ius Constitutionale (Transformative andProtectiveBrazil:in Constitutionalism Estrategiacomo Latina en América Commune de Resiliencia TransformadorConstitucionalismo y Protector en Brasil: el Ius Patrícia Perrone CamposMello: Engine Room) Máquinas (TheTransformativebefore Constitutionalism the Transformador Constitucionalismo El frente de Sala a la Jorge ErnestoRoaRoa: Commune Construcción delIus y Latinoamericano Transformador en elConstitucionalismo El RoldelPoder Judicial ------Room: nal law play inmaintaining theruleoflaw? constitutio and rights human international do roles What the ruleoflaw? Whatissuesariseoutofthesetensions? with reconciled be justice criminal can reality, this of fact veryunder acting agents of ty frameworks.different the In thus not always easy to grasp, and administered by a varie complexare applied rules and the of content universal,the not and selective, is it action: state to attributes thinking seems to challenge many of the central features that rule of law however, justice, criminal Contemporary cracies. demo liberal modern of feature necessary a un as traditionallyderstood been has law of rule the to punishment state Tyingand justice. justice criminal temporarycriminal con of face the in law of rule the of idea the to challenges A series of three panels will explore some of the central 34 Concurring Panels / Presenters: Chair: Proportionality ofpenaltiesasafundamentalright? Francesco Viganò: judicial review oflegislation incriminalmatters scrutinya stricter A defenseof “special“? law Is criminal of Nicola Recchia: law project theory,State and theruleof making decision justice criminal Javier Wilenmann: The Elusive VirtueofCongruence Hamish Stewart: Javier Wilenmann Sala ReunionesLLM constitutional issues2 crisis: Theoretical and ofcriminal justicea time Rule oflaw in challenges

MON 15.25– 17.00 - - - - - 41 the just (or at least more prudent) sharing of authority. In authority. of sharing prudent) more least at (or just the a great tension between political agents as to what regards amenable to the sharing of political power, one now notices more were which designs institutional with constitutions in rights new of arising of period a andconsti after history: tutional its political in moment conflicting a through going been has America democracy.Latin and consti tutionalism between tension the of consequences inevitable Politics, basing itselfontheassumptionthatsuchchallengesare and Law between relationship the in challenges This panel, split into parts A and B, aims to face the existent 35 Presenters: Chairs: Room: to thechallengesof21stCentury. connected perspective, agonistic an in authority, political sharing of ways and Politics and Law between relationship the in possibilities new of think to thus, proposal, panel‘s this is It must. a is democracy and constitutionalism tween be relationship the rethinking scenario, contentious this compartilhando problemas esoluções Amoroso Thais Tutelacolectiva, cooperação etransfederalismo: & Macedo de Paschoal: Castillo Arthur José democratic constitucionalism and radicalstruggles Urban democracy: perspectives a for Vera Karam deChueiri&AnaClaudiaMilanieSilva: ensayo para mayor participaciónciudadanaenlapolítica la democracia,Radicalizar un laconstitución: popularizar Katya Kozicki &MariaHelenaFonseca Faller: Constitutional Instability BrazilianHardball: Constitutional and the Institutions Vera Karam deChueiri&HeloisaFernandes Câmara: Glauco Salomao Estefânia MariadeQueirozBarboza LLM91 21st Century (PartB) convergencesand inthe tensions, contradictions democracy: and Sovereignty, constitution - - -

PANEL SESSIONS II PANEL SESSIONS II Concurring Panels / Presenters: Chair: Room: tive project. frame a research agenda on administrative law as a norma issues, in order to identify their multiple dimensions and to as a normative project. The panel aims at reflecting on such capacity its question also they world, legal globalized the in expansion its and law administrative of success lasting the toexplain may contribute adaptability and While flexibility contexts. legal di and settings within constitutional flourished fferent has it And liberalism. economic to socialism from ranging programs, political and of ideologies variety great a of operationalization the to functional been also has law Administrative orders. legal state side out and gradually within law administrative has of mission the which defined of combination the routes, followed several has process Such power. administrative turing multi-purpose project, a aimed both at developing as and struc developed has It law. of body adaptable and flexible rather a be to proved has law administrative Historically, 36 Joana Mendes Peter Lindseth Mariana Prado Bernardo GiorgioMattarella Edoardo Chiti LLM93 of Administrative Law NormativeThe Foundations

MON 15.25– 17.00 - - - - 42 Presenters: Chairs: Room: mework forthescreeningofFDI. USA and the new EU regulation establishing a common fra the in adopted one the as such countries, many in reforms of series a undergoing is field this in laws of set whole the steps that considered be should It harmonization. their for made the and development of stage their understand to abroad, from resources of flow the control governments national the which through intends ways different panel the discuss The to economies. nations‘ other of sectors gh whichforeignentitiesmay acquirecontrolofstrategic development, economic throu instrument an be can they hand, other the on while, national for opportunity an be can FDI hand, one the On concerns. interests‘ public other and security national for investments direct to foreign check aimed formally measures administrative of use the in consists wars trade conduct to way modern A duties. cial commer of imposition classical the in consist only not do protectionism economic of measures administrative The 37 Maria StellaBonomi: Screening Measures under theNewCommonEURegulation ForeignUnlawful against Remedies Direct Investments Bruno Paolo Amicarelli: Rights Fundamentalthe Charter of of in theLight Mechanisms EuropeanForeign Direct Investment Screenings and Control Samed Sahin: Giulio Napolitano LLM92 Give Reasons ForeignDirect Investments Screening Measures to andDuty Law forA Challenge Public Investments Screening: Foreign Direct - - - Presenters: Chairs: Room: Panel formedwithindividualproposals. 38 Concurring Panels / European federalising process WhereEurope is Pathsgoing? and perspectives the of Beniamino Caravita diToritto: Hungary andinits7thAmendment in theFundamentalDistrust of The Symptoms of Law Orbán Endre: Constitutionalism inSpain? Party Right Radical The ‘Vox‘: a Threat Liberalto Pablo JoséCastilloOrtiz: Pragmatic Trust? and TrustRights or Distrust of Age Law: Criminal EU in Ermioni Xanthopoulou: curse –ThecasestudyofMaltaintheEUcontext Mixedor a systems legal of marriage – A‘loving‘ systems legal Ivan Sammut: Fortified Majority Radek Píša: Pablo JoséCastilloOrtiz Seminario 3 Current Constitutional in Europe Political and Challenges

MON 15.25– 17.00 43 Presenters: Chairs: Room: Panel formedwithindividualproposals. 39 Carlos IgnacioGiuffré: obstacles forconcrete review ofconstitutionalityinChile branches: betweenjudicial dialogue Constitutional removing Arturo Fermandois: Daniel WunderHachem Seminario 2 with JudicialRulings Noncompliance Exploring or Monologue? Dialogue Judicial Chien-Chih Lin: on theexample ofpersonaldataprotection Europe.in dialogue Judicial harmonyBetween andcacophony Jan Podkowik, MarekZubik&RobertRybski: constitutional amendments BrazilianSupreme by theCongressdecisions Court‘s through Forcedor overlapping dialogue Theoverridemonologues? of Daniel WunderHachem&EloiPethechust: Appearance of Conditions its of Analysis An Constitutionalism: Dialogic Constitutionalism I Dialogic

PANEL SESSIONS II PANEL SESSIONS II Concurring Panels / Presenters: Chairs: Room: tionalism. constitu subvert to reform constitutional of use the lism, in threat constitutiona abusive is problem second a A regimes. many only is that but democracy, constitutional of foundation a be to said is equality.Equality and rights cial so of that is problem first in The democracy. constitutional problems contemporary several explores panels This 40 Discussant Alexander Somit: Discussant Johanna Frolich: Action and Proposalsin Spain the Matter of State Globalization. for the Economic against as aBarrier Reform The Constitutional Carmen MontesinosPadillo: Abusive “Abusive Constitutionalism“ Oren Tamir: measures from anequalityperspective taxationNo taxesequality: without and (other) austerity Mariana RodriguesCanotilho: Antonia Baraggia D304 Democracy Constitutional PracticeThe of

MON 15.25– 17.00 - - - 44 Presenters: Chairs: Room: tocracy. au and democracy constitutional a between line fine the and courts of role the concern others Still constitutions. of of therulelaw. Othersconcerntheconstraining power of theory the constitutional democracy. Some in problems concern the role problems different explores panel This 41 Discussant Sandy Levinson: Discussant Yvonne Tew: Builders Which democracy:as DemocracyCourts Questioning Mariana RezendeOliveria: Constitutions asConstraints Mark Graber: What's thePoint oftheRuleLaw Martin Krygier: Autocrats inaWorld ofBacksliding WolvesSheep‘s in DemocratsDistinguishing Clothing: from Kim LaneScheppele: Sandy Levinson Auditorio E.Frei Democracy of Constitutional Practice and Theory Problems inthe - Presenters: Chairs: Room: Panel formedwithindividualproposals. 42 Concurring Panels / of Chile‘s HousingLawandPolicy Neoliberalof The Institutionalization A CaseStudy Reforms: Diego GilMcCawley: international constitutionalmechanism but understudied A salient Assistance: Constitutional spreadglobal The neoliberalism of Nations United via Vijayashri Sripati: of UnderstandingtheCausesCrisisandWays Out Neoliberal andWelfareStrategies State Development of and Dragica Vujadinovic: Governance Shape theFutureto How DirectionLabour Global of Aneta Tyc: deontologial analysis Fromabusive – a constitutionalism intersectional to Leticia Kreuz: Diego GilMcCawley Seminario 1 Across Globe the Propagating Neoliberalism and Challenging

MON 15.25– 17.00 45 Presenters: Chairs: Room: Panel formedwithindividualproposals. 43 Bernardo Campinho: Rethinking Brazilian Democracy from aGenderPerspective Marina Bonatto&Leonardo Cabral: unbalanced legalenforcement in Brazil: corruption against Fight selectiveof the risk and Luísa Netto: Janaína Silva Allende Bascuñan2 participation ofwomeninBrazil Womenpolitical the a casestudyabout and Constitution: Janaína Silva: of Brazilian case densification the quasi-federalA prospective countries: agenda fromthe in constitutions state level atthesubnational rights fundamental infederal or of role The Marcelo Labanca: and Brazilian migratory law Law,International between the dialogue of light Constitution in theBrazilianexperience:constitutional in the ananalysis The differences theprocedures between refuge of and asylum Law and PoliticsLaw and inBrazil

PANEL SESSIONS II PANEL SESSIONS II Concurring Panels / Presenters: Chairs: Room: non-nationals andrefugeerecognition. of rights social analyze respectively law, administrative in immigration Okitsu, of and law, security social in development specializing Sekine, law. post-war the on focusing legislation, current the to history the from bridge a builds try atportsinthe19thcentury. Ohnishi,legalcomparatist, en their and territory the in visitors foreign on regulation Inayoshi, both historians, deal with the Meiji Government's and Iokibe perspectives. legal and historical from process this on light casts panel This globalization. and population its of aging the to response in transformation remarkable a undergone now has policy immigration its However,ty. homogenei national its (supposed) of and insularity because territorial control immigration effective an keep able to and expected been has Japan identity. solidarity, national social and integrity, territorial as respects such in states interests borders across people of movement The 44 Refugee StatusDetermination:Statev. UNHCR Yukio Okitsu: Laws: theCaseofJapan and ImmigrationSecurity Social of Implications The Mutual Yuki Sekine: The JapaneseImmigration Policy anditsLegalFundaments Nami TheaOhnishi: the 1860s Portsfor Regulations and HarboursinJapan's OpenPortsin Akira Inayoshi: Foreign Visitors to Regulate How of theJapaneseState: The Modernization Kaoru Iokibe: Yukio Okitsu Allende Bascuñan1 Japan's Experience Legal Approachand to State: the and AHistorical MovementThe ofPeople

MON 15.25– 17.00 - - 46 Presenters: Chairs: Room: Panel formedwithindividualproposals. 45 of punishment the farc-epstandard andtheinternational proportionality of peace agreementColombian the in penal sanction The with Fabio Estrada Valencia: and SociallyEngaged,butaPolitical Moralist Progressist,(2003-2013): Mendes Court The Pro-Freedom, João Andrade Neto: Reasonable RestrictionsinIndia Proportionality:of Shades Fundamental Freedoms and Shubhankar Dam: adjudication Proportionalityhuman rights zones of analytical in two Elena Drymiotou: It isnotallaboutbalancing:proportionality‘s necessitytest Virgilio AfonsodaSilva: Structured Proportionality AustralianCulture Constitutional of andtheReception Murray Wesson: Dam Shubhankar D302 the Worldthe Proportionality Around lines ofthistransformation, identifytheactorsinthisfield. central the analyze to seeks Panel This hydrocarbons. and and local institutions in the management of mineral wealth debate on the role that corresponds to citizen participation interesting an havebeen These communities. the of claims the to receptive was case-law constitutional Colombia, In UNDP.or Bank World the as such organizations national inter by promoted development century of conceptions 21st new the this of beginning the and century 20th the trends new of Latin American constitutionalism in thelast section of the as well as well-being, their and territory their of defense the affairs, local protect to dedicated ties communi hand, other the On resources. hydrocarbon and companies withconceptionofthemanagementmining mining protect to established centralized, highly a by med infor legislation a hand, one the on conflict: into entered At the beginning of the 21st century, two opposing forces 46 Concurring Panels / Presenters: Chairs: Room: Ramon Huapaya Juan CarlosCovilla Hector Santaella Federico Suarez D401 mineros otorgamiento detítulos enel ciudadana participación La

MON 15.25– 17.00 - - - 47 bution focused in particular empirical cases regarding the regarding cases empirical particular in focused bution Hèctor López Bofill. In addition, the panel includes a contri and Colón-Ríos Joel Oklopcic, Zoran by provided titution violence in the constitutional origins and the material cons between relations the on perspective theoretical the from tional democracies. The discussion counts with approaches constitu of foundations in abuse and coercion physical of importance the analyses panel present the framework, nal constitutio a of creation the in participation citizen tiveof descriptive theory on constituent power from the perspec a and normative a both developing on focused has larship scho law constitutional theory.predominant nal Whereas constitution-making traditionallybeen not byhas analyzed constitutio process the in violence of involvement The 47 Presenters: Chair: Room: such asthedigressionprovided by VitoBreda. foundations constitutional the in violence the of problem political powerintoviolence referendaCaledonian New The strategies andthe divertingof Vito Breda: of theConstitution Power,The Constituent theProblemand aTheory Violence, of Hèctor López Bofill: power, institutionalaimsandproductive forms constituent constitutions: and material Dark material(s) Zoran Oklopcic: Of HistoricalandMaterialConstitutions Joel Colón-Ríos: Francesca MariaPou Giménez Auditorio Claro Material Constitution Violence the and Constituent Power, ------

PANEL SESSIONS II PANEL SESSIONS II Concurring Panels / Presenters: Chair: Room: consolidation oftheexisting methodological discourse. of a towards perspectives new develop evaluation will methods existing critical A approaches. methodological the re-evaluate to benchmark a create methods research the and research comparative of purpose the between lation be will other.each linkedinterre to and The methods, discussed evaluated, knowledge-based and hermeneutical historical, empirical, like approaches, Different pluralism. thods but shall also discuss the potential of methodological me of plurality the up open to intend only not does panel The approaches. sciences-empirical social and meneutical legal-her between distinguishes law constitutional rative compa in methodology on debate ongoing The transition. Research methods in comparative constitutional law are in 48 Discussant Wen-Chen Chang: rison approachknowledge-based A towards compa constitutional Konrad Lachmayer: Analysis InterestsPublic inSovereignAn Empirical Litigation: Debt Matthias Goldmann: in Comparative ConstitutionalScholarship Illiberalismof Rise The as anInvitation Interdisciplinarityfor Renata Uitz: Law: BenignToleration orCriticalEngagement? InterdisciplinaryResearch inComparative Constitutional Theunis Roux: Konrad Lachmayer D402 constitutional research pluralism incomparative Methodological

MON 15.25– 17.00 - - - - - 48 Presenters: Chair: Room: Panel formedwithindividualproposals. 49 field ofIntellectualProperty Law Trustingthe in Courts Specialized Actors: Institutional New Esther vanZimmeren: Analysis ofTaiwan Experience GovernanceThe fromStarting Agencies- Independent of the Yu-Yin Tu: on theexample oftheGDPR. Sovereign?The Transition from Government Governanceto the without Regulating Regulation? without Regulating Robert Grzeszczak&JoannaMazur: and Bureaucrats inContestover Chile‘s Food Warning Label InterpretersCorporationsLaw: Economic International of Paul Mertenskötter &TimDorlach: participatory anddemocratic activity administration:public Consensual a newparadigm a of Renata BrindaroliZelinski: investors through theStatejusticemechanisms A two-tieredattract? –Orhowto system justice foreign Quentin Pironnet&Xavier Miny: Renata BrindaroliZelinski Auditorio CAP Decisionmaking Public Values inExpert Room: judicial system. the strengthening in country the by made progress the on debates triggered reform The reform. judiciary Romania‘s to isconnected example Another way. illiberal specific a in independence judicial perceive they thus system, beral illi the in socialized been have generation younger the of judges the system, illiberal consolidated Hungarian the In democracy.illiberal towards system the of transformation of politicalwillthePolish ConstitutionalTribunal servant enables as Acting crisis. in systems of examples three de provi panelists The violated. is balance institutional The arbiters. neutral as act to fail majority,they ill-founded by captured are courts judi if But role. The a such needed. plays usually is ciary arbiter independent an situation a such Toprevent competences. its overstep Parlia to However,tends ment power. Parliament delegated of democracy role a representative play should the in that tion presump a on based is independence judicial on panel The 50 Concurring Panels / Presenters: Chair: backsliding? reformsJudiciary progressin Romania: or democratic Mónika Márton: Customizing judicialindependence Tímea Drinóczi: court inPoland oftheconstitutional or politicization of politics Judicialization Agnieszka Bień-Kacała: Constitutional Courtsandrepresentative democracy Anna Tarnowska &Wojciech Włoch: Anna Tarnowska D405 hard times in Judicial independence

MON 15.25– 17.00 - - - - - 49 Presenters: Chair: Room: Panel formedwithindividualproposals. 51 Leticia Kreuz: Leticia Kreuz A102 way. Afirstapproach in thePeruvianamendments constitutional Unconstitutional Trilce Valdivia of theConstitution1988 specificities the considering importance democratic it's and reviewjudicial The Brazilin amendments constitutional of Arthur Passos ElHorr cycle of thedemocraticand the ending constitutionalism political 1988 BrazilianThe Constitution‘s abusive dismemberment: Daniel CapecchiNunes: amendments inBrazil democracyHow by constitutional undermined being is Rick Pianaro: Legislative candidaciesinBrazil Abusivefraudulentand the constitutionalism female America Constitutionalism inLatin Abusive and Amendments Constitutional Unconstitutional

PANEL SESSIONS II PANEL SESSIONS II Concurring Panels / Presenters: Chair: Room: Panel formedwithindividualproposals. 52 ciclo delaspolíticaspúblicas en Brasilalimentaria Seguridad del el enfoque bajo – Análisis &MiltonSouza: Fabiana Lanke, EduardoDomingues, ElianeAlmeida las comunidadesquilombolas contextode lasdiásporas afrobrasileñassobre derechos los de producida histórico-jurídica matriz de la impactos Los en el Guilherme Scotti&RodrigoGomes: Derechos Sociales Tribunaldel Rol El los de Eficacia la Peruanoy Constitucional Jhonathan Avila Romero: la informaciónpública a acceso sobre 20.285 Nº Ley la de promulgación la de años y administrativaconstitucional jurisprudencia a 10 chilena de interésderechocomo público en la fundamental, reconocimientoEl derechodel información a la deacceso Carmen DroguettGonzález: Constitucional Chilena Derechosy sudesarrolloImplícitos Jurisprudencia en la Ana MariaGarcia: ¿Es laseparación depoderes suficiente? Mariana Canales: Ana MaríaGarcía R510 Protección para su y Desafíos Nuevos Derechos

MON 15.25– 17.00 50 Presenters: Chair: Room: blind-spots? rights human these facing when enough doing Chile and US the in Courts Are separation? family and deportation detention, racialized of consequences long-term the are immigrants? Is it a legitimate exercise of sovereignty? What to protection constitutional deny to right the have states Do sociologists). two of presentations (through approach interdisciplinary an from and experience), field with PUC and Davis UC from faculty (having view of point practical and theoretical a from perspective, compared in reviewed is topic The deportation. and detention protection: rights nel focuses on one of the largest blind-spots in immigrants‘ pa This decades. recent in as shortcomings community‘s international and nation-states‘ the upon brightly so light a shined it had nor policy, public for issue pressing a such required has been it never had But states. most from legislation specific centuries two almost for and humanity, of history the in issue ever-present an been has Immigration 53 Eleonora López Contreras: Detention ImmigrationU.S. of Impacts and Human Social, Fiscal, The Caitlin Patler: Martín BernardoCanessaZamora D404 for Immigrants NarrativesThe Rights Restricted Justifying Courts U.S. the in Leticia M.Saucedo: the UScompared the Administration‘s Chile and powers todetainand deport: protection The constitutional of immigrants‘ against rights Tomás Pedro GreenePinochet: Chile: Unaexpresión delracismo estatal migrantesde poblaciones Deportación y Unidos en Estados perspective. aninterdisciplinary from ChilecomparedUS and The rights blind-spots. asfundamental deportation immigration detention and protection:Unequal - Presenters: Chair: Room: Panel formedwithindividualproposals. 54 Concurring Panels / teoría políticaylegal de notas de Chile: de laConstitución y legitimidad Origen Claudio Alvarado: amenazas para lasoberanía ylademocracia TratadosLos comercialesy laprivatización del derecho: Xavier Vence: indeterminación conceptual y el problemade la política La judicialización de su Federico Ambroggio: los derechos fundamentales para implicancias política: Igualdad y institucional eldiseño Esteban Szmulewicz: categoría históricaoabsoluta? ysusupervivenciaEstado El una Renacimiento: desde el Eduardo Esteva: Constitución yclientelismo Guillermo Otalora Lozano: Ámbitos excluidos delareforma constitucionalenelPerú Denis JuniorCahuanaMarca: Guillermo Otalora Lozano A101 y Democracia Soberanía, Constitución

MON 15.25– 17.00 51 bian and Mexicanand the frameworkexperiencesbian of the under Colom the exploring By perform. to unable) (or reluctant are they role a playing up end could they but governance, are often asked to step up their participation in transitional courts domestic And victims. or decision-makers,activists, national of those with collide sometimes may courts tional priorities, legal doctrines, or strategic incentives of interna The controversial. sometimes is context this in judication However,ad America. Latin in governance transitional of Courts play a pivotal role in the design and implementation 55 Presenters: Chair: Room: transitions intheregion. dialogue and commands, could foster (or hinder) successful between standards, flexible and rigid between choice the how on focusing settings transitional in adjudication lying under tensions the of some discusses panel this (ICCAL), Latina América en Commune Constitutionale Ius project Colombian Casefrom aCoevolutionary Perspective Inter-AmericanizationThe Transitionalof The Justice: Manuel Góngora The JudicializationofPeace Alexandra Huneeus: Control andtheNationalMarginofAppreciation the Conventionalityamidst System: Human Rights American in transitionalvictims of Rights contexts the Inter- vis-a-vis Juana Acosta: justice underreview AyotzinapaThe self-restraintdecision: and transitional Ana MariaIbarra: Rene Uruena D303 Colombia Mexico and Constitutionalism in Transformativeand Transitional Governance Peace?Enduring Courts, Flexible Justice, - - - -

PANEL SESSIONS II PANEL SESSIONS II Concurring Panels / Presenters: Chairs: Room: to formerempires. home states between relationships colonial renewing and South. Panellists willexplore howtheISDSisreshaping cular interestaretheimplicationsforstatesinGlobal parti Of lens. (post)colonial a through law constitutional and law investment between relationship the upon will focus panel This resources. natural their over exercise sovereignty to things, other among seek, states these when circumstances in compensation claim to and states lonized deco newly sue to investors enables justice of form tized protecting the property of metropole investors. This priva for invasion, armed of short means, effective most the as to the period of formal decolonization, when ISDS emerged traceable are origins It order. legal transnational new this by served are that part, functions constitutional the of in because controversy, of deal great a attract (ISDS), to continues settlement dispute investor-state protection, of standards its enforcing for mechanism law‘s Investment 56 investment intheGlobal South rethinking empirical An foreignof concept hegemonic the of Federico Suarez: disputes over natural resources approach: A (post)colonial beforeColombia and the theISDS Ximena Sierra: InvestmentFormalLaw‘s EmpireConstitutional and Informal David Schneiderman: Protection Regime Lawyers andthePost-Colonialthe Investmentof Construction Are We“What in Europe Doing Then?“Latin-American Guillermo Moro: constitutional control The BITsa new equality: of andtheprinciple inColombia Magdalena Correa: David Schneiderman Federico Suarez Sala JuicioOral (Post)Colonial Perspective Constitutional Law From a Investment Law and

MON 15.25– 17.00 - - - 52 Presenters: Chair: Room: nation-state citizenship. an offering empirical and theoretical evaluation of the present state of perspectives, from sociological and transformations legal these multiple discuss will four presentations The states. citizenship-granting vis-à-vis trumental ins and strategic more becoming by situation new this to respond ground the on Individuals state. a in inclusion and is becoming ever capital more important as a criterion for admission economic membership: state of marketization the towards move broader a is trends two these Bridging refugees. economic and political by especially migration, im to approach restrictive increasingly an taken recently have governments many hand, other the On crimination. anti-dis to commitment tolerationgrowing a and citizenship dual increased of an citizenship, EU with the of consolidation regimes, liberal and flexible increasingly adopt ges. On the one hand, the past decades have seen countries dramaticundergoing chan are citizenship of contours The 57 The Marketization ofStateMembership Kristin Surak: Citizenship's UnnecessaryFuture Dimitry Kochenov: Citizenship 2.0:DualNationalityasanAsset Yossi Harpaz: The Marketization ofCitizenshipinanAgeRestrictionism Ayelet Shachar: Martijn vandenBrink FD101 New Frontiers ofCitizenship - - - - Law andHumanRightsdealwithbiomedicalissues. Public how analyse to attempt will and law international and national at look will panel This globalization. of times in issues biomedical regulate to inadequate today is Law Rights Law? One other aspect is to know if Human domestic Public or Law Civil Law, Medical by regulated be issues biomedical Should issues. biomedical regulate should Law tant role.Oneoftheseaspectisalsotoknowwhichfield impor playsan practicestill medical Nowadays,the tance. by deontology, regulated medical ins as for such norms of kind another be issues these let or practises biomedical towards takeposition should a he whether wondering was legislator the Indeed, issues. biomedical regulate should deontology medical or Law whether know to is aspect se the of One severalaspects. on ‘90s early - ‘80s mid- since issues biomedical with challenges encounters Law Public 58 Concurring Panels / Presenters: Chairs: Room: Discussant Manon Altwegg-Boussac: Discussant Tanya Hernandez: France andGermany frameworkthe legal The changeof governing Surrogacy in Laurie Marguet: Legal ConsequencesofGeneticTextuality Judit Sandor: new challengesforpublicandprivate law researchGenetic and Old (HBS). samples biological human on Enrique Santamaria: concepts butsametypeofprotection assisted reproduction in French and in GreekDifferent Law: Reproductive– reproductive technologies Medically rights? Maria Kalogirou: Grainne DeBurca Auditorio Card.Oviedo biomedical issues biomedical rights concepts and onhuman Reflection ofchange. in times Public law bioethics and

MON 15.25– 17.00 - - - 53 Chair: Room: historical andcomparative perspective. dress questions of constitutional design from a theoretical, ad will panel The law. public in under-regulated and rized under-theo Yet,are values. parties constitutional political shaping and debating for platforms as and people the and representatives the between intermediaries as serveThey tioning of separation of powers in constitutional systems. func the affect fundamentally parties Political titutions. ins law public as parties political treat to need growing a eraxenophobiaan populism, is In of there nationalism, and 59 Presenters: Auditorio P. Aylwin Discussant Rivka Weill: Party andtheParty from itsBase the Party:Constitutionalising Protecting from theState the Tarun Khaitan: from BagehotandDicey Politicalof Theory Law Public The Parties: Preliminary Notes Sujit Choudhry: Political Parties andConstitutional Values Stephen Gardbaum: Julie Suk Constitution Political the Parties and - - - -

PANEL SESSIONS II PANEL SESSIONS II Concurring Panels / Presenters: Chairs: Room: Panel formedwithindividualproposals. 60 Shifting “shifting legal visions“ in Argentine constitutional law constitutional in Argentine visions“ legal “shifting Shifting Paola Bergallo: Affordability Frameworkand Economics Legal Drug in Optimization for Rawin Leelapatana &SeksiriNiwattisaiwong: Justiciability oftheRighttoHealthinChile Rodolfo Figueroa: the principleofsubsidiarity Governance,Health Global centralizationthe approach, and Thana deCampos&MarianaCanales: globalization healthyin thecontext food andsustainable imperial of “Enclosures“the “common“ of adequate, to inthehumanright ExodusResistance, Desertion, Disobedience: and Civil Leonardo Ribas: Brazilian unifiedhealthsystem:isitegalitariantobegratuit? Bárbara Bertotti: Bárbara Bertotti Sala Mediación Nutrition FoodRights to and Health,

MON 15.25– 17.00 54 Reply tocommentators: Commentators: Chair: Room: opening thefloorforahalfanhour'sdiscusion. more its on contentious claims.Theauthorwillreplytoeachbefore author the probe and book on the reflect of will elements Britain and Germany Kong, Hong States, United the Canada, from jurists panel, this On world. the around lawyers public to accessible and interest of be will which thought constitutional in ideas central of rendering systematic a delivering one but theory, constitutional work of a is It light. best its in constitutionalism put to king see values, these of each of account integrated It an offers subsididarity. and democracy society, civil law, of rule the powers, of separation itself,sovereignty,the tionalism constitu of idea the explores book The Constitutionalism. of Principles The book, recent most his of aspects discuss world the of parts different from scholars leading see will and Law Constitutional panel This Oxford. of TrinityUniversity at College, of Theory Professor the is Barber NW 61 Nicholas Barber Mattias Kumm Peter Oliver Cora Chan Vicki Jackson Jeff King A103 University Press, 2018) Constitutionalism (Oxford PrinciplesThe of Book Panel: NW Barber, - - Room: strengthen populism? and democracy representative in distrust popular foster rather it Does powers? of separation strengthen instead or violate it democracy?representativeDoes and liaments Par of crisis the to answer viable a paternalism titutional cons is state: constitutional the developmentsto these by cising their powers. Panelists will explore challenges raised position withintheconstitutionalsystem,simplyby exer their safeguard to powers and authority entitled appropriate with be would Parliaments cases, many in as, notion, paradoxicalslightly A paternalism“:“Constitutional as ded noeuvre for representative actors. This trend can be regar ma of space a safeguarding their at aiming in interest, supposed parliaments, of guardians as are acting courts increasingly constitutional and Supreme ‘structural review‘? a judicial conduct courts do How institutions? cratic demo the strengthen and promote courts Can order? nal What istheroleofcourtsintransforming theconstitutio 62 Concurring Panels / Presenters: Chairs: Discussant Samuel Issacharoff: Guardian oftheKnesset Paternalism:Constitutional The Israeli Supremeas Court Yaniv Roznai: Socioeconomic RightsCases The (Contingent)Issue aStructuralto Obligation Remedyin David Landau: populism“ and “techno- crisis ofparliaments paternalism, Constitutional Pietro Faraguna: Defending democracy byprotecting parliamentaryrights Michaela Hailbronner: Aileen Kavanagh Aquiles Portaluppi Constitutional Paternalism Constitutionalism and Transformative

MON 15.25– 17.00 ------55

PANEL SESSIONS II Tuesday 2 July 2019 08.20 – 09.55 Panel Sessions III

56 63 Are classical concepts 64 Author meets readers: of constitutionalism How to Save a collapsing? Reflections Constitutional Democracy on the contemporary Democracies are in trouble all around the world, with dan- mutations of gers of erosion not only in new and recently “consolidated“ democracies, but in established democracies of long stan- constitutionalism ding. How to Save a Constitutional Democracy provides an analysis of the mechanisms of democratic decline as well as The mutation of Constitutional Law concepts is custo- some possible remedies in constitutional design. This panel mary, especially in times of change. Their elasticity is wi- will present critical commentary. dely discussed, sometimes in terms of resistance to those mutations, sometimes in terms of new challenges to be included. However, the movements within mutations are Room: difficult to grasp. Indeed, they are either explicitly recogni- Auditorio Claro zed and defended on a theoretical level (i.e., discourses on global constitutionalism), or sometimes the change occurs Chair: in a more invisible way (i.e., conditions of constitutional Tom Ginsburg interpretation). No matter the ways these changes occur, classical constitutional concepts seem to be torn apart. Are Commentator: these concepts indefinitely extendable? The purpose of our panel is to focus on these movements (coming from legal Roberto Gargarella discourse, jurisdiction or philosophy of law) - on the way Discussants: they operate and the way they justify/or not these concep- tual changes - and on the nature of their consequences on Francisca Pou Gimenez PANEL SESSIONS III PANEL discourses and principles relating to constitutionalism. Ran Hirschl Michaela Hailbronner Room: Reply to commentator: Auditorio A. Silva Aziz Huq Chair: Mark Tushnet Presenters: Manon Altwegg-Boussac & Patricia Rrapi: Between liberal constitutionalism and new representations of constitutionalism: when constitutional concepts are swinging Andras Jakab: The Nature of Constitutional Concepts Mattias Kumm: Continuity and Discontinuity in basic constitutional concepts: Three transformations Andrea Abi-Nader: External actors in constitution making: does constituent power still have its place in constitutional theory Laetitia Braconnier-Moreno: Rights of Nature or community right in new constitutionalism? Stephen Gardbaum: Discussant

Concurring Panels / TUES 08.20 – 09.55 57 65 Membership and 66 Antidiscrimination Law Exclusion and Religion: Theorizing The constitutional identity of a ‘people‘ within a nation sta- the Relation te can be affected by legal categories of membership and An increasingly contested domain of public law involves exclusion, as understood and applied by institutional ac- conflicts between antidiscrimination norms and claims to tors: judicial, legislative and/or executive and others. Those religion and religious belief. Cases such as Masterpiece categories may be informed by cultural norms, global deve- Cakeshop, Ashers Baking Company and Jews Free School lopments and historical compromises. This research group have presented complex questions for courts. Despite di- will be a network for scholars exploring the ways in which fferences in spatial geography, culture and religious tra- constitutions can and do perform the role of defining com- ditions, and despite divergences in reasoning and result, munity. This panel focuses on these issues from the pers- there is a discernable modularity in how antidiscrimination pective of a particular state (or sub-national level of gover- law functions in these cases as a distinctive aspect of the nance) or set of states - from a comparative perspective, rationality of the modern secular state. This panel explo- across time or space - or from philosophical, theoretical or res this relationship in modern public law jurisprudence doctrinal perspectives. on three questions: First, how does the public/private divide in not only shape but is itself transformed in these Room: conflicts? Second, how does the right to religious freedom relate to and underpin the reasoning in these cases? And LLM94 third, how do the largely unarticulated grounds and justifi- Chair: cation of antidiscrimination law itself apply to the domain demarcated as “religion“? Octaviano Padovese Presenters: Room: PANEL SESSIONS III PANEL Amelia Simpson: D402 The inclusive potential of ‘judicial power‘: Australian Chair: developments Mark Graber Dorota Pudzianowska & Piotr Korzec: Presenters: ‘Undeserving‘ individuals and what does it tell us about the statelessness legal framework? Ioanna Tourkochoriti: Octaviano Padovese: The Same-Sex Marriage Cake cases and the Forced Speech Argument Friend and Enemy in the age of rhetoric of crisis Peter Danchin: Fabian Steinhauer: The Antinomies of Antidiscrimination Law and Religious Legitimation and “Gründungsbilder“ Freedom Lena Salaymeh: Religion is secularized tradition: the case of Jewish and Muslim circumcisions in Germany

Concurring Panels / TUES 08.20 – 09.55 58 67 Constitutional 68 The Global Public Law of Experiments in Latin Private Infrastructure

America: The Quest for Infrastructures—physical, informational, digital—can have Effective Constitutional regulatory-type effects. These include requiring, preven- ting, channeling, enabling, and nudging particular human Entrenchment and social behavior. Infrastructures and their regulatory Mechanisms – Part 1 effects, in turn, interact, compete and are shaped by law. As infrastructures become ever more globally intercon- Latin America is often perceived as a region where the nected, new questions emerge regarding the governance rule of law is unstable and the constitutions are frequently structures that shape their regulatory functions. This pa- replaced. However, Latin America also offers a rich—and nel, convened by the “InfraReg“ project of NYU‘s Institute many times under-researched—history of institutional for International Law and Justice, addresses the role of experiments seeking to enforce the constitutions to gua- global public law in enabling, structuring and regulating the rantee relevant democratic principles. Some of those ex- development of infrastructures by private actors. The pa- periments are novel, and some are adaptations of Euro- nelists will consider the various effects of public law on the pean or American constitutional ideas. This panel is part promise, creation, operation, maintenance, repurposing, of a larger symposium that seeks to identify the conditions and repair of infrastructures. The panel will be structured that explain the success or failure of those constitutional as an open conversation and will leave plenty of time for experiments by examining case-studies from Brazil, Chile, engagement with the audience. Colombia, Ecuador, Mexico, and Uruguay. This first part of the symposium will discuss case-studies focusing on parti- cular entrenchment mechanisms of Colombia, Brazil, and Room: Mexico. D401

Chair: SESSIONS III PANEL Room: Benedict Kingsbury Auditorio E. Frei Presenters: Chair: Kevin Davis: The Effects of Corruption in Infrastructure Contracts Joel Colon-Rios Cecilia Garibotti: Presenters Infrastructure (re)development in post-privatization Vicente F. Benítez-R: Argentina The people as semi-guardians of the Constitution: Actio Nahuel Maisley: popularis and judicial review of amendments in Colombia Infrastructure as a Trump Card: Global Public Law and the Karina Denari Gomes de Mattos: Centrality of Infrastructure Development in Public Policy The civil society of public prosecutors: the constitutional Debates path for the Brazilian Ministério Público's major role in group Alejandro Rodiles: litigation Transnational Infrastructural Initiatives and the Changing Mariana Velasco Rivera: Paradigms of Law and Development The Political Sources of Amendment Difficulty. A Comparative Rodrigo Vallejo: Study between the United States and Mexico Discussant Joel Colon-Rios: Discussant

Concurring Panels / TUES 08.20 – 09.55 59 69 Inter-American Human 70 Towards a "BRICS-Law" Rights and the Future of Global Panel formed with individual proposals. Governance The current global governance debate, a debate suppo- Room: sed to prepare the establishment of a future global legal order, is facing challenges from legal pluralism, increasing LLM91 regulatory complexity and constant change. A global legal Chair: order of the future must necessarily combine through the comparative method the often fragmented fields of public Jorge Contesse law that is to say constitutional and administrative law, Presenters: both national and international. Additionally, it must also include and integrate in a coherent manner the fields of Victorino Solá: both international private and private international law (or ¿Carl Menger in San José de Costa Rica? Judges, interpretation conflicts of law). The present panel thus presents the coo- and rights peration between the BRICS countries (Brazil, Russia, In- dia, China and South Africa) as a new model of global legal Walter Carnota: cooperation. The panel discusses the various advantages Evolution at the Interamerican Court of Human Rights: Right and disadvantages of the BRICS cooperation due to its slim to health institutional setting and more flexible legal framework by identifying a different area of law in which they can make Gonzalo Candia: a difference. Facing new challenges at the Inter-American Commission on Human Rights: The procedural delay as a substantive —and Room: PANEL SESSIONS III PANEL not only procedural— problem. Sala Reuniones LLM Juan Mecinas & Ricardo Uvalle: Chair: Mexican National Guard: Conventionality and public aims Iris Eisenberg Jorge Contesse: Presenters: Ruling Through Advice: The Use of Advisory Jurisdiction in International Human Rights Law Michel Levi: The Future of Legislation in Regional Organisations Alexandr Svetlicinii: The BRICS Countries and Their Cooperation in the Field of Competition Law and Policy Lilian Hanania Richieri: Promoting Creativity and Cultural Diversity in the BRICS in the Digital Age Rostam J. Neuwirth: Towards a “BRICS-Law“ and the Emergence of New Sources of Law Denis de Castro Halis: Discussant

Concurring Panels / TUES 08.20 – 09.55 60 71 International Law of 72 Comparative Election Law: Global Economy in Times Constructing Democratic of Change: Moving Regimes Paradigms Democracy does not implement itself - a society‘s commit- ment to govern itself democratically can be effectuated Today international economic law would more than ever only through law. Yet once law appears on the scene, sig- find itself in unsettling times. All the three pillars of interna- nificant choices must be made in constructing any system tional economic law are facing challenges. The long-lasting of institutions designed to produce workable, democra- unsuitability of the WTO to keep on being a negotiation tic self-governance. This panel will address some of the forum is well-known and now the Appellate Body is fading foundational systems typically utilized by nations to build away. Turning to international investment law, a recurring regimes of democratic self-rule, with special attention to theme is the backlash against investment arbitration. Mo- two questions. First, what do choices about the legal struc- netary law is rapidly facing a change of paradigm, with the ture of democratic regimes reveal about the underlying emergence of discussions surrounding Stateless curren- assumptions and preferences of the societies that make cies. More generally, the ‘migratory crisis‘ is the occasion these choices? Second, how successful are the various re- for questioning the functioning of supranational economic gimes at implementing the foundational commitments of mechanisms and their participation in the problems raised their respective societies? The papers presented by the pa- by a development policy that may show its dark sides. This nelists will be included as chapters in a forthcoming com- panel will explore the ongoing changing movements happe- pilation, Comparative Election Law (Edward Elgar 2020), ning in international economic law. The guiding idea will be edited by the panel chair. to show how crisis entails the transformation of classical paradigms of the law of Global Economy. Room:

Room: A102 SESSIONS III PANEL Auditorio P. Aylwin Chair: Chair: James Gardner Hélène Ruiz Fabri Presenters: Presenters: Yasmin Dawood: Henok Asmelash: Constructing the Demos: Voter Qualifications, Participation, and Suppression in Comparative Context Regulating International Trade in the Age of Rising Economic Nationalism James Gardner: Edoardo Stoppioni: Conceptions of Politics in Comparative Perspective Critical Approaches to International Investment Law: Voicing Michael Pal: the Needs for Change Recognition and Protection of Political Rights Alain Zamaria: Patricia Popelier & Jochgum Vrielink: Towards a Trustless Crypto-Monetary Order? A Constitutional Perspective on Electoral Gender Quotas Janine Silga: Pablo Riberi: Financial instruments in the EU external migration policy: Theories of Representation Moving towards a generalised migratory conditionality?

Concurring Panels / TUES 08.20 – 09.55 61 73 Law and Technology in 75 Constructing and Context I Constraining Courts Panel formed with individual proposals. Panel formed with individual proposals.

Room: Room: Seminario 3 LLM92 Chair: Chair: Magdalena Jozwiak Iyiola Solanke Presenters: Presenters: Magdalena Jozwiak: Iyiola Solanke: Data is political A Public Health Approach to Judicial Diversity Mário Barata: Scott Stephenson: Data privacy, terrorism, and the need to amend the Constitutional Conventions and the Judiciary portuguese constitution Alessandro Ferrara: Ana Cristina Aguilar Viana & Lucas Saikali: Legitimacy and Reasonability: Reflections on Judicial Review Diamond blood: cyberdemocracy and social exclusion Ranieri Lima-Resende: Paloma Krõõt Tupay: Separate Opinions in the Inter-American Court of Human

PANEL SESSIONS III PANEL Estonia, the digital nation – reflections on a digital citizen‘s Rights: Institutional and Individual Performances rights João Andrade Neto: José Lyon: The (mis)representation of constitutional courts‘ decision- The dangers of legislative nostalgia: the application of making: do the people have a role to play in this mythological received legal categories to new tecnologies tragedy? Mariana Rezende Oliveira: Which democracy?: Questioning courts as democracy builders 74 Gender ideology and constitutional debates The panel seeks to identify new and old constitutional ar- guments and framings over gender ideology, feminist and conservative legal mobilization experiences in European and Latin American countries.

Room: LLM93 Chair: Paola Bergallo Presenters: Mary Anne Case: Developments in the Demonization of “Gender Ideology“ Alicia Ely Yamin: Reframing Sexual and Reproductive Rights Battles Paola Bergallo: Constitutional framings and the struggle to liberalize abortion in Latin America

Concurring Panels / TUES 08.20 – 09.55 62 76 Third World and 77 Socialist Legal Orders Decolonial Approaches to The papers consider the ways in which socialist legal or- Constitutional Law ders differ from other forms of legal order, and the tensions that can arise when socialist and non-socialist legal orders Papers in this panel will deal with Third World Approa- interact. ches to Constitutional Law and with the Docolonisation of Constitutional Law. As understood by Amaya Alvez, in La- tin America the Third World Approaches to Constitutional Room: Law have been engaged with studying, for instance, how the titularity of fundamental rights has been widen as in D302 Ecuador - how Bolivia can be seen as an exemplar of a pluri- Chair: nationalism, and how Chile's colonial past and the demands of indigenous peoples continue to be ignored. Papers enga- Nicholas Barber ged with the project of decolonising Constitutional Law will study constitutions in the context of the history of modern Presenters: imperialism. In this way, they can deal with declarations of Cora Chan: independence and constitutions adopted in the aftermath of Independence or Decolonization, and explore how those Thirty years from Tiananmen: China, Hong Kong, and the circumstances permeated them. They can also elaborate ongoing experiment to preserve liberal values in a Leninist on the adoption of Eurocentric principles that marginalised legal system indigenous normativities in Africa, America and Asia. And Ruiyi Li: on how constitutions legitimise and resist neo-colonialism How to understand the organizational form of political power and internal colonialism today. in China? PANEL SESSIONS III PANEL Room: Ewan Smith: Legality and Socialist Legality Seminario 2 Anna Lukina: Chair: Soviet Human Rights: an Oxymoron? José Manuel Barreto Presenters: Germán Sandoval: Constitution as Nationalism and Constitution as a Corporation: Decolonise and Dispense the Law Tatiana Cardoso Squeff: The treatment of women in a patriarchal society: The case of constitutional amendments in Brazil Jose-Manuel Barreto: The colonial and anti-colonial character of Colombian Constitutional Law

Concurring Panels / TUES 08.20 – 09.55 63 78 Exercise of rights of people 79 The Domestication of with intellectual and International Criminal psychosocial disabilities in Justice: Chile After the Latin America “Pinochet Case“ This panel critically analyzes problems of the exercise of Chile is one of the originating contexts of the burgeoning rights of people with intellectual and psychosocial disa- sociolegal field of transitional justice. Its trajectory in bilities (hereinafter PD) in Latin American legal systems. post-authoritarian truth, justice and reparations has re- We identify tensions between national regulations and gularly made international headlines. Twenty years after obligations established by the Convention of Rights of the 1998 “Pinochet case“, the judicialization of transitio- People with Disability, and we make proposals to help the nal legacies in Chile‘s domestic courts and related policy demand for equal recognition before the law of PD addres- debates, continue to generate challenging legal dilemmas sing needs for support and safeguards in decision making relevant to the entire international criminal justice project. in different contexts of PD‘s lives. We assume that this is a Domestic atrocity crime prosecutions meanwhile repea- central issue for the effectiveness of the rights recognized tedly confront remaining institutional and constitutional by the CRPD with respect to PD and for the fulfillment of authoritarian enclaves, legacies of imperfect democrati- the duty of promotion, protection and assurance of the en- zation. In this panel, protagonists and analysts of Chile's joyment of their rights by the State. Its proper treatment transitional justice trajectory will explore issues including will allow us to advance in the satisfaction of the promises the challenges presented by enforced disappearance, the of social inclusion and respect towards these people, con- constitutionality of inquisitorial system-era evidentiary tributing to the elimination of the forms of discrimination, rules in present-day atrocity crime investigations and the exclusion and stigmatization of which these people are vic- recent role of the Constitutional Tribunal in underwriting tims. impunity. PANEL SESSIONS III PANEL Room: Room: Seminario 1 Allende Bascuñan 2 Chair: Chairs: Pablo Marshall Pietro Sferrazza Presenters: Francisco Bustos Viviana Ponce de León: Presenters: Electoral exclusion of people with intellectual, cognitive and Cath Collins: psychosocial disabilities in Chile La Ropa Sucia Se Lava en Casa: Chile and the Domestication Paula Gastaldi: of International Criminal Justice The right to vote of persons with disabilities: an analysis from Daniela Accatino: the Social Model of Disability Los juicios por violaciones de derechos humanos en Pablo Marshall: juicio ante el Tribunal Constitucional: una defensa de la Avoiding stigma and discrimination when providing inclusion, constitucionalidad de las reglas de prueba aplicadas accessibility and support: the case of the right to vote of Francisco Bustos: people with disabilities El Tribunal Constitucional como mecanismo (in)formal de Renato Constantino: impunidad Towards the end of disability-based paternalism?: Some Pietro Sferrazza: thoughts over the concept of 'safeguards' in the recent Civil Code Reform in Peru on the legal capacity of persons with La búsqueda de las personas desaparecidas en Chile: disabilities reflexiones críticas Renata Bregaglio: Same rights and same duties: Criminal liability of persons with disabilities

Concurring Panels / TUES 08.20 – 09.55 64 80 Constitutional Theory: 81 Nation-States and New and Old Challenges society facing migration.

Panel formed with individual proposals. Attempts of dialogue and proposals pro homine Room: from Latin America. Allende Bascuñan 1 One of the most relevant challenges in the government of migration arises from the necessity to coordinate public Chair: policies and initiatives taken by States and stakeholders. Martin Krygier Migration alters the political map of the Latin-American region and creates tensions among the States involved Presenters: in the reception of migrants. Therefore, the adoption of Brigitte Leal: common and integral public policy on migration, capable of understanding and governing the phenomenon in its Facing Up Fact Uncertainty: A Complexity in the Public Law multiple dimensions is urgent. This panel contributes to a Litigation Model contextual, complex and wide understanding of migration Guilherme Scotti & Marcos Queiroz: in the region, since it offers instruments to understand the behavior of the Colombian state in relation to migration Fundamental rights as an aperture to the past: Dialogues from the historical perspective - it studies the experiences between Ronald Dworkin and the post-colonial theory and learnings from other countries and, at the same time, Octaviano Arruda: it offers useful insights for policy makers - finally, it deba- On Legal Interpretation: nomos, violence and romantic tes the challenges and opportunities for the private sector constitution brought by migration. PANEL SESSIONS III PANEL Leonardo Cofre: Room: Reconciling the is/ought divide in constitutional theory FD-101 Fernando Contreras: The problem of legalism: Lon Fuller‘s critique of HLA Hart‘s Chairs: Rule of Recognition Carolina Moreno Martin Krygier: Gracy Pelacani What‘s the point of the rule of law? Presenters: Juan Manuel Amaya Castro: Colombian and the Venezuelan exodus: between a normative and international institutional managerialist approach Gracy Pelacani: Challenges and opportunities for a regional approach to migration in Latin America Miguel Alejandro Malagón Pinzon: A History of Migration in Colombia: 1850-1957 Carolina Moreno Velasquez: The Venezuelan migration in the Current Colombian Context: A Challenging Balance between Centralization and Decentralization Anna Luisa Walter de Santana: Business responsibility and migration: dialogues for the protection and promotion of human rights

Concurring Panels / TUES 08.20 – 09.55 65 82 Innovative reasoning in 83 New Social Challenges the Inter-American human for Public Law

rights system: facing Panel formed with individual proposals. contemporary human rights challenges Room: Human rights law faces new challenges, such as economic Auditorio CAP injustice and the lack of effective protection of economic, Chair: social and cultural rights, or violations by global business corporations and other non-state actors. The Inter-Ame- Andrea Cristina Robles Ustariz rican Human Rights bodies are responding to these cha- llenges by incorporating innovative judicial reasoning and Presenters: interpretation methods. These methods, however, stretch Felipe Bravo: international law norms in ways that risk producing a bac- Consumer law from a public law outlook klash against the decisions of these bodies and the effecti- ve protection of human rights. The panel addresses some Fulvio Costantino: of these innovative methods in a critical way, suggesting New wine and old wineskins. Sharing economy between ways to improve their effectiveness within the boundaries global platforms and local regulations. of public international law. Mariana Lucía Burgos Jaeger: Room: The end of the interdiction for disability in Peru: a blow to the legal paternalism D405

PANEL SESSIONS III PANEL Seksiri Niwattisaiwong & Rawin Leelapatana: Chair: The Karma of ‘being disabled‘ in Thailand: the tension Pier Paolo Pigozzi between religious belief, law, and economics Presenters Andrea Cristina Robles Ustariz: Andrés Felipe López: The obsolescence of human beings in the era of globalization 4.0: the “big short“ for human capital through the lifelong Empresas y derechos humanos en el Sistema Interamericano learning principle María Angélica Benavides: Klaus D. Beiter: La buena fe en la interpretación judicial internacional de los Where Have All the Scientific and Academic Freedoms Gone? derechos humanos And, What Is ‘Adequate for Science‘? Crucial Guidance on the Álvaro Paúl: Interpretation of the Right to Enjoy the Benefits of Scientific Progress and Its Applications Dos visiones del control de convencionalidad Soledad Bertelsen: La referencia al derecho local en la jurisprudencia de la Corte Interamericana de Derechos Humanos Pier Paolo Pigozzi: Discussant

Concurring Panels / TUES 08.20 – 09.55 66 84 Courts Against or in Favor 85 The People in of Democratic Decay? Constitution-Making

In constitutional theory, judicial authorities are supposed and -Changing to work as the last defense against aggressions to demo- cratic institutions and fundamental rights. Political prac- Panel formed with individual proposals. tice has shown that such presupposition can be sound in some opportunities but flawed in most of the cases. The Room: first decades of the 21st century revealed serious challen- ges to constitutional democracy, in a way that made acade- D404 mics, public authorities and civil society groups hope that courts can control the rising of authoritarianism. However, Chair: are judges and tribunals the proper forum to defend demo- Sophie Weerts cracy? Or, on the other way around, can judicial authorities contribute to democracy decay? Have the judicialization of Presenters: politics poisoned tribunals‘ proper role in liberal democra- Aya Fujimura-Fanselow: cies? This panel aims at debating possible answers to these questions, relying not only on Constitutional Law lens, but Citizen-led inquiries as a form of resilience in the global and also on empirical data and comparative analyses of diffe- national order: opportunities and challenges rent jurisdictions. Sophie Weerts & Clarissa Valli Büttow: Constituent Power 2.0 Room: Jamil Civitarese: R510 Constitutional Design and the Optimal Level of Deliberation PANEL SESSIONS III PANEL Chair: in a Society Emilio Meyer Gabriel Negretto & Mariano Sánchez-Talanquer: Thomas Bustamante Constitutional Origins and Liberal Democracy: The Impact of Elite Cooperation and Mass Participation Presenters: Alan Greene: Emilio Meyer & Mariana Oliveira: Parliamentary Sovereignty and the Locus of Constituent Moderating Powers? Military and Judges in Brazilian Power in the United Kingdom Undemocratic Revival Juan Diego Galaz: Diletta Tega: The right to resist: changing the paradigm from the obligation The Italian Constitutional Court in-politics to obey, to the right to participate Tom Daly: The Mutation of Juristocracy in the Context of Global Democratic Decay Estefânia Barboza & Adriana Inomata: The Brazilian Judiciary Under Attack Conrado Mendes: Judicial collaborationism in the guise of “classic separation of powers“ Thomas Bustamante & Evanilda Bustamante: Barroso‘s Theory of Constitutional Legitimacy: A Critical Approach

Concurring Panels / TUES 08.20 – 09.55 67 86 Constitutional Politics in 87 Nuevos retos de la Latin America construcción de la

Panel formed with individual proposals. decisión administrativa y su control judicial Room: Panel formed with individual proposals. Sala Juicio Oral Chair: Room: Andrés Pavón Mediano Sala Mediación Presenters: Chair: Nilo Rafael Baptista de Mello & Vanessa Cristine Cardozo Hector Santaella Cunha: Presenters: Brazilian Public Law Reactions to the Conservative Wave: Irit Milkes: Reaffirming constitutional values Abnegación del Derecho y el control judicial de la decisión Andres Pavon Mediano, Diego Carrasco & Diego Pardow: administrativa en el derecho Colombiano Estimating judicial ideal points in the Chilean Supreme Ramon Huapaya: Court‘s public law chamber Control judicial de la decisión administrativa (PERU) Andres Vodanovic: André Saddy: Legitimacy of the Constitution and legitimacy of judicial PANEL SESSIONS III PANEL review: the Chilean case Control judicial de la decisión administrativa (BRASIL) Karina Denari Gomes de Mattos & José Ribas Vieira: Christian Rojas: Measuring Judicial Compliance in the 21st Century: critical Metodologia de control y metodología direccional para la thoughts on contemporary literature and Court's initiatives adopción de decisiones administrativas Bruno Camilloto: The branches of government and the Brazilian crisis of democracy: a case of Dilma Rousseff impeachment (2015- 2016)

Concurring Panels / TUES 08.20 – 09.55 68 88 Democratic change or 89 Socio-Economic Rights democratic dissolution? 2.0: Old questions, new The Populist challenge to approaches Liberal Constitutionalism The Colombian Constitutional Court has a long trajectory After being celebrated in the ‘90s as the “the only game in in the protection of Socio-Economic Rights. The Court has town“ or the “final form of human government“, liberal de- protected these Rights through Constitutional Review (Tu- mocracy is nowadays facing a deep crisis that has become a tela and C-Cases). This practice has generated an intense major concern in public law. Several constitutional systems academic debate on at least the following issues:(i) the de- worldwide are confronted by the upsurge of populist/na- finition of the justiciable content of rights in a context of tionalist movements. In Europe, migratory flows, economic deep socioeconomic inequalities, poverty and transition crisis and Brexit are showing the weakness of the EU fra- - (ii) the adequate institutional design of the judicial inter- mework – even questioning the supranationalist project – vention on Social Rights - (iii) the type of judicial remedies but also challenging traditional categories of constitutional and its efficacy in local contexts of institutional weakness law, such as “sovereignty“ and “people“. On the other side - (iv) the potential democratic character of some of these of the Ocean, both the election of President Trump and the remedies - (v) the uses of international law in local deci- crisis faced by Latin American states are generally consi- sions - (vi) recent changes in judicial doctrines in a global dered as symptoms of the creeping deterioration of demo- context of populism and democratic regression. The panel cratic values. The proposed panel discusses the features will gather academic projects in different stages, based on that are triggering distrust in liberal democracy focusing diverse methodological approaches, that respond to some on the rise of populism/sovranism in Western countries/ of these issues regarding Socio-Economic rights. democracies and investigating the causes/outcomes of this phenomenon. Room: PANEL SESSIONS III PANEL Room: A101 A103 Chair: Chair: Esteban Hoyos-Ceballos Lorenza Violini Presenters: Presenters: Jose Toro: How international development institutions approach socio- Luca Pietro Vanoni & Benedetta Vimercati: economic rights: the strange case of World Bank‘s ICSID Identity Politics and the Rise of “New“ Populisms/ Nationalisms in Europe Natalia Angel-Cabo: Garbage, Courts and Political Struggles: socioeconomic rights Arianna Vedaschi: enforcement in emerging global cities Revocation of Citizenship as a Counter-Terrorism Measure: A Dangerous Weapon of the Populist Rhetoric Antonio Barboza: How to combine structural and individual litigation: the case Fernando Londoño: of the Right to Health in Colombia Common sense versus best knowledge: two faces of punitive populism in the XXI century Henrik Lopez: Resilience and protection of social rights in Colombia Nicholas Hatzis: Populist Speech and Representative Democracy Esteban Hoyos-Ceballos: The limits of the idea of meaningful engagement in the Javier Couso Salas: jurisprudence of the Colombian Constitutional Court Evaluating National and International Strategies Dealing with the Crisis of Constitutionalism and the Rule of Law in Tatiana Alfonso: Latin America Property rights in the midst of the transition: Interventions of the Colombian Constitutional Court in property rights

Concurring Panels / TUES 08.20 – 09.55 69 90 Derechos y cambio 91 The Algorithmic State: social: desafíos para Constitutional and la inclusión Administrative Law

At the current time, we live in a context where several Challenges changes are taking place: different relationships between Data-driven technology, artificial intelligence and machine people, and between people and the state - new recogni- learning are reshaping the relationship between citizens tion of individuals and societies - new media, among others, and the states. AI and ML are increasingly employed in creating new demands and asking for solutions. All these public and private decision-making, even though these sys- changes are complex and impact Law, requiring a different tems are regarded as black boxes by both public authorities paradigm to give responses from a diverse perspective. and citizens. Constitutional and administrative legal prin- This new vision of law requires the construction and ree- ciples were developed throughout the times for govern- valuation of principles and concepts that enhance these ments of men and not machines. How does algorithmic de- changes, including all the “newness“ for juridical protec- cision making fit within these legal frameworks? This panel tion. This panel will address this challenge shifting the pa- offers new insights on the role of constitutional and admi- radigm, deepening in the idea of solidarity, inclusion and nistrative law in the “algorithmic state“. This panel explores explaining one particular example, indigenous rights. The in particular (i) the role of the state in cyberspace as user, analysis will be made from an interdisciplinary vision: Phi- superuser, and regulator - (ii) how the use of algorithms fits losophy, Law and Political Science. within the duty to give reasons and explain decisions taken by public bodies - (iii) the need to develop or reinterpret the principle of good administration - (iv) and the legitima- Room: cy of “robot-law“ from a legal pluralist perspective. D303 PANEL SESSIONS III PANEL Chair: Room: Carolina Salas Salazar D304 Presenters: Chair: Margot Aguilera Ormeño: Antonia Baraggia El rol de la solidaridad como principio integrador del Derecho Presenters: en las sociedades del siglo XXI Amnon Reichman: Carolina Salas Salazar: The Role of the State in Cyberspace Inclusión social como desafío para las sociedades democráticas en Latinoamérica Andrea Simoncini: Why Are You Doing This to Me? The Duty to Give Reasons in Katherine Becerra Valdivia: the Algorithmic Era Reevaluando el impacto de los movimientos sociales indígenas para incluir derechos colectivos en Latinoamérica: Angelo Golia: entre actores políticos fuertes y nuevos aliados Public and Private Regulation in Robot Technology: A Legal Pluralist Perspective Taeli Gómez Francisco: Discussant Sofia Ranchordas: Algorithmic Decision-Making and Good Administration

Concurring Panels / TUES 08.20 – 09.55 70 92 Proportionality, US constitutional law, and “Rights as Trumps?“

Even as proportionality has cemented its status globally as the dominant approach to adjudicating constitutional ri- ghts claims, the United States remains an outlier, its rights jurisprudence heavily influenced by a rival conception of “rights as trumps“. In November 2018, Jamal Greene ca- rried the case for proportionality into the heart of the US legal academy with his Harvard Law Review Foreword tit- led “Rights as Trumps?“. Greene argues that, while “we take rights seriously enough“ in the US, when we reduce cons- titutional principles to rigid rules, “we do not take them reasonably enough.“ Proportionality, he argues, is better adapted to deciding politically charged rights claims in a pluralistic and polarized democracy. HLR Forewords are widely read and often become landmarks of legal scholar- ship - Greene‘s could change the conversation on rights re- view in the US. This panel brings together a wide-ranging set of responses to the Foreword, with its author serving as discussant.

Room: SESSIONS III PANEL Aquiles Portaluppi Chair: Jud Mathews Presenters: Vicki Jackson: Law, politics, and proportionality Carlos Bernal Pulido: The normative necessity of proportionality Francisco Urbina: Proportionality and the world of enemies Jamal Greene: Discussant

Concurring Panels / TUES 08.20 – 09.55 71 Tuesday 2 July 2019 10.30 – 12.05 Panel Sessions IV

72 93 European Public Order 94 The Institutions of in Times of Change Constitutional Democracy

The European Court of Human Rights (ECtHR) has decla- This panel explores the institutions of constitutional demo- red the European Convention on Human Rights a consti- cracy, ranging from courts, to legislatures to electoral com- tutional instrument of European Public Order (EPO). This missions. The paper presenters explore the nature of those claim suggests that the Convention is built on common un- institutions, how they are working and how they might be derstandings and approaches to human rights. Moreover, made to work better. it seems that EPO can change over time. This panel will be asking what these common understandings are now and whether the claim of common EPO is still valid in times Room: of change. The panellists will first revise their approach Sala Mediación to EPO and see if there is a coherent vision of such order from the bench of the ECtHR. Then the panel will proceed Chair: with three case studies. First, the panelists will look into whether there is common understanding of vulnerability Lorenza Violini and see how it can shape EPO. Then the panel will consider Presenters: if the modern threat of terrorism had an impact on EPO. Finally, we will see if EPO spreads outside the borders of Eneida Desiree Salgado: Europe through regulating military interventions by Euro- Institutional powers, institutional players: the judicial branch pean states. walks into the electoral arena Alexei Trochev: Room: Judicial Clientelism and Decay of Democracy in Post-Soviet Aquiles Portaluppi States Chair: David Schneiderman: Wojciech Sadurski Reviving Parliamentarism in an Era of Illiberal Executives Presenters: Michael Pal: South Asian Fourth Branchs Kanstantsin Dzehtsiarou: European Public Order in Times of Change: View from Mark Tushnet: Strasbourg Discussant

Vassilis Tzevelekos & Dimitrios Kagiaros: SESSIONS IV PANEL Assessing the Impact of Vulnerability on European Public Order in the Case Law of the ECtHR Michael Lancaster Steiner & Antal Berkes: Exporting the ECHR Public Order outside Europe: the European Convention of Human Rights as the Applicable Law of Peace Missions Rumyana Grozdanova: Secrecy as Counter-Terrorism: How should the European Court of Human Rights respond?

Concurring Panels / TUES 10.30 – 12.05 73 95 EU anti-discrimination law 96 Integrating social science in times of contestation and normative legal approaches to comparative After the European Union initially developed anti-discri- mination norms on nationality and gender as protected constitutional law grounds under the commercial rationale of the common market, two Equality Directives followed in 2000, one fo- Social science epistemologies and methods are now a cusing on race and ethnic origin, the other covering religion, well-established part of comparative constitutional law sexual orientation, disabilities and age. Eighteen years af- scholarship. From quantitative research on the longevity ter the adoption of these Directives, we gather the scholars of written constitutions to qualitative research on populist contributing to a recent book published by Hart (U. Belavu- constitutionalism, the field has benefitted from a growing sau and K. Henrard, eds., 2018) to reflect on their limits and range of empirical social science perspectives. Little thou- prospects, and revisit the rise of EU anti-discrimination law ght to date, however, has been put into how best to inte- beyond gender. Protection against discrimination has only grate social science research with normative legal scholar- become more pressing and at times contested during the ship. This panel seeks to begin a conversation about this economic and refugee crises, and amid rule of law backsli- issue. Theunis Roux‘s paper argues that, by synthesizing ding. EU anti-discrimination law has, thus, reached its age the insights of empirical political science and normative of maturity - its eighteenth birthday - in confusing times, legal theory, the field can generate practical advice on how which nonetheless brings opportunities that will be reflec- constitutional judges should approach their mandate. Niels ted upon in presentations during this panel. Petersen next provides a sympathetic critique of empirical scholarship on constitutional design. Finally, Emanuel Tow- figh analyzes the role digitalization and quantitative me- Room: thods play in shaping legal scholarship. D404 Room: Chair: Auditorio A. Silva Dr León Castellanos-Jankiewicz Chair: Discussant: Joana Mendes Dr Aleksandra Gliszczynska-Grabias Presenters: Presenters: Theunis Roux: Dr Uladzislau Belavusau: Comparative Constitutional Decision-making: An PANEL SESSIONS IV PANEL A bird‘s eye view on EU anti-discrimination law: the impact of Interdisciplinary Research Agenda the 2000 equality directives Niels Petersen: Prof. Dimitry Kochenov: Empirical Research in Comparative Constitutional Law: A When equality directives are not enough: taking issue with Bird‘s Eye View the missing minority rights policy in the EU Emanuel V. Towfigh: Dr Mathias Möschel: Digitalization and Empirics: What‘s in the Stars for Legal Eighteen years of the race equality directive: a mitigated Scholarship and Legal Education? balance Dr Beryl ter Haar: EU age discrimination law: a curse or a blessing for EU youth policy? Dr Alina Tryfonidou: The impact of Directive 2000/78 on the protection of LGB persons and same-sex couples from discrimination under EU law

Concurring Panels / TUES 10.30 – 12.05 74 97 Liberalism, 98 Transformative Authoritarianism constitutionalism in Latin and the Tasks of America: challenges in Constitutional Theory: dark times Making Sovereignty This proposal focuses on the challenges for a Transfor- Popular Again? mative Constitutionalism (TC) in the current political and social scenario of Latin America, where countries have wit- Liberal constitutionalism has become increasing unpopu- nessed the reversal of longstanding democratic gains and lar and authoritarian. It has become unpopular in the sense new authoritarian threats. The Brazilian case is an example that many are turning away from it, not least the electora- and has shown the urgency of developing new strategies te. But it has also become unpopular in a deeper theoreti- in public law, for the strengthening of democracy and to cal sense, self-consciously turning away from the concept advance the guarantee of human rights and social justice. of popular sovereignty, even eschewing the foundational The Colombian TC, vindicated by ICCAL as a new path to supports of sovereignty altogether. Liberalism purports to the Latin American context of exclusion and inequality, abjure these foundations, distorting the meaning of what provides the basis for this discussion, which will involve the is ‘popular‘ but at the same time becoming more authori- following themes:1) resilience strategies to protect consti- tarian in its own practices and prescriptions. The purpose tutional orders and courts from authoritarian attacks - 2) of this panel is both critical and constructive. It aims to strong constitutionalism and the role of the judiciary in the examine the shortcomings of the liberalist treatment of TC - 3) alternative instruments to strengthen democracy populism and to expose the authoritarian elements within and the influence of private entities in protecting rights - liberalism. It will also consider the conditions under which 4)“Unconstitutional State of Affairs“ and dialogical judicial popular sovereignty, notionally still a central category of activism. contemporary constitutional thought, might again become symbolically efficacious and institutionally consequential. Room: LLM93 Room: Chair: LLM91 Vera Chueiri Chair: Presenters: Michael Wilkinson

Patricia Perrone Campos Mello: SESSIONS IV PANEL Presenters: Resilience strategies of constitutional courts before Margaret Martin: authoritarian regimes: The Brazilian case Reckoning with the Liberal Self Jorge Roa: Zoran Oklopcic: The role of the judiciary in the Transformative Beyond Populism: Liberalist Projections and Quotidian Constitutionalism Constitutions Danielle Pamplona & Anna Luisa de Santana: Eugénie Mérieau: ICCAL‘ strategies for strengthening democracy Towards a theory of Dual Constitutionalism: Constitutional Katya Kozicki & Bianca van der Broocke: Reason of State, Prerogative, and France‘s Authoritarianism “Unconstitutional state of affairs“, judicial activism and Samuel Tschorne: transformative constitutionalism Chile‘s “constitutional problem“: a matter of popular sovereignty Michael Wilkinson & Alexander Somek: Unpopular Sovereignty?

Concurring Panels / TUES 10.30 – 12.05 75 99 Cultural Heritage and its 100 Rule of law challenges in Law in Times of Change a time of criminal justice crisis Theoretical and This multidisciplinary panel addresses how times of change affect cultural heritage legislation and therefore public law, constitutional issues 3 including administrative and constitutional law. Recent examples in the news are used as case studies. The demo- A series of three panels will explore some of the central cratically mandated Brexit may have crucial consequences challenges to the idea of the rule of law in the face of con- for the free movement of goods especially with regard to temporary criminal justice. Tying criminal justice and state the illicit trade of cultural property. The EU and how its punishment to the rule of law has been traditionally un- directives and regulations interact with Member States‘ derstood as a necessary feature of modern liberal demo- rules on the export of cultural property also have a role to cracies. Contemporary criminal justice, however, seems play in this discussion. Moreover, international law plays a to challenge many of the central features that rule of law crucial role in protecting cultural heritage sites, but long thinking attributes to state action: it is selective, and not standing political changes may affect how cultural heritage universal, the content of the rules applied are complex and law operates in times of military occupation and in areas thus not always easy to grasp, and administered by a varie- of contested sovereignty. Panelists will therefore adopt a ty of agents acting under very different frameworks. In the comparative perspective and multidisciplinary examina- face of this reality, can criminal justice be reconciled with tion of governmental actions, art history and law. the rule of law? What issues arise out of these tensions? What roles do international human rights and constitutio- nal law play in maintaining the rule of law? Room: FD-101 Room: Chairs: Seminario 3 Lorenzo Casini Chair: Sabino Cassese Javier Wilenmann Presenters: Presenters: Clizia Franceschini: Benjamin Berger: The Role of the United Nations in Times of Political Change: the case of Jerusalem‘s Cultural Heritage Law Jury Nullification, Constitutional Pluralism, and Indigenous Reconciliation

PANEL SESSIONS IV PANEL Anna Pirri Valentini: Rocío Lorca: Shaping the European Union‘s Control over the Export of Cultural Properties: from National to Supranational What makes impunity a problem? Considerations on legality Legislations and Viceversa and international punishment Ted Oakes: Andrea Galante: Borders and Brexit: Moving Cultural Property between Retroactivity in criminal adjudication: The flexibility- Britain, Ireland and the European Union foreseeability dilemma Alex van Weezel: Bad Times for Legality Concerns in Criminal Law

Concurring Panels / TUES 10.30 – 12.05 76 101 Constitutional 102 Perspectives on Preambles: At a Administrative Law

Crossroads Between Panel formed with individual proposals. Law and Politics

This panel focuses on the role of preambles in constitutio- Room: nal law and politics, especially in times of change. Its sprin- Seminario 2 gboard is Professor Justin Frosini‘s important 2012 book, Constitutional Preambles at a Crossroads between Politics Chair: and Law. Panelists will explore one or more of the book‘s Robert Siucinski themes, and their continuing salience in light of scholarship and events since 2012, such as the illiberal turn in consti- Presenters: tutional politics and the aftermath of the Arab Spring. The panel will include Professor Frosini‘s response to panelists. Verónica Pelaez, Antoine Claeys, Marta Franch & Juan Carlos Pelaez: Administrative Law as an Anticipatory Law Room: Robert Siucinski: D304 Services Conference as an Example of Convergence of Chair: Administrative Procedural Law Donna Greschner Ana Luiza Calil: The multiple meanings of Administrative Procedure: a case Presenters: study of BRICS Ebrahim Afsah: Leonardo Ferrara: Symbols of Assertion and Rejection: Islamic Constitutional Transformations of the Authority-Liberty Paradigm in Europe Preambles Ghazaleh Faridzadeh: The Iranian Preamble: A Narrative of Passion and Revolution Pablo Riberi: The Formal Character of Preambles and the Political Donna Greschner: SESSIONS IV PANEL Constitutional Preambles and Everyday Politics Discussant: Justin Frosini

Concurring Panels / TUES 10.30 – 12.05 77 103 Latin American 104 Constitutional Change constitutional reforms and Democracy in Latin and constituent process America in times of populism Different episodes of constitution making and constitutio- nal reform in Latin America have brought to the center of Constituent processes and constitutional reforms in Lati- public debate the need to rethink the traditional concep- no America has been used in a practice known as abusive tions through which participants in the field of public law constitutionalism, which consists of employing this me- have historically approached the problem of constitutional chanism to eliminate or restrict aspects related to consti- change in its relation to democracy. What makes constitu- tutional democracy, such as rule of law, division of powers, tional change democratic? Can public law realistically con- protection of rights and presidential term. Simultaneous- tribute to the democratization of constitutional politics in ly, these processes have been presented within the fra- Latin America? What kind of constitutions are necessary mework of populism, a concept understood as the use of to promote effective democratic participation at the level ideas for traditional politics renewal aiming to generate an of fundamental political decisions? What risks does the abrupt rupture through the fight or corruption, the search practice of constitutional change pose to the advancement of real democracy through a charismatic leader of an extre- of democracy? Combining theory and empirical research, me ideology. Some of the topics are: how had these proces- the participants in this panel will approach these questions ses had been used in Latin America in the era of populism? through the detailed analysis of different episodes of cons- How can they be understood as abusive constitutionalism? titutional change in countries like Bolivia, Brazil, Chile, Co- What has been the role of constitutional courts? What is lombia, Ecuador, Mexico, and Venezuela. the constitutional hard core that must be defended in or- der not to petrify the Constitutions and allow constitutio- nal changes in transitional times? Room: D402 Room: Chair: D303 Nicolás Figueroa García-Herreros Chairs: Presenters: Yaniv Roznai Helena Colodetti & Christian Schallenmüller: Sabrina Ragone Constitutional Change as “Ordinary Politics“: The Misfortunes Presenters: of a Semi-rigid Constitution for Brazilian Democracy PANEL SESSIONS IV PANEL Iris Marin: María Cristina Escudero & Claudia Heiss: Consensus or polarization? constituent power versus Failed Constitutions: Winners and Losers in Chile's populism Constitutional History Gonzalo Ramirez-Cleves: Rodrigo Espinoza: Towards a taxonomy of the use of constitutional reform and Protecting Rights or Hindering Political Participation? the constituent power in Latin America in the era of populism Constitutional Rigidity and the Crisis of Representation in Consolidated Democracies Maria Cielo Linares: Unconstitutional constitutional amendment: hyper Nicolás Figueroa García-Herreros: presidentialism, indefinite re-election and democratic system Constitution Making and the New Latin American Constitutionalism Jairo Néia Lima: How unamendable is the Brazilian Constitution? Lessons Gerardo Ballesteros de León: from the past and guidelines for the present after 30 years of Las constituciones locales como fuente de interpretación de la unconstitutional constitutional amendments constituciones nacionales: El caso de Jalisco, México Neliana Ramona Rodean: Johanna Cortés Nieto: Electoral system – a lifeboat to constitutional changes in Discussant Latin America Amilcare D‘Andrea: Participatory democracy in the Constitution of the Bolivarian Republic of Venezuela and the “undue external influence“

Concurring Panels / TUES 10.30 – 12.05 78 105 Constitutional 106 The Random Selection Experiments in Latin of Rulers? Ideas for the America: The Quest for Refoundation of Modern Effective Constitutional Democracy Entrenchment The vertical architecture of democratic systems diffuses Mechanisms – Part 2 the representation of the interests of the electors and pre- vents the accountability of the representatives. Many have Latin America is often perceived as a region where the proposed sortition as a democratization strategy. However, rule of law is unstable and the constitutions are frequently its possible institutional design has not been sufficiently replaced. However, Latin America also offers a rich—and studied from a constitutional perspective. This panel offers many times under-researched—history of institutional a look at sortition from four points of view: 1. A descriptive experiments seeking to enforce the constitutions to gua- approach to the constitutional proposals of sortition, from rantee relevant democratic principles. Some of those ex- mini publics to the most ambitious reforms of the legisla- periments are novel, and some are adaptations of Euro- tive branch. 2. A position that defends sortition, based on pean or American constitutional ideas. This panel is part the inclusion of minorities and the democratization of ac- of a larger symposium that seeks to identify the conditions cess to government. 3. A critical view of its democratic cre- that explain the success or failure of those constitutional dentials in the legislative sphere, and its suitability in other experiments by examining case-studies from Brazil, Chi- areas and stages of the political process. 4. A discussion of le, Ecuador, Mexico, and Uruguay. This second part of the the utility of sortition in the selection of judges and the in- symposium will discuss case-studies focusing on particular corporation of citizens in the administration of justice. entrenchment mechanisms of Ecuador, Uruguay, and Chile.

Room: Room: LLM92 A101 Chair: Chair: César Vallejo Joel Colon-Rios Presenters: Presenters: César Vallejo: Johanna Fröhlich: El azar como elemento fundacional y necesario del sistema The rhetorical straitjacket of constitutional amendment rules SESSIONS IV PANEL democrático in Ecuador Andrea Celemín: Andrea Katz: ¿El sorteo como mecanismo para la conformación de “La Suiza de América“: Uruguay‘s Experiment with Popular instituciones políticas debilita la democracia representativa? Democracy under the Constitution of 1918 Felipe Paredes: Sergio Verdugo: ¿Podría la selección aleatoria de los representantes mejorar The Chilean 1925 Supreme Court Doomed to Fail la democracia? Joel Colon-Rios: Felipe Rey Salamanca: Discussant El sorteo y la justicia constitucional

Concurring Panels / TUES 10.30 – 12.05 79 107 Inequality, Instability 108 Regulating the Economy I and Constitutionalism Panel formed with individual proposals. The increasing problem of economic inequality is linked to a number of serious socio-political issues, including Room: populism, distortion of political communication even in advanced democracies, corruption, and market instability Seminario 1 that threatens the social order in complex ways. This pa- Chair: nel explores the relationship between economic inequality, the rule of law, and constitutionalism from various angles. Paula Ahumada Each paper is broadly concerned with the the way in which central ideas, doctrines or practices in constitutional law Presenters: are affected by, and may seek to address, the problems of Andrea Cristina Robles Ustariz: economic inequality. Euro, dollarization and bitcoin: no place for monetary sovereignty? Room: Julian Barquin: Auditorio E. Frei FinTech regulation: Can States actually achieve it? Limits and challenges from a Uruguayan perspective Chair: Alexandr Svetlicinii: Jeff King Levelling the playing field: time to reconsider the treatment Presenters: of China‘s state-owned undertakings in EU competition law? Tarunabh Khaitan: Paula Ahumada: Political Insurance for the (Relative) Poor: How Liberal Money and Sovereignty: The Chilean Case in the Twentieth Constitutionalism Could Resist Plutocracy Century Jeff King: Krzysztof Krzystek: Inequality, Instability and the Rule of Law Shifting Merger Policy in Mobile Telecoms – a Foreshadowing of the Emergence of the Common European Electronic Colm O'Cinneide: Communications Market? Plugging the Gap: Material Inequality and the Liberal Francesco Farri: Constitution PANEL SESSIONS IV PANEL Tax sovereignty in times of change: is the state still "useful" to Julie Suk: the tax system? Constitutional Prohibition and the Destabilization of Gender Inequality Richard Holden: Discussant

Concurring Panels / TUES 10.30 – 12.05 80 109 Law and Technology in 110 Primero ríos, después Context II montañas y ahora la Amazonía: Derechos Panel formed with individual proposals. de la naturaleza en

Room: perspectiva comparada Allende Bascuñan 2 In the last few decades, challenges that may reconfigure our relationship with our environment and the “things“ Chair: that are part of it have burst onto the scene. Recent legis- Mikolaj Barczentewicz lative and case-law precedents have recognized the legal rights of the Whanganui River and Taranaki Mountain in Presenters: New Zealand, the Ganges River in India, the Atrato River Jan Podkowik: and the Amazon region in Colombia. This tendency arises from an “ecocentric“ approach that is based on a funda- Accountability in the robotic era. Towards new effective mental premise: humans do not possess the relationship remedies to protect individuals? with the earth - instead, humans are the ones who belong Magdalena Jozwiak: to the planet, not in terms of property, but as one part of the whole. In this panel we want to interrogate key featu- Giving reasons: incompletely theorized agreements and res of the legal person model adopted in each of the men- incompletely explainable machines tioned cases and explore the challenges posed by those Judit Sandor: features in the local context - the efficacy of the models adopted to protect nature as legal entity - new approaches Harmful Inference to the protection of the planet from climate change with Mayu Terada: strategic litigation cases. Progress of Artificial Intelligence (AI) Technology and Transformation of Public Law Room: Ryszard Piotrowski: D302 The impact of new technologies on democracy: new human rights and the reinterpretation of separation of powers Chair: Mikolaj Barczentewicz: Juan Camilo Herrera Presenters:

Using AI to predict outcomes of cases in UK public law SESSIONS IV PANEL Felipe Clavijo-Ospina: Nature rights in perspective: beyond the ecocentric theory and the biocultural rights (Derechos de la naturaleza en perspectiva: más allá de la teoría ecocéntrica y los derechos bioculturales) Tatiana Alfonso: Who is going to help us now? Challenges of implementation in the new environmental rights (¿Y ahora quién podrá ayudarnos?. Los desafíos que plantea la implementación de los nuevos derechos de la naturaleza) Juan C. Herrera: Hacking the Law: Do “things“ have rights?“ (“Hackeando el sistema jurídico: ¿tienen derechos las “cosas“?) Natalia Castro: Climate change litigation and protection of collective entities (Litigio en cambio climático y protección de entidades colectivas) Juan Ubajoa: The legal personality of nature and its elements versus the constitutional duty to protect the environment (La personalidad jurídica de la naturaleza y de sus elementos versus el deber constitucional de proteger el medio ambiente)

Concurring Panels / TUES 10.30 – 12.05 81 111 “Gold-plating“ and Law 112 International Law and Making - An EU legal Human Rights space odissey Panel formed with individual proposals. EU Institutions often claim that national governments of- ten pass extra regulation, piling their own regulative pur- Room: poses on top of EU goals, in excess of the requirements set forth in Brussels: this is labelled “gold-plating.“ The purpo- Allende Bascuñan 1 se of this panel is to analyse this phenomenon, discussing how to assess “gold plating“, assessing the inefficiencies Chair: and wrongdoings entailed, the possible reaction by the EU, Samantha Velluti through the principle of sincere cooperation, and to iden- tify legal drafting techniques to prevent red tape arising Presenters: from gold plating both at EU and national levels. If national Francisco Lobo: governments use EU legislation as a means to impose their own agendas, it blurs the purposes and goals of the EU le- ‘Here Be Dragons‘: Mapping the Legal Contours of Jus Cogens gislation and of the EU itself. In the legal galaxy that is the in International Law EU, the fight against excessive burdening and for a sincere Sanja Dragic: implementation of EU law by Member State should occupy a central role in academical discussion. Civil Society under Attack: Investigating the ‘New Norms‘ Deployed to Fight Back Sejal Parmar: Room: Guarding the Guardians? The evolving role of the international D401 human rights system in protecting journalists and the media Chair: Klaus D. Beiter: Patricia Popelier More than a Battle of Acronyms: GATS, TRIPS, and FTAs Wreaking Havoc in Education in Africa – ETOs as an Antidote? Presenters: Samantha Velluti: Raquel Franco: The Extraterritoriality of EU Law and Human Rights in Times Gold plating and Law Making I – The overload menace of Change Manuel Cabugueira: Violeta Besirevic: PANEL SESSIONS IV PANEL Gold plating and Law Making II – The last RIA What future for Human Rights? Accommodating Human Rui Lanceiro: Rights Claims in International Investment Arbitration Gold plating and Law Making III – The EU force awakens João Tiago Silveira: Techniques to avoid red tape resulting from gold plating: may the force be with us Patricia Popelier: Discussant

Concurring Panels / TUES 10.30 – 12.05 82 113 Gender Equality and 114 The Judicialization of Political Participation Politics and Judicial Deference Panel formed with individual proposals. Panel formed with individual proposals. Room: Auditorio CAP Room: Chair: D405 Beverley Baines Chair: Presenters: Vanice Lirio do Valle Marjo Rantala: Presenters: Courts and non-discrimination law: Reinforcing or challenging Marina Bonatto & Leonardo Cabral: gender norms? Does Judicial Activism still matter in Brazil? Dmitry Kurnosov: Vanice Lirio do Valle: Ensuring Gender Equality in Parliaments: The Hidden Judicial deference towards administrative choices in the Opportunities of Electoral Law social rights realm Bernardo Campinho: Clemente José Recabarren: Maternity, gender and the effectiveness of women‘s human Judicial review as deference to our constitutional lucidness rights in the Brazilian constitutional system: the contributions of the convention and the CEDAW committee Nadja Lirio do Valle Marques da Silva Hime Masset: Rostam J. Neuwirth: Participation as a criterion for deference in Brazil Non-Binary Gender and Binary Legal Thinking: The Birth of a Guy Seidman & Gary Lawson: New Legal Mindset? What is Deference: An Introduction and Call for Collaboration Bárbara Bertotti & Ana Cristina Viana: The third sector and the promotion of women‘s political participation in Brazil

Beverley Baines: SESSIONS IV PANEL Women‘s equality rights times three

Concurring Panels / TUES 10.30 – 12.05 83 115 The multiples 116 What doesn't kill it makes dimensions of Migration it stronger? The resilience in Latin America: of the Inter-American challenges, proposal human rights system in and debates an age of backlash

The Latin-American region, at present, is facing important The panel investigates the resilience of the Inter-American political changes and new challenges related to migration human rights system in the context of the ongoing backlash government. In this scenario, this panel aims at exploring against human rights. By bringing together both scholarly some of the relevant debates raised from the necessity to and practical perspectives on the current challenges faced face the challenges posed by migration in the region and by the Inter-American human rights system, the panelists to identify alternatives for an adequate migration gover- will discuss potentials and limits of various conflict mana- nment, by exploring aspects that are wrongly considered gement techniques. as secondary, but which are those that have a fundamen- tal impact in the government of migration. Therefore, the papers that compose the panel investigate: the subtraction Room: and restitution of minors in relation to the rights of the vic- Auditorio P. Aylwin tims of domestic violence - the efforts to create a regional governance of migration, its challenges and failures - the Chairs: challenges that imply the necessity to develop a compre- hensive migration policy, and how the law works as an ins- Alexandra Huneeus trument of social transformation and empowerment for Silvia Steininger non citizens in situation of vulnerability. Ximena Soley Presenters: Room: Silvia Steininger: Sala Reuniones LLM Harder, better, faster, stronger: Conceptualizing the Chair: institutional resilience of international courts Juan Manuel Amaya Castro Ximena Soley: Defusing tensions in the Inter-American system: beyond Presenters: formal institutional structures PANEL SESSIONS IV PANEL Alexandra Castro Franco: Marie-Christine Fuchs: The bittersweet efforts for a regional governance of migration Fighting back the backlash through dialogue and cross- in Latin America fertilization – The Inter-American human rights system and María Teresa Palacios Sanabria: its facilitators Migration government with a focus in human rights: a Judith Schönsteiner: challenge for Colombian regions Against closed-room diplomacy: Selecting judges and Carolina Moreno Velasquez & Gracy Pelacani: commissioners in the Inter-American human rights system Legal empowerment of the migrant population: instruments for social transformation

Concurring Panels / TUES 10.30 – 12.05 84 117 El ius commune y lo 118 Courts Under Extreme común de la crítica. Pressures Constitucionalismo Panel formed with individual proposals. transformador y

el espacio jurídico Room: latinoamericano LLM94 This panel reviews the emergence of the Ius Constitutiona- Chair: le Commune en América Latina (ICCAL). The first two pre- sentations will begin discussing the concept of ICCAL from Ana Beatriz Vanzoff Robalinho Cavalcanti the doctrinal, jurisdictional, critical and normative point Presenters: of view in order to identify the disagreements and the challenges that the project presents. The other two inter- Ana Beatriz Vanzoff Robalinho Cavalcanti: ventions will develop the Latin American legal space from Activism or Self-restraint: the role of Courts in Democratic the perspective of the role and impact of the Inter-Ameri- Transitions and the case of Brazil can Court of Human Rights. In this part, the panelist will explain why this particular tribunal can be considered an Francesco Biagi: example of transformative constitutionalism. Furthermo- Constitutional Adjudication in North Africa and the Middle re, the last intervention will introduce some fresh perspec- East following the “Arab Spring“: Reforms, Challenges and tives related to the principle of subsidiarity and its relation Perspectives to the full effectiveness of fundamental rights in the diffe- rent countries of the region. Daniel Capecchi Nunes: Democracy‘s Destruction from the Inside: authoritarian rings and the role of constitutional interpretation in democratic Room: backsliding A102 Marcin Szwed: Chair: How to substitute a dysfunctional constitutional court? The case of Poland Armin von Bogdandy Roberto Machado Filho & Paula Pessoa: Presenters: Political Parties in Turbulent Times: What Role for Miriam Lorena Henríquez Viñas: Constitutional Courts? PANEL SESSIONS IV PANEL Tres triadas sobre el concepto Ius Constitutionale Commune Wojciech Brzozowski: Latinoamericano The Constitutional Court as a Constitutional Zombie: Another Ana Micaela Alterio: Lesson from the Polish Crisis En la búsqueda de lo común del Ius Constitutionale Commune Latinoamericanum Cecilia Medina Quiroga: El impacto transformador de la Corte Interamericana de Derechos Humanos Juana Acosta: La subsidiariedad desde la mirada del Ius Constitutionale Commune en América Latina: ¿desaparición o renacimiento?

Concurring Panels / TUES 10.30 – 12.05 85 119 Global bust, African 120 Constitutional boom? Africa‘s march Democracy in Europe towards democracy and This panel explores the state of constitutional democracy multilateralism in Europe, both with respect to the European Union and particular European states, most notably Hungary and Po- Scholarship and global indices of democratic governance land. Authors are concerned with democratic deficits, po- have warned of the future of liberal democracy, sparking pulism and the general crisis of constitutional democracy concerns of a ‘crisis‘ or ‘retreat‘, especially in democracy‘s that appears to be engulfing the world. traditional bastions. Multilateralism has also faced unpre- cedented resistance and reversal, with Brexit and Trum- pism. However, democracy and multilateralism, while pre- Room: sented as experiencing a global decline, are experiencing a A103 relative boom in Africa. Recently, many African countries have seen peaceful democratic transitions to power, courts Chair: and other independent institutions have held political ins- Sujit Choudhry titutions to account and Africa is establishing the largest free trade area in the world. While challenges remain, Afri- Presenters: ca seems to be bucking the global crisis of democracy and Antonia Baraggia & Matteo Bonelli: multilateralism. This panel will explore the domestic and continental forces, mechanisms, public law norms and ins- Rule of Law Conditionality and Constitutional Democracy titutions that explain the emergence of the continent from Crisis in Europe the posterchild of authoritarianism to the face of democra- Timea Drinoczi & Agnieszka Bien-Kacala: tic transitions. Constitutional Democracy in Hungary and Poland Paul Blokker: Room: “Populist Constitutionalism: A Disease or a Symptom“ Auditorio Claro Kim Lane Scheppele: Chairs: Discussant Iyiola Solanke Grainne De Burca: Adem Abebe Discussant Presenters: PANEL SESSIONS IV PANEL Adem Abebe: African economic integration, constitutionalism, democracy, good governance and the role of civil society Charles Fombad: Transforming Constitutions and Constitutional Rights Horace Adjolohoun: The Role of the Judiciary Janine Silga & Iyiola Solanke: Comparing multilateralism in Africa and Europe

Concurring Panels / TUES 10.30 – 12.05 86 121 Dialogic Constitutionalism II

Panel formed with individual proposals.

Room: Sala Juicio Oral Chair: Daniel Bogéa Presenters: Nicola Lupo: About constitutionalism and parliamentarism: when Constitutional Courts need the legislator Teresa Nascimento: Concrete review in Portugal as a case of weak-form judicial review Daniel Bogéa & Pablo Holmes: Dialogue or Symbiosis? An evolutionary approach to interbranch dynamics Antonio Maués & Breno Magalhães: Patterns of judicial dialogue between national courts and the Inter-American Court of Human Rights Manuelita Hermes Rosa Oliveira Filha: The use of the European Court of Human Rights and the Inter- American Court of Human Rights precedents by the Brazilian Federal Supreme Court: a preliminary data research PANEL SESSIONS IV PANEL

Concurring Panels / TUES 10.30 – 12.05 87 Tuesday 2 July 2019 16.50 – 18.25 Panel Sessions V

88 122 The State of 123 The American Convention Constitutional on Human Rights at 50 Democracy: This panel explores some of the main developments and Observations challenges that the American Convention on Human Ri- ghts —Latin America‘s most important human rights trea- This is a schmooze style panel that will explore develop- ty— faces as the treaty turns fifty, in November 2019. The ments in constitutional democracy over the past several American Convention was adopted at a time when other years. Panelists will initiate a conservation with the au- major international treaties, e.g., the Vienna Convention dience in short (5-7 minute) presentations. Then audience on the Law of the Treaties, and also a few years earlier the members will be invited to share their reflections on the major human rights International Covenants, were shaping state of constitutional democracy in regimes or parts of the then nascent law of international human rights. Fifty the whole they are familiar with. Our goal is to begin the years after the adoption of the American Convention, the project of creating an inclusive community of younger and legal and political landscape of Latin America has gone into senior scholars interested in national, regional and global many directions: the endurance of the silent Cold War con- problems of constitutional democracy flicts, the eruption of bloody dictatorships and civil wars, and the adoption of new constitutions, which granted the American Convention (and human rights law, generally) an Room: enhanced legal status in domestic jurisdictions. D304 Chair: Room: Mark Graber LLM94 Roundtable featuring: Chair: Michaela Hailbronner Jorge Contesse David Law Discussant: James Fowkes Juana Acosta Antonia Baraggia Presenters: Mathias Moschel Cecilia Medina: Tom Ginsburg Women‘s Rights in the Inter-American Human Rights System Eduardo Vío: The role of the Inter-American Court of Human Rights Antonia Urrejola: The role of the Inter-American Commission on Human Rights René Urueña: Reclaiming the Keys to the Kingdom: Evangelicals, Legal Activisms, and Human Rights in Latin America

Alexandra Huneeus: SESSIONS V PANEL When Illiberals Embrace Human Rights

Concurring Panels / TUES 16.50 – 18.25 89 124 La justicia 125 Migration and Citizenship constitucional en Panel formed with individual proposals. tiempos de cambio en América Latina Room: Constitutional courts in Latin America have gradually LLM91 become key players in the region‘s politics. Certain Latin American countries have been labeled as hybrid regimes Chair: that use a sort of authoritarian or abusive constitutiona- David Abraham lism. The Venezuelan example invites us to think on how to prevent judges from becoming mere pawns of their re- Presenters: gimes. Countries like Mexico or Brazil have elected gover- nments that invite us to think of the role of judges during Martín Canessa Zamora & Tomás Pedro Greene Pinochet: election processes or during transformative announce- Blind states and invisible people: the sovereign denial to ments that may come with a populist discourse. Countries protect immigrant population. with mature judicial review experiences, like Costa Rica Zachary Elkins: and Colombia, provide useful lessons for other courts. The role of the Inter-American Court of Human Rights is also In Defense of Birthright Citizenship relevant regarding the questions above, for example it has Jhuma Sen: been questioned for not distinguishing the deliberative di- fference between the democratic processes that preceded In the shadow of Partition: Legislating and Adjudicating decisions that were brought to trial in countries such as Citizenship in India Uruguay. María Elisa Zavala Achurra: In Times of Massive Movement of People Across Borders: An Room: Analysis of the Evolution of the Concept of ‘Sovereignty‘ and ‘Refugee‘ Auditorio A. Silva Paula Almeida & Gabriela Hühne Porto: Chair: Rethinking the Sources of Public International Law in Times Roberto Niembro of Change: The Governance Potential of the GCM Presenters: Roberto Gargarella: Diálogo constitucional para democracias en problemas Ana Micaela Alterio: La Suprema Corte de México: entre lo viejo, lo nuevo y lo transformador María Francisca Pou Giménez: Cortes latinoamericanas: democracias dislocadas y la agenda de igualdad, libertad y pluralismo

PANEL SESSIONS V PANEL Roberto Saba: Justicia Constitucional y Cambio Social

Concurring Panels / TUES 16.50 – 18.25 90 126 The State of 127 Multi-Actor Global Constitutional Governance and Human Democracy: Directions Rights

This will be a schmooze style discussion of the directions The panel aims to explore traditional state-centered and al- for thinking about and research into constitutional demo- ternative, more informal and non-bureaucratic, global go- cracy. Panelists will speak for no more than 5-7 minutes vernance modes (including but not limited to: network-ba- than the floor will be open for the audience to make their sed governance, experimentalist governance, polycentric own contributions. We are particularly interested in gai- governance, and metagovernance) which are applied to ning diverse perspectives on constitutional democracy regulate activities of state and non-state actors. Partici- research for a forming working group dedicated to consti- pants will discuss to what extent various global governance tutional democracy. We hope all that attend are prepared approaches may be engaged and complement each other to think and share their research understandings and expe- in promoting the realization of human rights in the context rience as citizens in diverse regimes. of multi-level and multi-agent social, economic, political and legal relations. They will address the most topical and controversial issues of governance relating to sustainable Room: development, migration, business, health, poverty, decent standard of living, and global justice. D402 Chair: Room: Tom Daly Auditorio Claro Presenters: Chair: Heinz Klug: Gráinne De Búrca Informal presentation Presenters: Mattias Kumm: Informal presentation Elena Pribytkova: Governance for Human Rights and Sustainable Development Rosalind Dixon & David Landau: Informal presentation Alicia Ely Yamin: Democratizing Global Governance to Advance Health Rights Vicki Jackson: and Global Justice Informal presentation Maria Varaki: Sujit Choudhry: The UN Global Compact on Migration - a blueprint for Informal presentation multilateral global governance? Marcela Prieto Rudolphy: Karen Solveig Weidmann: Informal presentation Intrinsically Binding Norms as Trailblazers for Change Claire Methven O'Brien: Polycentrism, Experimentalist Governance, and the Future of

Business and Human Rights Regulation SESSIONS V PANEL

Concurring Panels / TUES 16.50 – 18.25 91 128 Frontiers of Law and 129 Judicial Review of Democratization Legislative Processes

This panel will examine the role of law in democracy buil- In recent years, there has been an increasing trend for ding or “democratization“. The panel will critically examine courts around the world to review legislative processes a number of legal questions in this field: how do we define and not only outcomes, and an emerging body of compa- the relationship between democracy and democratisation rative constitutional scholarship has arisen to study this in the legal context? How do we practically democratize practice. This panel contributes to this growing scholarly constitution-making in the present-day? What opportu- focus by exploring various dimensions of the phenomenon. nities do internet platforms provide for participation in It considers judicial review of legislative processes in four democratic constitutionalism, and how do such platforms jurisdictions: Israel, the United Kingdom, South Africa, and affect constitutional rights? What are the opportunities the European Court of Human Rights. It addresses the em- and risks for popular participation in constitutional inter- pirical questions of how judicial review of the legislative pretation in the era of the network society? The panellists process impacts legislative behavior and what are its costs, will bring a variety of interdisciplinary perspectives to the benefits, and consequences, as well as the normative one intersection of law and democracy, including sociology, of its justification. It also analyzes one common doctrinal anthropology and philosophy. The presentations will con- area for process review: the proportionality of legislative sider contemporary legal issues raised by democratisation, interference with rights. Finally, the panel looks at judicial crowd-sourcing and use of digital tools. The discussion will review not only of the lawmaking process but also of the explore the frontiers of law and democratisation, as an internal procedural rules of legislatures. emerging field.

Room: Room: Auditorio E. Frei Sala Reuniones LLM Chair: Chair: Stephen Gardbaum Glenn Patmore Presenters: Presenters: Ittai Bar-Siman-Tov: Glenn Patmore: The Impact of Judicial Review of the Legislative Process on Defining Democracy and Democratisation: A Legal Critique Legislative Behavior Felix-Anselm van Lier: Stephen Gardbaum: An Ethnographic Analysis of a “Digital Pouvoir Constituant“: Pushing the Boundaries: Judicial Review of Legislative Proposal for a Qualitative Research Framework Procedures in South Africa Antoni Abat i Ninet: Aileen Kavanagh: Crowdsourcing for Constitutional Interpretation The Promise and Perils of Process Review Carlos Bernal: Patricia Popelier: Constitutional Crowdsourcing and Constitutional Rights Procedural Rationality Review After Animal Defenders: A Constructively Critical Approach PANEL SESSIONS V PANEL

Concurring Panels / TUES 16.50 – 18.25 92 130 Whitelash: Unmasking 131 Book Roundtable on White Grievance in the Advisory Opinions: Age of Trump Carissima Mathen, “Courts Without Cases“ The law prohibiting discrimination sits within the consti- tutions of many legal systems around the world. This law (Hart 2019) traditionally focuses on individual actions and behaviour. Smith speaks to the conference theme of public law in This panel will be structured as a roundtable discussion on a time of change by arguing in his book on Trump and his a recent book about advisory opinions in Canada: Carissi- supporters, that the election of an explicit bigot to the US ma Mathen, “Courts Without Cases: The Law and Politics Presidency should be recognised as a collective act of racial of Advisory Opinions“ (Hart 2019). This book offers the discrimination by Trump voters. He raises the question of first detailed examination of the role of Canadian courts, what acts should count as discrimination – why only acts since 1875, to act as advisors alongside their ordinary, by individuals when collective acts both poison and provi- adjudicative role. This extraordinary function raises many de the backdrop to individual acts of discrimination? His questions about the judicial role, the relationship be- questions are not limited to the USA. in the UK, it has been tween courts and those who seek their “advice,“ and also convincingly argued that the sub-text for the referendum about the relationship between law and politics. Panelists vote in favour of Brexit was strongly influenced by racism. will comment on the book and the author will respond to Equality law scholars from the UK, Brazil and the United comments. All will then engage in a conversation about the States will comment upon how anti-discrimination law book's contributions to our learning in public law. should respond to these new challenges.

Room: Room: Auditorio P. Aylwin D401 Chair: Chair: Richard Albert Iyiola Solanke Presenters: Presenters: Ran Hirschl: Terry Smith: Discussant on “Courts Without Cases“ Whitelash: Unmasking White Grievance in the Age of Trump Margot Young: Thiago Amparo: Discussant on “Courts Without Cases“ Discussant Jeff King: Audrey MacFarlane Discussant on “Courts Without Cases“ Discussant Amelia Simpson: Tanya Hernandez Discussant on “Courts Without Cases“ Discussant Yasmin Dawood: Discussant on “Courts Without Cases“ PANEL SESSIONS V PANEL Carissima Mathen: Author of “Courts Without Cases“

Concurring Panels / TUES 16.50 – 18.25 93 132 Collective 133 Global Constitutionalism Decision-Making in Crisis? in Constitutional Global constitutionalism is now facing two major inter- Reasoning twined challenges: the global rise of populism followed sometimes with sighs of democratic backsliding, on one The aim of this panel is to critically analyse the ways in hand, and the global south critique, which doubts the com- which different collective decision-making mechanisms patibility of the liberal vision of global constitutionalism that are common in liberal democracies (e.g., public hea- to countries that do not share the Western conception of rings and voting rules), and the values that underpin such rights, on the other hand. This panel situates most of the- mechanisms (e.g., 'public deliberation' and 'democracy'), se debates within the ambit of Proportionality, which has influence the assessment of the constitutionality of legis- been the most powerful doctrinal feature of global consti- lation. By focusing on collective decision-making mecha- tutionalism, and examines to what extent it is equipped to nisms and values, this panel hopes to provide some insights deal with these challenges. to improve constititutional control procedures in liberal democracies. Room:

Room: A102 LLM93 Chair: Chair: Jaclyn Neo Virgilio Afonso Da Silva Presenters: Presenters: Moshe Cohen-Eliya & Iddo Porat: Proportionality in the age of Populism Génevieve Cartier: Kai Möller: Administrative Deliberation and the Constitution Defending liberal constitutionalism in times of crisis Tania Busch: Gila Stopler: Audiencias Públicas y su Impacto en las Sentencias del Tribunal Constitucional Chileno Semi-liberal Constitutions Rodrigo Kaufmann: Jamal Greene: Democracy as Legitimacy: The German Understanding of the Discussant Democratic Principle Pablo Grez: The UK Parliament Joint Committee on Human Rights ('JCHR') before Convention Rights: Contradictory Pressures Cristóbal Caviedes: The Core of the Case for Supermajority Rules in Constitutional Courts PANEL SESSIONS V PANEL

Concurring Panels / TUES 16.50 – 18.25 94 134 Disputatio Medievale: 135 Populism and Decision- ¿Un Giro Liberal en la Making Process: Between Iglesia para Aproximarse Representative Bodies a la Relación entre la and Judicial Authorities Religión y el Estado?

The panel will discuss Julio Alvear Téllez's book, entitled Populism can be (also) defined as a pathology of represen- “La Libertad de Conciencia y de Religion. El Problema de tative democracy. Once in charge, the attitude of anti-éli- su Fundamento (Marcial Pons, 2013, Madrid).“ The debate tes movements is to constantly refer to the will of the peo- will focus on whether the Catholic Church has experimen- ple as their policies‘ primary source of legitimation. One ted a liberal turn in its understanding of the relationship of the victims of this trend is the decision making process. between Religion and the State. The debate will be in Spa- Whilst statute law plays a marginal role in populist regimes nish. and the number of the executive‘s decrees increases, the use of direct democracy instruments as referendums rises dramatically. At the same time, if populist movements may Room: be rather skeptical against non-majoritarian actors, na- mely courts and independent agencies, considered expres- Seminario 3 sion of the so-called establishment and key players before Chair: the risk of a rule of law backsliding, they may appear better equipped than legislatures to tackle systemic, intricate is- Sergio Verdugo sues and to respond to the claims raised by petitioners to Presenters: advocate their interests and the interests of their groups. Julio Alvear Téllez: Presentation of the book‘s argument Room: Joseph Weiler: LLM92 Comments on the book‘s argument Chair: Benedetta Barbisan Presenters: Omar Makimov Pallotta: Populism and direct democracy: an instrumentalist approach to constitutional law? Paolo Bonini: A Judicial-Oriented Decision-Making Process as the Essence of Populism Benedetta Barbisan: Courts Like Medieval Parliaments in the Crisis of Political Representation PANEL SESSIONS V PANEL

Concurring Panels / TUES 16.50 – 18.25 95 136 The rise of memory laws 137 Judicial Methodology in times of contestation and Decision-Making I

In recent years, memory laws have been adopted by gover- nments to forward political agendas. The most recent pro- Panel formed with individual proposals. visions are often at odds with democratic values because they perpetuate official narratives, use exclusionary devi- ces and engage in transnational memory wars. This panel Room: will focus on the emerging practice of using the past as a political instrumentality through public law. It will challen- Seminario 1 ge the traditional framework of punitive and non-punitive Chair: memory laws to account for the anti-establishment charac- ter of contemporary political contestation. Further, we will Dean Knight address the role of law in articulating or denying important Presenters: events such as genocide. We will also take a comparative approach by examining cases from Western Europe, the Sebastian Lewis: post-Soviet space, Turkey and Latin America. Finally, the Can equity constrain the power of Constitutional Courts panel will offer new insights into the relationships between to invalidate the application of potential unconstitutional historical memory, democracy and the rule of law. statutes? Dean Knight: Room: Contextual review: the instinctive impulse and unstructured Seminario 2 normativism in judicial review Chair: Elena Drymiotou & Beverley Baines: Dr Uladzislau Belavusau Equal protection as inclusive political participation and judicial review Presenters: Raquel Sarria & Jose Miguel Rueda Vásquez: Natalie Alkiviadou: Judicial activism and the Rule of Law: an institutional Memory, remembrance and reconciliation: words that matter: paradox? a glossary for journalism in Cyprus Anthony Tonio Borg: Grazyna Baranowska: The Perils of Positivist Thinking in Public Law Turkish and Russian memory laws in comparative perspective León Castellanos-Jankiewicz: The resurgence of amnesties in Latin America: between remembrance and renewal Aleksandra Gliszczynska-Grabias: Legal and political deployments of memory in Central and Eastern Europe Ioanna Tourkochoriti: PANEL SESSIONS V PANEL Should the law regulate historical memory?

Concurring Panels / TUES 16.50 – 18.25 96 138 La jurisdicción 139 Regulating the constitucional en la Economy II construcción de la convencionalidad de Panel formed with individual proposals. los sistemas nacionales

latinoamericanos Room:

The current Latin American Constitutions have a common Allende Bascuñan 2 past, in many aspects, and, in addition, they try to have a Chair: Constitutional State. Consequently, importance has been given to the jurisdiction for the construction and effective- Sebastián Soto ness of the aspirational models of the regulations of the na- Presenters: tional systems. If we think that these systems are linked to international systems for the protection of human rights, Sebastian Soto: this produces a process mediated between the normative Constitutional balanced budget clauses: past, present… and and the democratic. The present table aims to develop a future? critical analysis around 4 central points. Beginning with the countermajoritarian objection - to continue with the limits Ana Luiza Calil: that can be created in the generation of an open govern- Public Planning as a tool for innovation in public sector ment model, to subsequently make the exhibition of the transformations suffered in the system of sources - and, Nikolaos Vagdoutis: finally, the interception of judicial work in the conventional Social rights constitutionalism through the concept of the and constitutional developments of Latin America will be economic constitution addressed. Stephane Braconnier: The economic freedoms facing social and economical crisis : Room: the example of France D302 Adilkhan Turekhanov: Chair: The Eurasian Economic Union (EAEU): new actor in International Law and sources of EAEU Law Diego Dolabjian Gonzalo Ramírez Angelo Jr Golia: Transnational Economic Actors and Legal Pluralism: Presenters: ‘Constitutional Disobedience‘ as an Instrument for the Carolina Machado Cyrillo da Silva: Internalization of Human Rights into Economic Legal Systems Gobierno Abierto, participación popular y el Poder Judicial en el Estado Constitucional Luz Eliyer Cárdenas Contreras : La evolución en el sistema interamericano de la doctrina del margen de apreciación PANEL SESSIONS V PANEL Pablo Sebastián López Hidalgo: El problema de la dificultad contramayoritaria en la Corte Constitucional ecuatoriana María Lorena González Tocci: Alcances, eficacia y autoridad del precedente constitucional Edgar Hernán Fuentes Contreras: Del Estado Constitucional al Estado Convencional de Derecho. El proceso de trasformación de los modelos jurídico- políticos, en el contexto Ius Constitutionale Commune en América Latina

Concurring Panels / TUES 16.50 – 18.25 97 140 Constitutional Shocks 141 Razonamiento Judicial and Transitions I y el Control del Poder

Panel formed with individual proposals. Panel formed with individual proposals.

Room: Room: FD-101 Allende Bascuñan 1 Chair: Chairs: Fred Felix Zaumseil Magistrado Eloy Espinosa-Saldaña Presenters: Cristián Villalonga Luis Claudio Martins de Araujo: Presenters: Constitutional resilience in democratic societies Cristian Villalonga: Vera Chueiri: Analizando el modelo de juez racional. Reflexiones sobre la Democracy, constitutionalism in times of crisis: the teoría de la jurisdicción en el neoconstitucionalismo impeachment as a trap to turn a parliamentary coup into a André Saddy: regular constitutional procedure El concepto de apreciatividad en el Derecho administrativo: Ebrahim Afsah: analogías y diferencias con la discrecionalidad administrativa Faith, Rationality and Legal Method: Islamic Public Law and Miguel Saltos, Andrés De Gaetano & Federico its Role in Arab State Failure Acheriteguy: Yuvraj Joshi: Hibridación y convergencia de los sistemas de control: del Racial Transition in US Equality Cases poder constituyente al juez constitucional Zoé Vrolix & Christian Behrendt: Benjamin Gajardo: The production of legal provisions in period of emergency Jueces y democracia: rescatando la idea de imparcialidad judicial, hacia una justificación normativa de la autoridad dialógica Abraham Bechara: La carga de la argumentación jurídica, como modelo de adjudicación especial de los derechos fundamentales Magistrado Eloy Espinosa-Saldaña: La labor de los tribunales en la tutela de los derechos de los sectores más vulnerables: una aproximación a la luz de la jurisprudencia del Tribunal Constitucional peruano PANEL SESSIONS V PANEL

Concurring Panels / TUES 16.50 – 18.25 98 142 Globalization 143 The Public and Private of Public Law: Divide in the Digital Innovations and World: What role for Trends of public law Public Law?

The increasing tension between the private/public divide This panel analyzes the most recent manifestations of the in the digital world requires a multi-dimensional analysis. globalization of public law. Globalization is understood as a Rui Lanceiro and Francisco Duarte explore this from trans- process which enhances interactions and interdependen- national governance, advancing the concept of corpora- cies among different juridical regimes and which is impli- te states as new transnational entities, challenging their cated in transforming the processes and practices of law epistemic legitimacy, impact on democracy and the limits production. Experts, transnational networks of knowle- of self-regulation. Vasiliki Kosta continues from the funda- dge sharing, best practices, indicators, social movements, mental rights‘ perspective, by analysing the EC‘s proposal among other phenomena, are nowadays leading forces of for a regulation on terrorist content online, discussing the law production, which does not mean that traditional pro- use of internal market legislation as a burden-shifter from cesses of law generation have disappeared. Against this public to private parties. Raquel Franco advances an eco- backdrop, how are processes of globalization transforming nomics‘ analysis, on how intelligent nudging and AI are national and international public institutions? What are potential game-changers in behaviour economics. Domin- the new centers of public law production and dissemina- gos Farinho and Ricardo Campos propose a comparative tion? What are the rationales (logics) that animate and gui- review of the regulatory frameworks concerning social de the new public law arrangements and institutions? media platforms in Germany, Portugal, France and Italy, ex- tracting key conclusions on their private/public roles. Sofia Ranchordas will discuss. Room: D405 Room: Chairs: D404 Diana Valencia-Tello Chairs: Johanna Cortes Nieto Rui Lanceiro Presenters: Domingos Farinho Helena Colodetti: Presenters: Instrumentalizing International Law: the Principle of Consistent. Interpretation and the Creation of the European Rui Lanceiro & Francisco Duarte: Union Constitutional Block The Rise of “Digital States“ in International Law Juan David Duque Botero: Vicky Kosta: Investment Protection Treaties and Regulatory Cooperation Online content regulation through internal market legislation: in the Context of Public Procurement The proposed Regulation on preventing the dissemination of terrorist content online Hugo Andres Arenas Mendoza: Conventionality Control in the Colombian Council of State‘s Raquel Franco:

Case Law in Cases of Tort Claims against the State for Will robots make you happier? Behavioral informed policies, SESSIONS V PANEL Extrajudicial Executions intelligent nudging and feedom of choice Diana Carolina Valencia-Tello & Johanna Cortes Nieto: Domingos Farinho & Ricardo Campos: Disciplining Public Procurement Law. The OECD in Colombia The legal regulation of social networks across Europe Sofia Ranchordas: Discussant

Concurring Panels / TUES 16.50 – 18.25 99 144 Authority, 145 Comparative Administrative responsiveness and Law: Assessing the State of democratic checks: the Field the challenges of Comparative Administrative Law (CAL) has a venerable public law in the history stretching back to the nineteenth century and be- new constitutional yond. Over the last ten years, interest in the field has fur- ther intensified. The last decade has seen new monogra- landscape phs, new research handbooks (with more on the way), the organization of conferences, the creation of chairs focused The current era is marked by growing distrust of democra- specifically on CAL, as well as an increase in inter-disci- tic institutions and traditional issues of public law become plinary and inter-doctrinal linkages. The latter include relevant again. These include limits on power, controls over research connecting CAL to comparative constitutional the authority's decisions and the criteria under which the law, comparative policy analysis, global administrative law, authority is accountable to the population. This panel will international economic law, law and development, public discuss them in theoretical and dogmatic levels. In the first administration, regional integration, and state formation, place, there will be three papers that will refer to the need just to name a few areas. This panel, organized as a roun- to reformulate the general theory of Administrative Law, dtable with significant audience interaction expected, will in such a way that it manages to contain the overflows of reflect on the last ten years as well as potential future di- authoritarian governments. We will try to answer how to rections in terms of geographical scope, methodologies, articulate a system of control of the administration that is institutions, and research linkages with other fields, among also capable of allowing it the flexibility it requires to con- other topics. trol those of market actors. Linked to the above, the fourth paper will analyze the degree of autonomy that public law should recognize to the armed forces. Finally, the fifth pa- Room: per will examine the compatibility between social protest A103 and law. Chairs:

Room: Peter Lindseth Mariana Prado A101 Roundtable featuring: Chair: Yoav Dotan Viviana Ponce de León Mariolina Eliantonio Presenters: Cheng-Yi Huang Guillermo Jiménez: Jud Mathews Bureaucracy and resistance to authoritarianism Joana Mendes Matías Guiloff: Giulio Napolitano Los límites de la responsividad George Lambeth:

PANEL SESSIONS V PANEL Financial Stability and Risk Regulation. A Normative assessment of unelected power as a limit case in Public Law Pablo Contreras: “Obedientes y no deliberantes“: fuerzas armadas, autonomía y control democrático en Chile Daniel Mondaca: Derecho y protesta social: una tensión irresoluble

Concurring Panels / TUES 16.50 – 18.25 100 146 New Approaches to 147 The Roles of the People Enduring Problems in Law and Politics in Public Law Panel formed with individual proposals. Panel formed with individual proposals. Room: Room: R510 Auditorio CAP Chair: Chair: Andres Biehl Carolina Cardenas Presenters: Presenters: Mauricio Wosniaki Serenato: Beke Zwingmann: A bet on the people: strong democracy and weak constitutionalism in the context of constitutional Domestic versus foreign affairs – an outdated dichotomy? democracies' tensions Maíra Almeida & Carlos Bolonha: Michael Da Silva & Daniel Weinstock: Is Thin Rationality Review a possibility in the Brazilian Domestic Democratic Majorities and International Administrative State? Constraints: The Case of Language Gustavo Buss: Sarah Burton: Judiciary protagonism in the context of authoritarian Locating The People: Non-Resident Enfranchisement and governments National Identity in a Globalized World Ricardo Cruzat Reyes: Hoai-Thu Nguyen: Regulating through litigation: the nature of regulatory rulings Redefining the notion of ‘free and fair‘ elections in the digital Gisela Ferrari: age The Migration of Constitutional Ideas in Latin America: Andres Biehl, Francisco Urbina & Rodrigo Perez de Arce: Dynamics, Underlying Assumptions, and Possible Voting as Ritual: an Account of the Communal Dimension of Improvements Elections PANEL SESSIONS V PANEL

Concurring Panels / TUES 16.50 – 18.25 101 148 Developing 149 The Powers of International Law and Legislators and Institutions Legislation

Panel formed with individual proposals. Panel formed with individual proposals.

Room: Room: Sala Juicio Oral Sala Mediación Chair: Chair: Danielle Rached Vanessa MacDonnell Presenters: Presenters: Danielle Rached: Giovanni Piccirilli: Authority in the Global Health Governance A Gesetzesvorbehalt for the European Union after the Treaty of Lisbon? The impact of the new category of “legislative acts“ Francisco Lobo: on the concept and aims of legislation Empire Strikes Back: Comparative Notes on Evolving Conceptions of Western Imperialism Maciej Pisz: Challenges in the area of the sources of law in contemporary Pablo José Castillo Ortiz & Carlos Closa: Polish constitutional law Integration Clauses in Latin-American and Caribbean Constitutions Ivan Sammut: In times of change – the evolution and the democratization Nikos Vogiatzis: of the European Union‘s agencies as the ‘fourth‘ branch of Margin of appreciation and subsidiarity: The Strasbourg government Court post-Protocol 15 ECHR Martijn van den Brink: Elisabetta Morlino: Justice, Legitimacy, and the Authority of Legislation within The power of the purse: the law of international organizations the European Union between social development and economic interests Vanessa MacDonnell: Valentina Volpe: Quasi-Constitutional Legislation and Constitutional The United Nations and Democracy Promotion. The Pervasiveness Importance of Being Earnest PANEL SESSIONS V PANEL

Concurring Panels / TUES 16.50 – 18.25 102 150 Changing Public Law 151 The Unconstitutional through Cultural Constitutional Heritage Amendment Doctrine

Countries may delimit their own conceptions of “national Panel formed with individual proposals. cultural patrimony“ according to their cultural sensibility, historical narratives and political strategies. This multidis- ciplinary panel examines how specific categories of new Room: and emerging cultural heritage may affect the laws which D303 purport to regulate the cultural interest in property. Fas- hion, for example, is a new and emerging category of cultu- Chair: ral heritage. Classifying film as cultural heritage presents issues of copyright and freedom of expression. The des- Eduardo Moreira truction of cultural sites and monuments may or may not Presenters: be allowed by cultural heritage and public law. How do the- se phenomena affect and change cultural heritage law and Atagun Mert Kejanlioglu: public law more broadly? The “people“ as an obstacle to an effective unconstitutional constitutional amendments doctrine: Lessons from Turkey

Room: Ondrej Preuss: Aquiles Portaluppi The Eternity Clause – Lessons from the Czech Example (recent developments) Chairs: Eduardo Moreira: Lorenzo Casini The Implicit Limits of Constitutional Amendments Sabino Cassese John Dinan: Presenters: The Unconstitutional Constitutional Amendment Doctrine Evgeniia Volosova: in the American States: State Court Review of State Constitutional Amendments in the U.S. Soviet Cinema in Changing Post-Soviet Copyright Law Katy Sowery: Felicia Caponigri: Unconstitutional Constitutional Amendments: the case of the Fashion, Design and the Future of Cultural Heritage Law European Union Mariafrancesca Cataldo: The (Public) Law of Cultural Heritage in the face of Terrorism and Diplomacy Gabriela Atucha Rossi: Intangible Cultural Heritage and its Protection in Chilean Law PANEL SESSIONS V PANEL

Concurring Panels / TUES 16.50 – 18.25 103 Wednesday 3 July 2019 08.20 – 09.55 Panel Sessions VI

104 152 Courts and 153 Challenges to Freedom Constitutions in of Expression I Authoritarian Regimes Panel formed with individual proposals. From Latin America to Africa to Asia, questions about the role of courts and constitutions in authoritarian regimes Room: has become all the more urgent since the turn of the 21st century. This panel explores different problems faced by Sala Mediación new democracies with a background of an authoritarian Chair: or a dominant political party in power. Some problems concern the challenges faced by judges and constitutio- Cristian Román nal designers in the face of consolidated political power. Others concern how powerful incumbents themselves Presenters: use constitutional strategies to entrench power. Different Cristian Román: comparative perspectives will be offered along theoretical, empirical, and historical lines. #Twitter and @Administration (Government) Cherian George: Room: Authoritarian contagion: the impact of Western disinformation laws on media repression in Asia D303 Fritz Siregar: Chair: Disinformation and Black Campaign on 2019 Indonesia Mark Tushnet Election – Freedom Speech vs Protect Election Process Presenters: Uriel Silva: From the mask to the hologram: on political representativeness Samuel Issacharoff: and sovereign legitimacy after fake news Courts and Intralegal Oppression Magdalena Jozwiak: James Fowkes: The development on the EU approach to online privacy and Dugard‘s Question: South Africa, Latin America, and Judicial brief history of online content moderation Complicity in Evil Regimes Yvonne Tew: Courts in Transition: Judicial Empowerment in Malaysia and Singapore Po Jen Yap: Authoritarian Regimes and Courts in Asia PANEL SESSIONS VI PANEL

Concurring Panels / WED 08.20 – 09.55 105 154 Crime and Punishment I 155 DEBATE! Is there a regional ius commune Panel formed with individual proposals. in Latin America?

Room: The term Ius Constitutionale Commune en América Latina (ICCAL) is an initiative coined by scholars who have been Sala Reuniones LLM documenting, conceptualizing, and comparing the develo- Chair: pment of Latin American public law for more than a deca- de. It encompasses themes that transcend national borders Ike Chianaraekpere and legal fields, involving constitutional law, administrative Presenters: law, general public international law, regional integration law, fundamental rights, and investment law. For its critics, Maksim Karliuk: however, this project is the latest expression of competing Against ‘Punishment‘ agendas within the Latin American legal space. Its suppo- sed strong Eurocentric and judicial inclination may present Ike Chianaraekpere & Azubike Onuora-Oguno: a normative straitjacket to the pluralist historiographies of Charting A New Course in Sexual Violence Prohibition and the region, thus neglecting constructions from below. Mo- Protection in Nigeria: A Need To Reappraise Public Law reover, conceptual, epistemological and democratic limits Jurisprudence In Nigeria? may blind the ICCAL project and hinder it from presenting a full account of Latin America‘s public law(s). Herlambang P. Wiratraman: Criminalising Justice: The use of law on ‘ideological stigmatisation‘ for attacking human rights movement in Room: Indonesia Auditorio A. Silva Daniel Pascoe & Andrew Novak: Chair: Longitudinal Constitutional Trends in Clemency since Sebba (1977) J.H.H Weiler Marcin Szwed: Presenters: Personal liberty v. positive obligations of the state – limits of Arturo Villagran: preventive detention of dangerous offenders A Human Rights´ Tale of Competing Narratives Ximena Soley: Struggles within the Human Rights Field: The Matter of Real and Supposed Competing Narratives Alejandro Rodiles: The ICCLA Project: Latin American Public Law or Global Public Law in Latin America? Juan C. Herrera: Transformative Constitutionalism: An Original Latin American Understanding of Public Law PANEL SESSIONS VI PANEL

Concurring Panels / WED 08.20 – 09.55 106 156 International Economic 157 Constitutional Law and Transformative Foundations Constitutionalism in The panel considers the foundations of constitutions - the Latin America I: Framing rules that must be parts of a constitutional order, and the the Issues consequences of including rules in the foundations of the state. The identity of the state as social institution will be Two deep shifts have transformed the legal, political, and considered, the role of popular sovereignty examined, and economic landscape of Latin America in the course of the the significance of a state's founding document surveyed. last decades. On the one hand, the region has witnessed the emergence of a transformative constitutionalism in the form of a dense network of materials, institutions, and Room: communities of legal practice whose interactions have gi- LLM94 ven rise to a veritable Ius Constitutionale Commune en América Latina. On the other, Latin America has been sub- Chair: ject to an equally dense network of trade and investment agreements as well as governance practices of internatio- Vanessa Macdonnell nal financial institutions, amounting to a regional complex Presenters: of international economic law norms. Inevitably, both fra- meworks are increasingly interacting, thereby triggering Rivka Weill: conflicts, synergies, and unintended consequences. This We the Territorial People: Popular Sovereignty as a Territorial panel examines the interactions between transformative Concept constitutionalism and international economic law in the region, and explores the resulting challenges for human Peter Oliver: rights and democracy. Canada‘s 'Constitution Similar in Principle to that of the United Kingdom': A Sustainable Jurisprudence of Constitutional Principles Room: Nicholas Barber: D304 Fundamental Rules of Constitutions Chair: Armin von Bogdandy Presenters: Rene Uruena: International Economic Law in the Inter-American Legal Space: Domestic Review and the Fair and Equitable Treatment Standard Paulina Barrera Rosales: All Subjects Considered: the Role of Indigenous Peoples in the Relationship between the Ius Constitutionale Commune en América Latina and International Economic Law Judith Schönsteiner: Business and Human Rights: Just a “Soft“ Transformation? Franz Christian Ebert: International Financial Institutions and Transformative Constitutionalism in Latin America: The Case of the World Bank PANEL SESSIONS VI PANEL

Concurring Panels / WED 08.20 – 09.55 107 158 Constitutional politics 159 Administrative Law and and comparative Automated Government institutional design Decision-Making

In the field of constitutional theory, normative questions Several recent events have renewed debate in Australia such as the appropriate role of courts, the nature of cons- about whether existing administrative law principles and titutional adjudication and the appropriate approaches institutions are fit-for-purpose in the modern era of tech- to interpretation are often discussed without any explicit nology-assisted government decision-making. The most reference to a specific institutional setting in which these controversial is the Commonwealth Government‘s use of normative answers are expected to obtain acceptance. technology to identify possible social security overpay- But variations in institutional design can be linked to di- ments and generate notices requiring individuals to explain fferent answers in these questions: they can be shaped by why they do not owe a debt, known as ‘robodebt‘. In 2017, different understandings, in that community, of the role of the Government announced plans to automate visa pro- courts and of public law. Moreover, differences in institu- cessing - an area which has caused controversy and gene- tional design can also help shape these understandings and rated the bulk of judicial review cases for several decades. normative expectations themselves. In this panel, the pa- And in 2018 the Federal Court found that a computer-ge- pers approach recurrent problems in constitutional theory nerated notice informing a taxpayer of the amount of their and public law in a comparative fashion, or that contextua- debt was not a ‘decision‘ for the purposes of administrative lize and explain answers to these problems by means of law. This panel will explore the implications of these, and case studies that make visible the possible connections be- other, technological developments for administrative law, tween theory and variations in institutional arrangements. and ask how the law can adapt to the modern realities of government administration.

Room: Room: D402 LLM91 Chair: Chair: Jaclyn Neo Janina Boughey Presenters: Presenters: Diego Werneck Arguelhes: Maria O'Sullivan: Transformative constitutionalism, institutional failure, and judicial populism Automation: Developing Technological Procedural Fairness Jaclyn Neo: Katie Miller: Constitutional Amendment in Southeast Asia: Theory, Back to Basics: Who “decides“ in automated government Practice, and Reflection decision-making? Thomaz Pereira: Janina Boughey: Constitutional Amendment in Latin America: Theory, Practice Proving legal error in an age of Automated Decision-Making and Design Fernando Muñoz: Dictatorship, neoliberalism, and natural law: constitutionalizing the concept of discrimination in Chile (1973 – 1980) Or Bassok: The Schmitelsen Court: The Question of Legitimacy PANEL SESSIONS VI PANEL

Concurring Panels / WED 08.20 – 09.55 108 160 Comparative 161 Challenges to Impeachment: Constitutional Removing Executives Democracy in Latin America All presidential systems and many parliamentary systems have mechanisms for removing executives who have com- mitted crimes or are incapacitated. These mechanisms This panel explores the challenges to constitutional demo- vary widely, with important consequences for the political cracy in Latin America. Some papers are country specific, system. Recent experience in South Africa, South Korea, focusing on Brazil or Venezuela. Others look at more ge- Pakistan, Korea, and Brazil shows that removal by impea- neral problems in the region associated with human rights chment is not uncommon, nor necessarily problematic for law or constitution making. the system as a whole. This panel will explore recent cases to understand when removal mechanisms are used—and abused. Room: A101 Room: Chair: Auditorio Claro Ana Micaela Alterio Chair: Presenters: Tom Ginsburg Luisa Netto: Presenters: Brazil: At risk of becoming an Illiberal Democracy? Aziz Huq & Tom Ginsburg: Jorge Contesse: Removing Presidents: A Comparative Exploration “Human Rights Law and Constitutional Democracies in Latin America“ Yoav Dotan: Joshua Braver: Impeachment by Judicial Review: Israel's Odd System of Checks and Balances ExtraOrdinary Adaptation: Popular Constitution-Making in Post-Cold War South America Juliano Zaiden Benvido: Raul Sanchez-Urribarri: Behaviors Matter: Dilemmas and Side-Effects of the Brazilian Supreme Court's Behavior during President Dilma Rousseff‘s High Courts and Autocratic Consolidation: The Venezuelan Impeachment Supreme Court under Nicolas Maduro's Rule (2013-2018) Commentator: Ana Micaela Alterio: Sabrina Ragone Discussant Tarunahb Khaitan Discussant PANEL SESSIONS VI PANEL

Concurring Panels / WED 08.20 – 09.55 109 162 The Relationship 163 Transitional Justice: between Constitutional the new challenge for Democracy and a Janus- Mexico faced Civil Society For several years, Mexico has experienced a phenomenon of large-scale violence, marked mainly by forced disappea- Courts and civil society are indispensable elements for rance, torture and massacres of the civilian population and, the development of democratic constitutionalism. Indeed, with this, serious violations of human rights. The crisis of they often work hand in hand to place strong checks with violence and its consequences have not been addressed by the government. Nevertheless, the rise of populism de- the institutions and ordinary mechanisms of justice, and monstrates another dimension of civil society. This panel the design and implementation of a transitional justice po- aims to explore the dynamics between courts, civil society, licy has been discussed only in recent months. Transitional and constitutional democracy. In her paper, Chang focuses justice applies when you move from an authoritarian re- on how the constitutional court and civil society in South gime to a democracy or when you go from a state of civil Korea and Taiwan have placed their checks with the gover- war to one of peace. However, in the case of Mexico, tran- nment and whether the constitutional court and civil so- sitional justice finds its root in serious human rights viola- ciety have –or have not– collaborated with each other. By tions that afflict the country. A public policy of transitional contrast, Lin indicates that without correct and sufficient justice for Mexico should clarify the facts that caused the information, and genuine understanding and deliberation, violence and identify those responsible, reduce impunity, civil society may have the potential to undermine demo- repair the victims for the damage suffered and rebuild the cracy. Finally, Shaw argues that the concept of militant social fabric, as well as prevent the repetition of the facts. democracy is not the ideal starting point for safeguarding democracy in Taiwan when facing China‘s threat. Room:

Room: Seminario 3 Auditorio E. Frei Chair: Chair: Irene Spigno Wen-Chen Chang Presenters: Presenters: Luis Efren Rios Vega: Wen-Chen Chang: Justicia transicional y la jurisprudencia de la Corte Interamericana de Derechos Humanos contra Mexico en los Constitutional Court and Civil Society in Constitutional casos de desaparición forzada de personas Governance: South Korea and Taiwan in Comparison Juan Francisco Reyes Robledo: Chun-Yuan Lin: Justicia Transicional en México: Contexto, Experiencias y When democracy becomes its own enemy—the problems of Retos 2018 Public referendum in Taiwan and possible proposals Paloma Lugo Saucedo: Yung-Djong Shaw: Femicidio en México. Diez años después del caso Campo Countering “sharp power“: First thoughts on a theory of Algodonero (González y otras) constitutional security PANEL SESSIONS VI PANEL

Concurring Panels / WED 08.20 – 09.55 110 164 Current Controversies in 165 Sistema de Justicia y European Lawmaking Desafíos para la Protección de los Derechos Panel formed with individual proposals. Panel formed with individual proposals. Room: Seminario 2 Room: Chair: Seminario 1 Zsolt Szabó Chair: Presenters: Lautaro Ríos Robert Siucinski: Presenters: Common European Heritage of Administrative Procedure Diego Gamarra: Marta Morvillo: Decisiones constitucionales sobre especificación de derechos. From contestation to accountability in EU pesticides Contribuciones para un modelo más comprometido con la regulation: the case of glyphosate democracia Martijn van den Brink: Francisco Bustos: Legislative Interpretation within the European Union: The El Estatuto de Roma de la Corte Penal Internacional y su Challenge of Legislative Intent empleo por parte de los tribunales chilenos (1998-2018) Zsolt Szabó: Lautaro Ríos: Parliamentary committees of inquiry and rights of the El Principio Fundamental de Inexcusabilidad Resolutiva opposition Ariana Macaya: Ute Lettanie: Internacionalización del Derecho Constitucional y The ECB‘s Performance under the ESM Treaty on a Sliding Judicialización de la política: el impacto del Sistema Scale of Delegation Interamericano de Protección de Derechos Humanos en la resolución de controversias socio-políticas en Costa Rica Gaspar Jenkins Peña y Lillo: La Acción de No Discriminación a la Luz de la Tutela Judicial Efectiva. Un Examen Práctico Carolina Vergel: Tecnología y derechos sexuales y reproductivos PANEL SESSIONS VI PANEL

Concurring Panels / WED 08.20 – 09.55 111 166 Author Meets Readers: 167 Rise and Fall of Democracy, category Constitutions: Promises politics and anti- and Challenges discrimination law Modern society has turned the Constitution into a privi- leged locus of political struggle, as the conquest of cons- The law prohibiting discrimination sits within the consti- tituent power came to be imagined as an irresistible and tutions of many legal systems around the world. This law magic-like social force capable of purging a polity of all its traditionally focuses on individual actions and behaviour. vices. The rise of a Constitution is often portrayed as a time Hernandez speaks to the conference theme of public law in of hope and promise. Its depictions, both intellectual and a time of change by articulating the new challenges which imagined, are those of a new political dawn. And yet, more anti-discrimination law must tackle, and how it must chan- often than not, constitutions fail to deliver on its chant of ge – or not change - if it is to do so effectively. She focuses in redemption. Through a comparative analysis of the birth, her book on the elevation by policy makers and legislators growth and life of the 1975 Greek Constitution, 1988 Bra- of a new category of ‘mixed-race‘ victims of discrimination. zilian Constitution, 1997 South African Constitution and She considers whether this apparent extension of the pro- the 2014 Egyptian Constitution we will try to answer the tection from discrimination is in fact a retrenchment from following two questions: “what challenges do constitutions the fight against discrimination, and the consequences of face at inception“ - and “what forces lead to constitutional this. Hernandez writes in the American context but her decay“? The countries chosen are meant to serve as snaps- questions are not limited to the USA. Readers from the hots of discrete constitutional moments in states with a United Kingdom, Brazil and the United States. will com- tradition of institutional instability. ment upon how anti-discrimination law should respond to these new challenges. Room: Room: Auditorio P. Aylwin LLM92 Chair: Chair: Ghazal Miyar Iyiola Solanke Presenters: Presentator: Ghazal Miyar: Tanya Hernandez: Out of the Frying Pan? South Africa's Constitutional Multi-racials and Civil Rights: Mixed-Race Stories of Inadequacies Discrimination Bruno De Sousa Rodrigues: Audrey MacFarlane: Brazil: constitutions in times of trouble Discussant Eirini Tsoumani: Thiago Amparo: Rationality ruptures in austerity Greece and the Role of the Discussant Constitutional Judge Terry Smith: Mohamed Abdelsalam: Discussant Do Egyptian Judicial Practices Constitute the Major Force to Protect the Rule of Law PANEL SESSIONS VI PANEL

Concurring Panels / WED 08.20 – 09.55 112 168 Beyond Cake-Baking : 169 The Possibility of Regional Freedom of Expression, Constitutionalism in Asia Freedom of Religion and Recent decades have witnessed the discussion and deba- Equality After Masterpiece te on the possibility of regional constitutionalism around Cakeshop and Ashers the world, such as the Global South constitutionalism and the North American constitutionalism. Given Asia‘s ethnic, Baking Company linguistic, religious, and cultural mosaic, however, whether there will be regional constitutionalism in Asia seems to be Two recent cases, Matsterpiece Cakeshop v. Colorado [US] more problematic. This panel endeavors to provide a tenta- and Lee vs. Ashers Baking Company [UK] present, in stark tive answer on this puzzle. Yeh analyzes this question from terms, the potential clash between the commitment to three perspectives: tradition and transplant, transition and equal protection (and antidiscrimination), and the commit- institution, and globalization and competition. Lin takes a ment to free speech (and freedom of religion). In both cases more modest stance, suggesting that a dialogic model of the apex courts sided with the bakers (and thus de facto or judicial review may be one common ground despite the de jure upheld their claim not to engage in what they saw diversity of constitutionalism in East Asia. Finally, Su arti- as compelled speech), but the reasoning and the judicial culates Taiwan‘s chequered development of transitional strategy of the two courts for managing the conflict differs justice, another buzzword of constitutionalism in East Asia greatly. Moreover, each decision raise serious concerns in given the region‘s horrible history of rights protection. terms of its justification, coherence with principles underl- ying constitutional jurisprudence, and potential impact on speech and equality alike. The panel will closely examine Room: these decision, critically analyze the reasoning of the two courts (and the courts below), and reflect on the potential A102 significance of the decisions in the US, the UK, and trans- Chair: nationally. Jiunn-Rong Yeh Presenters: Room: Chien-Chih Lin: Pedro Lira Dialogic judicial review and its problems in East Asia Chair: Yen-Tu Su: Mattias Kumm Transitional Justice and Political Compromise in Taiwan Presenters: Jiunn-Rong Yeh: Amnon Reichman: Regional Constitutinalism: Asia in Focus Expressive Commerce, Anti-Discrimination and Freedom of Association: Lessons from the Old Common Law Kai Möller: Religious Objection, Compelled Speech, and Compelled Acts Menaka Guruswamy: Equal Protection, Justice and Speech PANEL SESSIONS VI PANEL

Concurring Panels / WED 08.20 – 09.55 113 170 Law and Violence: 171 Constitutionalism, Structural Democracy and Entanglements of Constitutional Change Public/EU/Public The recent wave of populist leaders employ an array of International Law means to erode democracy in a legal, gradual and incre- mental process. One mechanism at the service of those Rather than focussing exclusively on how public law and re- leading the process is formal constitutional change. Po- gulation, at both the domestic and transnational levels, has pulist leaders reject 'intermediaries between the people or ought to respond to exogenous shocks, crisis and shifts, and themselves', thereby often turn directly to the people this panel instead examines the structural violence inhered in course of executing their agenda. Also, they often limit in Public Law‘s substance and form and the (re-) production the power of the judiciary and simultaneously engage in of that violence. Bringing together scholars from different court-packing. What is a legitimate exercise of ‘the people‘, legal disciplines, the panel will discuss both the hetero- how can we ensure the legitimacy of popular mechanisms, genous forms of violence- whether ‘locked-in‘/produced such as constituent assemblies, and can popular mechanis- by public law- and the varying temporalities of violence- ms override formal constitutional procedures? Also, how whether reproducing imperial strategies or imagining new should we respond to threatened, pressured or packed horizons of violence. In problematising the discursive and courts that have legitimated anti-democratic constitutio- material presumptions and pretensions of public law at nal changes? And should we construct a new judicial role its different levels, the panel tentatively hopes to reveal a that would be tailor-maid to face challenges to judicial in- greater complexity in the question of ‘how far can public dependence in populist times of democratic erosion? This law go in responding to‘ and perhaps begin to identify some panel discusses these challenges. of the endogenous problems of public law.

Room: Room: Aquiles Portaluppi Allende Bascuñan 2 Chair: Chair: Francisca María Pou Giménez Eva Nanopoulos Presenters: Presenters: Kim Scheppele: Maria Tzanakopoulou: The Fictional Legitimation of Constituent Assemblies Market Discipline and the Constitution Richard Albert: Maria Ioannidou: Discretionary Referendums in Constitutional Amendment Digital Markets and Structural Violence: the role of competition law Rosalind Dixon & David Landau: Tanzil Chowdhury: Abusive Judicial Review: Courts Against Democracy Continuities of Empire in UK Public Law Yaniv Roznai & Tamar Hostovsky Brandes: Eva Nanopoulos: Democratic Erosion, Populist Constitutionalism and The Unconstitutional Constitutional Amendments Doctrine Discussant Paper: Theories of Legal Change PANEL SESSIONS VI PANEL

Concurring Panels / WED 08.20 – 09.55 114 172 La constitucionalización 173 Judicial Methodology de la teoría del derecho and Decision-Making II

The workshop seeks to generate a dialogue about the pos- Panel formed with individual proposals. sibility of building a theory of law according to the new po- litical and constitutional framework. A legal theory focused on the strengthening and defense of the social and consti- Room: tutional State. In the construction of this theory mistakes Allende Bascuñan 1 are made, as starting from the constitutional literalism, or an epistemological reductionism that ends up transforming Chairs: moral or political concepts into legal norms by the mere fact of being in the Constitution. This is not only a theore- Eneida Desiree Salgado tical but a political task. Legislative and judicial legitimacy Presenters: crisis requires the construction of conceptual tools that make feasible the defense of the Rule of Law. A constitutio- Eneida Desiree Salgado, Renan Guedes Sobreira & Erick nalized theory of law is imperative, as the dialogue around Kiyoshi Nakamura: the sources of law, the concept of standards from the prin- A menace in robes: judicial populism, democratic ciples, their application, interpretation and balancing, the constitutionalism in jeopardy incorporation of the constitutionality block, for an effecti- ve defense of the constitutional State. Kenny Chng: A Theory of Precedent in Constitutional Interpretation in Singapore Room: Shucheng (Peter) Wang: D302 Judicial documents as a robust basis for judicial decision- Chairs: making by China‘s courts Milton César Jiménez Ramírez Sebastian Lewis: Sergio Iván Estrada Velez Should precedents bind or persuade? The pros & cons Jorge Ernesto Roa Roa Carolina Alves das Chagas: Presenters: The Perils of Judicial Avoidance: on deciding not to decide and Juan Carlos Ospina: the Rule of Law La constitucionalización transitoria del derecho Eszter Bodnar: Guillermo Otalora Lozano: The Use of Comparative Law in the Practice of the Supreme Razones de principio y razones de política en la Corte Court of Canada: A Quest for Methodology Constitucional de Colombia Fabian Salazar: El estándar de reparación integral: Más allá de las graves violaciones de Derechos Humanos Diana Maria Molina portilla: El impacto del constitucionalismo en la teoría social y económica de los derechos humanos en Colombia Carolina Valencia Mosquera: Educación al servicio del constitucionalismo “De cómo hacer cosas con la constitución y no desfallecer en el intento“ Alejandro Gomez Velasquez: ¿Separación con colaboración? Una propuesta en favor de la colaboración armónica entre poderes en los Estados contemporáneos PANEL SESSIONS VI PANEL

Concurring Panels / WED 08.20 – 09.55 115 174 Constitutional Shocks 175 Rights in Hard Times and Transitions II This Panel intends to analyse, in a comparative perspec- tive, the problem of the protection of fundamental rights Panel formed with individual proposals. in several legal systems. This protection is suffering from serious limitations in many countries, also due to the global Room: economic crisis. Panelists will deal with the role of legisla- tion and the Courts of justice. In particular, the growing in- FD-101 tervention of judges can raise risks in terms of democratic balance but, in several cases, has brought about stronger Chairs: guarantees in favour of individual and collective rights. Oya Yegen

Presenters: Room: Cristian Eyzaguirre & Ventura Charlin: D405 A Century of Constitution-Making Processes in Latin America: Chair: An Inclusiveness-Based Comparative Analysis (1917-2016) Bernardo Giorgio Mattarella Davide Zanoni: From legal certainty to legal resilience? New paradigms of Presenters: legal transition in contemporary risk society Marco D'Alberti: Nikolaos Skoutaris: Citizens‘ Rights and Public Administration: A Comparative On Brexit and Secession(s) Perspective Timothy Waters: Francesca Pileggi: Partitioning Kosovo: Moral and Practical Grounds for Pros and Cons of Judicial Intervention Redrawing State Borders Diana Maria Castano Vargas: Ayesha Wijayalath: The Inter-American Court of Human Rights The 2018 constitutional coup of Sri Lanka: the role of the Peter Lincoln Lindseth: judiciary and the constitutional culture Discussant Oya Yegen: Turkey‘s Switch to Presidential System: Presidentialism à la Turca or Latin-American style of presidentialism? PANEL SESSIONS VI PANEL

Concurring Panels / WED 08.20 – 09.55 116 176 The Evolution of 177 Pluralismo Jurídico y Public Law in Times of Desafíos para el Estado Democratic Transition: Panel formed with individual proposals. South Africa and Beyond

The conference theme recognises the ‘myriad of new cha- Room: llenges‘ public law is facing around the globe. This context LLM93 reflects high levels of corruption and maladministration - stunted efforts to realise the human rights project - and Chairs: challenges in participatory democracy – particularly in Diana Valencia-Tello states in transition to democratic government. As such, established public-law doctrines and principles have been Presenters: forced to adapt to respond to these shifting politico-legal realities. This panel explores the dynamic and adaptive Cristian Montero: role that domestic and international public law principles, Derecho Administrativo en tiempos de transformaciones: values and doctrines play in building and consolidating breves notas sobre la ciencia administrativa como ciencia democracy, with particular focus on the South African ex- directiva perience. The panellists will explores these issues, each fo- cusing on particular doctrines of domestic or international Sergio Estrada: public law, to revisit what we understand by concepts such La Constitucionalización de la Teoría jurídica en el marco del as justice and doctrines such as the separation of powers as Estado social y constitucional de Derecho tools for better government and thus enhanced individual Gerardo Enrique Vega: liberty. . La desarmonía normativa provoca inestabilidad en el derecho público y afecta derechos de las personas Room: Hernán Correa-Cardozo: A103 Los límites del constitucionalismo a la democracia directa: El caso del plebiscito para el Acuerdo de Paz en Colombia Chair: Diana Valencia-Tello: Hannah Woolaver Pluralismo Jurídico. Análisis de tiempos históricos Presenters: Raisa Cachalia: Exploring the Relationship between Violent Protest and Procedural justice in South Africa‘s Democratic Transition Hannah Woolaver: ‘Democratic Participation and the Separation of Powers in Treaty Making in South Africa and Beyond‘ Lauren Kohn: ‘Reconceptualising the Separation of Powers: Arguments for the Formal Constitutional Recognition of a Fourth Branch of State, “the Integrity Branch“‘ PANEL SESSIONS VI PANEL

Concurring Panels / WED 08.20 – 09.55 117 178 Litigation and 179 Environmental Protection Representation in Comparative in the Public and Perspective Private Spheres Panel formed with individual proposals. Panel formed with individual proposals. Room: Room: Sala Juicio Oral R510 Chair: Chairs: Pasquale Viola Sofía Ferrara Presenters: Presenters: Justine Bendel: Eli Bukspan: Access to international courts and tribunals in environmental Business and Human Rights in the New Era: Class Actions and disputes: towards public interest litigation? Public Class Actions‘ Fund as a Missing Link Juan Sebastián Villamil Rodriguez & Manuel Fernando Sofia Ferrara: Quinche Ramirez: Corporate governance of State-owned enterprises Civil Rights, Political Representation and Environment: The regressive effect of the decisions of the Constitutional Court Ranieri Lima-Resende: of Colombia De Facto Quasi-Regulatory Agencies in Brazil: A Case Study Thuany de Moura Costa Vargas Lopes: on the Truckers‘ National Blockade Environmental Democracy and Human Rights in Times of Ricardo Cruzat Reyes: Political and Economic Crisis in Brazil Regulating through litigation: possible advantages Ignacio Urbina: Barry Solaiman: Environmental Law Enforcement in the US and Chile: A The Fallacy of Lobbying Transparency: Towards a New Comparative and Functional Review Conception of Regulation in Democratic Politics Shazny Ramlan: Diogo Alves Verri Garcia de Souza: God in Indonesia‘s Environmental Constitutionalism: An The limit of the public interest and the state agent‘s privacy Untapped Resource in Times of (Climate) Change? before the State Pasquale Viola: Post-development Paradigms from a Constitutional Top- down Approach: An Outline on Some Relevant Environmental Experiences in Asia and AfricaComparative and Functional Review PANEL SESSIONS VI PANEL

Concurring Panels / WED 08.20 – 09.55 118 180 Reforming the Chilean 181 Constitutional Asymmetry Constitutional Court: the in Multinational Federalism complex voyage of the experts commission - Federal systems, and multi-tiered systems in general, are in a permanent modus of change as a response to tensions discussion panel between diversity claims and integrity requirements. The- se tensions are most extreme in multinational systems. This discussion panel explores the work conducted by a In scholarship, constitutional asymmetry has been iden- group of 16 constitutional academics and think tank re- tified as a tool for multinational conflict management. At searchers. Through January until May of 2019, this group the same time, constitutional asymmetry is distrusted for conducted an in-depth analysis of the Tribunal Constitu- threatening legitimacy and stability. The paradox of consti- cional, in aspects such as composition and selection pro- tutional asymmetry, then, is that it simultaneously contains cess of their judges, institutional functioning, exercise of the seeds for stability and instability of multinational sys- its powers, institutional conflicts with the Congress and tems. In this panel, we discuss the link between asymmetry the Supreme Court, sentence effects, challenges of the and multinational systems - we address the risks inherent regionalization process to its powers, among others. This to constitutional asymmetry - and we apply this to multi- group emerges in the middle of an important but polarized national systems world-wide, and to the European Union political debate in Chile during the last year around the in particular. role of the Tribunal Constitucional in our democracy, and the many institutional tensions that it‘s action causes. Be- sides analyzing the final document it would be part of the Room: discussion some aspects regarding the methodology of the work, the relation of the group with the key players of the Auditorio CAP reform and the impact of Comparative Constitutional Law. Chairs: Patricia Popelier Room: Presenters: D404 Maja Sahadžić: Chair: Constitutional asymmetry vs. legitimacy and stability José Francisco García Erika Arban: Presenters: Constitutional Asymmetries in Italian Regionalism Gastón Gómez: Pieter Van Cleynenbreugel: Chair of the group of experts, Presentation of the group‘s Asymmetry as a way to move forward with multi-tiered findings and proposals integration? Constitutional asymmetries in the European Miriam Henríquez: Union Discussant with particular consideration of the Constitutional James Gardner: Court powers Discussion Patricio Zapata: Discussant with particular consideration of justice‘s eligibility requirements and selection process Arturo Fermandois: Discussant with particular consideration of the impact of comparative constitutional institutions and experience in the group´s reform proposals PANEL SESSIONS VI PANEL

Concurring Panels / WED 08.20 – 09.55 119 182 Book Launch Panel: “Reconciling Indigenous Peoples‘ Individual and Collective Rights Participation, Prior Consultation and Self- Determination in Latin America“ (Jessika Eichler)

Categorical divisions between indigenous individual and collective rights regimes underlie international human ri- ghts law and its vernacularisation. Similarly, internal power struggles, vulnerabilities and intragroup inequalities go unnoticed, leaving persisting forms of neo-colonialism, neo-liberalism and patriarchalism untouched. Integrating legal theoretical, political, socio-legal and anthropological perspectives, this book disentangles indigenous collective regimes by including women‘s, elderly or young people‘s ri- ghts, alongside intergenerational, intersectional and mino- rity claims. Being relevant to indigenous collective rights, the piece is informed by indigenous rights to prior consul- tation and participation as inherent to self-determination constituting both an absolute norm and as transcending legal regimes. Self-determination also facilitates resistan- ce enabling indigenous cosmovisions to materialize in the light of persisting patterns of epistemological oppression. Despite its focus on Bolivia, the Andes and Latin America, developments in the African and European human rights systems are considered.

Room: COM103 Chair: Dimitry Kochenov Author: Jessika Eichler Jose-Manuel Barreto, Luiz: Discussant Luiz Guilherme Arcaro Conci Discussant Felix-Anselm van Lier Discussant PANEL SESSIONS VI PANEL

Concurring Panels / WED 08.20 – 09.55 120 Wednesday 3 July 2019 10.30 – 12.05 Panel Sessions VII

121 183 Poland's Constitutional 184 Challenges to Freedom of Breakdown - Book Expression II Discussion Panel formed with individual proposals. The panel discusses Wojciech Sadurski's book, entitled “Poland's Constitutional Breakdown“ (Oxford University Room: Press, 2019). The book explores the way the erosion of de- mocracy has taken place in Poland since 2015 due to the Sala Reuniones LLM actions of the Law and Justice Party (PiS). The arguments Chair: of the book seek to contribute to the literature on populist backsliding and illiberal democracy. The discussants and Mary Anne Case the author will debate the book's arguments. Presenters: Bruno Silva: Room: Case Brown v. Plata: mass incarceration in California Aquiles Portaluppi Herlambang P. Wiratraman: Chairs: Disciplining Free Expression and The Rise of Authoritarianism Rosalind Dixon in Indonesia Cynthia Juruena & Renan Guedes Sobreira: Book discussants: Fake Democracies: Democracy Undermined by Fake News Samuel Issacharoff Mary Anne Case: Martin Krygier Tom Gerald Daly Sexualized Speech About Religion in the Jurisprudence of the European Court of Human Rights Sergio Verdugo Anderson Luis da Costa Nascimento: Marek Zubik The case Adler v board of education of New York City: Book author: Judgment of the Supreme Court of the United States, Wojciech Sadurski Mccarthyism and its correspondence to “school without party” in the political proposal for Brazilian education Javier García: The Public Law against the propagation of extremist discourses. Challenges to freedom of expression and learning from the European experience

PANEL SESSIONS VII PANEL Concurring Panels / WED 10.30 – 12.05 122 185 International Economic 186 Crime and Punishment II Law and Transformative Panel formed with individual proposals. Constitutionalism in Latin

America II: Trade and Room: Investment (Duplicate) Seminario 3

Since the 1990s, Latin America has seen the emergence Chair: of a transformative constitutionalism in the form of a den- Daniel Pascoe se network of materials, institutions, and communities of legal practice related to human rights. This constitutiona- Presenters: lism, which has given rise to a veritable Ius Constitutiona- Daniel Pascoe & Andrew Novak: le Commune en América Latina, is in constant interaction with international economic law. Trade agreements and in- Best Practice in Executive Clemency Regulation vestment protection treaties can conflict with a variety of Melinda Rankin: constitutional provisions. Similarly, awards by investment tribunals can limit the policy space for advancing human Extending the ‘system‘ of international criminal and rights, as provided for by the Pact of San José and the cons- humanitarian law in response to organised violence: The titutions in the region. Conversely, some of these agree- case of the Commission for International Justice and ments have been subject to scrutiny by local constitutio- Accountability (CIJA) nal courts. This panel explores the intersections between Erika De Wet: transformative constitutionalism and international trade and investment law in Latin America, emphasizing the cha- How Did We Get Here? An Overview of the Rise and Demise llenges that this presents for democracy in the region. of the International Criminal Court‘s Relationship With the African Union and its Member States Aua Balde: Room: The International Criminal Court Prosecutorial Approach to LLM94 Preliminary Examinations: Change or Continuity? Chair: Mariana Cantu: The Presence of Discretionary with Legal Interpretation: The Magdalena Correa Henao Lack of Space of Public Claim in Criminal Matters in Risk Presenters: Societies Gustavo Prieto: Verónica Undurraga: Cortes Constitucionales, Constitucionalismo Transformador y Translating empirical evidence into constitutional idioms la Creación de Principios Comunes sobre Inversión Extranjera en América Latina (Constitutional Courts, Transformative Constitutionalism and the Creation of Common Principles for Investment in Latin America) María Angélica Prada-Uribe: ICCAL desde abajo: ¿democracia popular o protección internacional de la inversión? (ICCAL from Below: Popular Democracy or International Investment Protection?) Federico Suárez Ricaurte: Interés público capturado por inversionistas extranjeros en Colombia (Public Interest Captured by Foreign Investment in Colombia) Pedro A. Villarreal: La bifurcación del derecho en México: (Des)Integración económica norteamericana y constitucionalismo transformador latinoamericano (North American Economic (Dis)Integration and Latin American Transformative Constitutionalism: The Bifurcation of Mexican Law)

Concurring Panels / WED 10.30 – 12.05 123 SESSIONS VII PANEL 187 “Authoritarian 188 Times of Change?: Views Constitutionalism“ - from Political Theory Authors meet Critics At the 2017 and 2018 annual conferences of the Society in Copenhagen and Hong Kong respectively, members Editors and Authors of “Authoritarian Constitutionalism, and friends of the Political Constitutional Theory (PolCon) Comparative Analysis and Critique“ (Edward Elgar Publi- network organised panels subtitled ‘A View from Political shing, 2018) edited by Helena Alviar Garcia and Günter Theory‘. In order to maintain continuity and to pinpoint the Frankenberg will discuss the book and respond to critique. particularity of the network‘s research agenda, the subtitle The contributions to this book analyze and submit to cri- has been retained for ICON-S 2019 in Santiago, especially tique authoritarian constitutionalism as an important phe- as political theory cannot be said to be over-represented in nomenon in its own right, not merely as a deviant of liberal the contributions presented at the conferences. The panel constitutionalism. Accordingly, the fourteen studies cover includes contributions that deal with "change" in terms of a variety of authoritarian regimes from Hungary to Apar- thematic focus as socio-political phenomena as well as po- theid South Africa, from China to Venezuela, from Syria tential paradigm shifts in the study of constitutional phe- to Argentina, and discuss the renaissance of authoritarian nomena. agendas and movements, such as populism, Trumpism, na- tionalism and xenophobia. From different theoretical pers- pectives the authors elucidate how authoritarian power is Room: constituted, exercised and transferred in the different con- figurations of popular participation, economic imperatives, LLM91 and imaginary community. Chair: Panu Minkkinen Room: Presenters: Auditorio CLARO W. Elliot Bulmer: Chair: Eugenie Merieau Civic Republican Constitution Building in Tuvalu Gunter Frankenberg Massimo Fichera: Helena Alviar García A Theory of the EU Judiciary in an Age of Constitutional Change and Populism Presenters: Katariina Kaura-aho: Günter Frankenberg: The Aesthetics of Politics Authoritarian Constitutionalism – Coming to Terms with Modernity‘s Nightmares Panu Minkkinen: Helena Alviar Garcia & Michael Wilkinson: Seats of Power: Ethnographies of Constituted Space Neoliberalism as a Form of Authoritarian Constitutionalism Eugénie Mérieau: French Authoritarian Constitutionalism and its Legacy Roberto Gargarella: Authoritarian Constitutionalism in Latin America: from Past to Present Norman Spaulding: States of Authoritarianism in Liberal Democratic Regimes Dennis Davis: Authoritarian Constitutionalism – The South African Experience

PANEL SESSIONS VII PANEL Concurring Panels / WED 10.30 – 12.05 124 189 Roundtable: Judicial 190 What do we mean Appointments in a by “Transformative Comparative Perspective Constitutionalism“ II - The Kavanaugh in Latin America? Confirmation and Beyond Over the past decades, Latin America has gradually beco- me a key player for the present and future of public law. The judicial appointment procedure is understood as a Particularly the regionalization of constitutional law and key feature in the design of any constitutional democracy. the internationalization of constitutional law that are Since judges determine the meaning of the constitutional occurring in this region demonstrate relevant elements text and exercise the (stronger or softer) power of judicial for comparative studies between regional and domestic review, the control over the composition of the bench ca- systems. In our panel we will discuss some of the key de- ries significant political, economic and legal consequences. velopments that shape the emergence of an original Latin Who appoints judges vested with constitutional powers, American path. This path consists of elements from various pursuant to which procedures, and subject to what forms legal orders that are united by a common thrust, namely of review or approval – are all significant questions, as a transformative constitutionalism, and linked to the pro- matter of political practice and theory. The Kavanaugh con- ject of a Ius Constitutionale Commune en América Latina firmation in the US and developments in other jurisdictions (ICCAL). This enterprise links national and regional case in liberal and less liberal constitutional democracies call for law related to the American Convention on Human Rights, reflection on the state of the art. The roundtable will ad- other inter-American legal instruments, the corresponding dress these questions, consider the main challenges facing guarantees of national constitutions and the constitutional the appointment procedures in selected jurisdictions, and clauses that open domestic legal orders to international debate the lessons that may be learned from these develo- law and regional integration law. pments [NOTE: This is the Second Part of the Roundtable]

Room: Room: LLM93 Auditorio A. Silva Chair: Chairs: Armin von Bogdandy Mark Graber Presenters: Amnon Reichman Vanessa MacDonnell Sabrina Ragone: Latin American Transformative Constitutionalism Through Presenters: the Prism of European Constitutionalism Michaela Hailbronner: Cecilia Medina Quiroga: Discussant – Judicial Appointments: The German Perspective The Battle of Rights and Transformative Constitutionalism Amnon Reichman: Javier Couso: Discussant – Recent Developments in Israel Transformative Constitutionalism: Evaluating Constitutional Discussant: Strategies to Materialize Social Justice in Latin America Sanford Levinson Juan C. Herrera: Carissima Mathen The Taxonomies of the Latin American Corpus Iuris or How National Constitutions in the Region Open some Windows and Doors in favor of Regional Integration

Concurring Panels / WED 10.30 – 12.05 125 SESSIONS VII PANEL 191 Constitutional 192 Matices del Control Present Challenges Constitucional de la Ley

The relationship between constitutionalism and democra- Constitutional law scholars around the globe are used to cy is now one more time challenged in Brasil. The rise of the classify legal systems according to the way judicial review new government model with authoritharian and antilibe- works. They are classified according to e.g. the possibili- ral features put at risk many accomplishment of the 1988 ty of abstract/concrete control of norms or the existence constitutional system. One of the main reasons is that our of a (de)centralized system of review. The more detailed pillars of democracy were not well prepared to avoid pre- configuration of a system is often not taken into account sidential overpower. The resilience and endurance of cons- sufficiently. Yet, knowing the “shades of grey“ helps to en- titution in the times of authoritarians' threats will be the hance the understanding of a specific legal system as well focus of the first panel. The alternative judicial methods for as of the classifications used. A closer look often unveils indians and non-regular situations is the subject of the se- surprising facts and sometimes even anomalies. In this cond panel. The analyses of the new statutes and the cause panel, we want to focus on such small, sometimes decisi- and possible consequences of the new brazialian govern- ve, sometimes surprising characteristics of judicial review. ment will be discussed for the third panelist. The chair and Examples from different continents will allow to discuss fourth panelist will highlight the forms of democracy and the bigger question in comparative law on how to deal with bring the lack of a militant democracy in the brazilian cons- (the necessary degree of) generalization without reducing titution and the weakness of brazilian concern with inclusi- comparison to a mere “some things are the same, some are ve democracy. Both risks can result in constitution dangers. different“.

Room: Room: Seminario 2 LLM92 Chair: Chair: Eduardo Moreira Uladzislau Belavusau Presenters: Presenters: Luis Claudio Araujo: Mathias Moeschel: Judicial Review and Constitutional Longevity Diffuse Constitutionality Review in Germany Cristina Gaulia: Maria Bertel: The Itinerant Justice in Brazil: judges helping people to Quorums as the decisive point on the scales? become citizens Andreas Th. Mueller: Rodrigo Brandão: Self-restraint of the European Court of Justice vis-à-vis The challenges faced by fundamental rights and democracy in national constitutional courts – The demise of judicial the Jair Bolsonoaro Government activism? Eduardo Moreira: César Landa: The Defense of Constitutional Democracy The Mixed System of Constitutional and Conventional Control in Peru

PANEL SESSIONS VII PANEL Concurring Panels / WED 10.30 – 12.05 126 193 Coercive human rights law: 194 Hate Speech in the the impact of the ECHR Digital Era: a comparative on domestic criminal law analysis (enforcement) and process Hate speech is one of the greatest problems of contempo- rary societies. In this sense, the multicultural and hetero- Traditionally, we would tend to think of human rights as geneous nature of contemporary societies has increased protecting those facing the sharp edge of the criminal jus- the tensions related to the coexistence of people with very tice system. The European Court of Human Rights (ECtHR) different backgrounds, that have been faced with an ex- has, however, hot on the heels of the Inter-American Court traordinary incapacity in promoting tolerance, both at the of Human Rights (IACtHR), infused the European Conven- institutional level and at the social level. Moreover, the so tion on Human Rights (ECHR) with duties to mobilise crimi- called "great regression" attacks the fundamental values of nal law (enforcement) towards the protection, and redress pluralist democracy generating the effect of “brutalization for violation, of rights. The organizers of the proposed of public discourse“. It is a generalized “barbarisation“ of so- panel are editors of the book 'Towards a Coercive Human cial customs and conventions that contributes to the stren- Rights Law? Positive Duties to Mobilise the Criminal Law gthening and spreading of a “culture of disrespect“ towards under the ECHR' (forthcoming). The proposed panel will the “other“. In addition, in the digital era haters are protec- allow the co-organizers to present the main findings from ted by a screen and by a halo of irresponsibility justified by this edited volume, as well as to explore outstanding issues privacy. In this “liquid“ and “barbaric“ context, how can the for future research, such as the domestic implications of problem of hate speech be addressed? The aim of this panel the ECtHR‘s coercive human rights jurisprudence. To this is to address this problematic. end, the organizers have invited key scholars in this area to further explore such implications on policing, prosecution and adjudication. Room: D302 Room: Chair: Seminario 1 Luis Efren Rios Vega Chairs: Presenters: Natasa Mavronicola Irene Spigno: Laurens Lavrysen How to deal with hate speech? A comparison between Presenters: constitutional models Laurens Lavrysen & Natasa Mavronicola: Elisa Bertolini: Critical issues within, and arising out of, the ECtHR‘s coercive Hate Speech, Fake News and Populism: the Dark Side of human rights doctrine Social Networks Liora Lazarus: Palmina Tanzarella: Coercive human rights beyond the criminal law Hate Speech On Line in the European Context Corina Heri: Vulnerability-based coercive obligations as an impetus for more victim-oriented perspectives Mattia Pinto: Sowing a 'culture of conviction': what shall domestic criminal justice systems reap from coercive human rights?

Concurring Panels / WED 10.30 – 12.05 127 SESSIONS VII PANEL 195 A new dawn for the 196 Religion in the Crisis of principle of effective Constitutional Democracy? judicial protection in This panel examines the complex relationship between EU law? religion and democracy from the lens of democratic crisis. Drawing from developments around the world, panelists This panel aims at discussing a number of recent deve- engage with recent scholarly attention on democratic de- lopments in the way in which the Court of Justice of the generation, which has brought to fore crucial questions European Union understands and applies the principle of about the relationship between constitutional democracy effective judicial protection. This principle (together with and other social forces that may be in opposition to its un- the principles of equivalence and effectiveness) functions derlying values. As religion is one such major social force, as a limit to the national procedural autonomy of the Mem- panelists will interrogate the role of religion in the crisis ber States. However, its relationship with the twin prin- (or not) of constitutional democracy, raising questions that ciple of effectiveness is still subject to some debate. This include how religious narratives can be used to undermine topic will be discussed by Chiara Feliziani. The very nature constitutional democracies - how religious claims can be of the principle of effective judicial protection and its 'cons- seen as legitimate within certain types of constitutional titutional' role will be tackled by Matteo Bonelli. A third democracies - whether the crisis talk presumes a liberal se- question is linked to relationship between effective judicial cular order - and furthermore whether the scholarly claim protection and proportionality review, which is examined of crisis coheres with the internal perspective of the people by Giuliano Vosa. Finally, Mariolina Eliantonio will discuss - and why that may pose further problems for constitutio- the role of the principle of effective judicial protection in nal change. the context of composite administrative procedures.

Room: Room: COM103 Allende Bascuñan 2 Chair: Chair: Moshe Cohen Eliya Mariolina Eliantonio Presenters: Presenters: Gila Stopler: Chiara Feliziani: The Role of Religion in the Democratic Crisis in Israel Principle of effective judicial protection: something new at the Jaclyn L. Neo: horizon? Religion and Democratic Contestation in Mixed Constitutions Giuliano Vosa: Peter Danchin: Effective Judicial Protection against ‘Technical‘ Law-making: The Case for Proportionality and the European Central Bank Article 2 of the Egyptian Constitution and the “Crisis“ of at the European Court of Justice Constitutional Democracy? Matteo Bonelli: Manoj Mate: The evolving nature of the principle of effective judicial Beyond the 2019 National Elections: Secularism and the protection Future of India's Constitutional Democracy Mariolina Eliantonio & Paul Dermine: Tarun Khaitan: The evolution of the principle of effective judicial protection Discussant in the context of composite administration

PANEL SESSIONS VII PANEL Concurring Panels / WED 10.30 – 12.05 128 197 Feminist constitutionalism 198 Clergy, Collectives in Latin America and Corruption: Inner Sanctions and Iran's The eruption of feminist constitutionalism in the academy is fairly new and it has not been significantly developed Resistance Economy in the Spanish-speaking constitutional doctrine nor in the Latin American constitutional academic debate. The Ever since its 1979 Islamic revolution, Iran has explicitly approach of feminist constitutionalism goes beyond the rejected much of the prevailing economic, administrative analysis of the constitutional or public precepts from a and legal canon of Western models of 'good governance.' gender perspective. Feminist constitutionalism promotes At war or under formal sanctions for much of that period, a new understanding of the relation between gender and the peculiar ideological preferences of its Islamist form of constitutional law at a critique and amendment of cons- government have created a peculiarly distorted econo- titutional law. In this sense, it requires not just to rethink mic model, undergirded by a hybrid legal system pursuing classical legal subjects from new perspectives, but also to incompatible normative goals. While most academic at- propose new subjects, to introduce new questions and to tention before and since the 2015 Nuclear Deal has been have active participation in the challenge of encouraging a on the economic costs, legal form and the institutional change of focus in the constitutional debate. challenges of dismantling external sanctions imposed by the United Nations and individual states against Iran, this panel focuses on the understudied self-inflicted wounds Room: stemming from her domestic regulatory framework. We argue that these endemic shortcomings largely account FD-101 for the relative failure of the Nuclear Deal even before the Chair: American withdrawal and the futility of current European efforts to salvage it. Lieta Vivaldi Presenters: Room: Barbara Sepulveda Hales: Pedro Lira The legal construction of women's citizenship Chair: Lieta Vivaldi: Ebrahim Afsah Contentious objection in the interruption of pregnancy in Chile: a right threatened by the State Presenters: Melisa Sol Garcia: Ebrahim Afsah: The Need for a feminist approach on the Argentinian Crony Trustafarians: The Role of Landed Trusts in Iran‘s Constitution: equal opportunities in the workplace Economic Underperformance Catalina Lagos: Ghazaleh Faridzadeh: Law 20.609: An useful tool for women? Analysis of the Public Law and Good Governance in Iran: Obstacles and Chilean Law against discrimination from a gender perspective Opportunities Viktor Forian-Szabo: Iran‘s insurance sector at the crossroads between Westernization and Islamization

Concurring Panels / WED 10.30 – 12.05 129 SESSIONS VII PANEL 199 Public Law Pathologies 200 Constitutional Moment in Japan: Its Contextual Public law is aimed at setting up the structures where so- cial life takes place and shapes itself. Public law certainly and Universal cannot be just anything or purport to do things in any form, Characters yet it is not clear what are its ethical, social, individual and political constraints. Is the law constrained to be consis- When Prime Minister Shinzo Abe came into power in tent with itself and its history? Is the law constrained to be 2012, he officially announced the agenda of constitutional consistent and attentive to every member of the society amendment on Article 9. His project aims at recognizing it rules? What happens when law works in a context that the constitutional status of the Self-Defense Forces (SDF), challenges the consistency of its demands or its aims? How which were formally prohibited by Section 2 of Article 9. can public law provide space for conflicting ethos and de- Furthermore, during the process of proposing amend- mands? In this panel we address these issues by looking ments, the Liberal Democratic Party, i.e. the ruling party, into different spaces in which Public Law runs into trouble also attempted to restore the SDF‘s capacity of engaging when trying to regulate a certain realm of public life. The in international coalition, which was termed as “collecti- aim is to try to illuminate the ethics, the ethos, the limits ve war power.“ However, after the general election of the and possibilities of Public Law. House of Representatives in 2017, the LDP has slowed down its pace to promote the amendments. This panel in- cludes four papers to analyze and delineate the trajectory Room: of constitutional amendment in Japan. It attempts not only to articulate the peculiar background, mechanisms, po- Allende Bascuñan 1 litics, and history of constitutional amendment in Japan, Chair: but also the universal phenomenon between populism and constitutionalism. Rocío Lorca Emily Kidd White Room: Presenters: Auditorio CAP Alberto Coddou: Chair: Mapping Public Law: a critical account of Ius Commune Constitutionale in Latin America Richard Albert Pablo Marshall: Presenters: The social and the individual in disability juridification Keigo Komamura: Rocío Lorca: Constitutional Amendment as a Political Compensation for Do public legal institutions need to show moral integrity? The Democratic Defect: Prime Minster Shinzo Abe‘s Challenge case of hypocrisy and its Paradoxical Effects Emily Kidd White: Mayu Terada: The Public Law Vice of Hypocrisy Unique and Universal Problems about the Proposal Process of Constitutional Amendment in Japan Cheng-Yi Huang: “Imposed People“ and Political Leverage of Constitutional Amendment in Japan Masahiro Kinoshita: Economic Reform as a Constitutional Moment: Japanese Constitutional Economic Design After World War II

PANEL SESSIONS VII PANEL Concurring Panels / WED 10.30 – 12.05 130 201 Comparative Public 202 New commitments Law and International in international Investment Law Reform trade agreements? An examination of Contemporary international investment law is facing cha- llenges which have been labelled as the ‘backlash‘ against Chilean negotiations international investment law. Three main tensions may be identified in contemporary investment law: contractualism International trade negotiations have become an impor- vs unilateralism - economic rationality vs political rationa- tant forum for the formulation and implementation of new lity - flat world image vs diverse world image. As a result rules, with implications within and outside trade arena. of the identified tensions, international investment law is Since the implementation of the WTO agreements and the undergoing a process of reform. This panel wants to contri- rise of preferential trade negotiations new topics have ari- bute to the reform discussion of international investment sen within trade negotiation, ie. intellectual property, labor law by making the claim that the reform discussion needs or environmental standard, and recently, topics such as to be informed by the study of systems of domestic invest- digital trade or gender-trade related aspects. These proli- ment law and policy: the study of domestic investment feration of new topics, and how they are being dealt with laws becomes as important as the new field to be develo- by governments in their external relations have impact on ped, that of comparative investment law. This discussion their internal regulations and laws. Therefore, this panel raises an even broader issue, namely on the more general pretends, through the examination of Chile´s new agree- relationship between domestic law – and the comparative ments, to review how developing economies are negotia- law methodology – with international law. ting and implementing new regulations within four topics: services, intellectual property, gender and digital economy. This will allow us to understand the way in which interna- Room: tional negotiations are shaping domestic regulations on new areas. Auditorio P. Aylwin Chair: Room: Gráinne de Búrca R510 Presenters: Chairs: Peter Lindseth: Dorotea Lopez Theorizing Backlash: Supranational Governance and International Investment Law and Arbitration in Comparative Felipe Muñoz Perspective Presenters: Joanna Jemielniak: Javiera Caceres, Dorotea Lopez & Felipe Muñoz: Lessons from the Battlefield: Comparative Analysis in Gender inclusion in Chilean free trade agreements Interpretation of Legal Instruments for Investment Relations Dorotea Lopez & Felipe Muñoz: Georgios Dimitropoulos: Services Dimension in the Pacific Alliance National Sovereignty and International Investment Law: Sovereignty Reassertion and Prospects of Reform Felipe Muñoz, Dorotea Lopez & Bradly Condon: Maurizia De Bellis: The New Rules on Digital Trade in Latin American Regional Trade Agreements International Investment Law and EU Law: Conflicts, Compatibility, and Theoretical Paradigms in Recent Trends Fabiola Zibetti, Javiera Caceres, Dorotea Lopez & Felipe Muñoz: Damilola Olawuyi: Intellectual Property commitments in the Pacific Alliance Local Content Policies and their Implications for International Investment Law

Concurring Panels / WED 10.30 – 12.05 131 SESSIONS VII PANEL 203 The Future of Social 204 The Relationship of the and Economic Rights Constitution with the Past

Panel formed with individual proposals. We typically treat constitutions as codifying a break with the past, subjecting existing and future legislation to the constitution. In reality, however, constitutions have a more Room: complex relationship with the past. This panel will discuss how the relationship of the constitution with the past D405 affects constitutional interpretation, constitutional identi- Chair: ty and dialogue between the branches of government. The discussion will be conducted along theoretical, historical, Luigi Bonizzato empirical and comparative lines. Presenters: Alessandro Liotta: Room: Can we prevent technological development from blowing up A102 social rights? A tax law perspective Chair: Diana María Molina Portilla: Yvonne Tew Constitutionalism impact in theory of social and economic human rights in Colombia Presenters: Maria Clara Conde M. Cosati & Luigi Bonizzato: Jamal Greene & Yvonne Tew: Right to law expectation: Old debates, conceptions, new Comparative Approaches to Constitutional History times and state and institutional arrangements Rivka Weill: Pedro Hartung: The Theory and Practice of Constitutional Savings Clauses Taking Children‘s Rights Seriously in Brazilian Public Law: the absolute priority of children‘s fundamental rights and best Mattias Kumm: interests Discussant Joao Guilherme Walski de Almeida: The right to strike as the “first right“ Aneta Tyc: The Situation of Migrant Domestic Workers from the Perspective of the Protection of Labour Rights

PANEL SESSIONS VII PANEL Concurring Panels / WED 10.30 – 12.05 132 205 Comparative perspectives 206 Populism, Fear of the on the empirical study of People and Constituent judicial behavior Power

Although initially developed in the U.S., the empirical study This panel will explore both the constructive and des- of the judicial behavior has flourished in many jurisdictions. tructive aspects of constituent power through the prism Studies on topics such as the attitudinal predictors of jud- of populism and 'fear of the people'. Is the perceived rise ges' behavior, judicial coalition formation, and strategic be- in 'populism' a real threat to constitutionalism or merely havior, are already frequent around the world. This panel a manifestation of a fear of the democratic potential of seeks to broaden our understanding on how judges behave The People? To what extent do please to the constituent in different jurisdictions and institutional settings, explo- power legitimate radical constitutional reform and to what ring from courts of last resort to administrative tribunals. extend is this creative or merely destructive? Papers will We welcome multidisciplinary approaches, where lawyers, approach these questions by examining the role of cons- economists, political scientists, and other scholars, contri- tituent power in secession movements, feminist perspec- bute to explain the drivers of judges' decision-making in tives on constituent power and formation of 'the people', different areas of law. We want to explore to what extent and the populist movements seen in the United States and new empirical finding and methodological approaches in across Europe. Is constituent power necessary to ensure the field are helpful to explain judicial behavior in different a vibrant, responsive, and democratic constitutional or- jurisdictions. der? Or do claims to constituent power and 'the will' of a narrow, homogenous conception of 'the people' legitimate constitutional destruction ? Room:

Sala Juicio Oral Room: Chairs: D404 Diego Pardow Chair: Alvaro Bustos Alan Greene Presenters: Presenters: Diego Pardow & Flavia Carbonell: Sarah Kay: Searching for the “Median Judge“: A Study of Coalition Populism, Fear of the People and Constituent Power Formation in the Third Chamber of the Chilean Supreme Court Ruth Houghton & Aoife O'Donoghue: "She cuppeth the lightning in her hand. She commandeth it Alvaro Bustos & Pablo Bravo-Hurtado: to strike": Imagining constituent power in feminist science Explaining difference in the quantity of cases heard by courts fiction of last resort Oran Doyle: Andres Pavon & Diego Carrasco: Constituent Power and Secession Uneven powers in even-numbered courts: The impact of asymmetric tie-breaking power on judges‘ behavior

Concurring Panels / WED 10.30 – 12.05 133 SESSIONS VII PANEL 207 Fiscal federalism, 208 Participatory democracy: territorial inequalities and a suitable solution to equalisation mechanisms: cope with the public law a worldwide overview changes

This panel aims to give a worldwide overview upon the di- The panel aims to analyze the principle of participatory de- fferent ways in which the States give an answer to the pro- mocracy, from the perspective of both constitutional law blems related to territorial economic inequalities. We will and administrative law, identifying it as a useful and neces- examine this issue from different points of view. At the be- sary principle in order to cope with the new challenges po- ginning, we‘ll try to offer a preliminary theorization of eco- sed by public law and the change of legal systems and, par- nomic asymmetries in public law and identify how federal ticularly, with reference to EU countries. In the absence of constitutions can balance their unifying role while curbing dialogue between administrators can a solution be found in economic inequalities. Later we will compare the equalisa- the instruments of participatory democracy? In Italy parti- tion mechanisms adopted in various european States and cipatory culture is very low and the law on administrative their functioning with the aim to identify which one could procedure does not provide for advanced participation be considered a suitable instrument to face the problem of tools. We will look at the enforcement of participatory ri- the economic inequalities inside the State. Subsequently, ghts in regulatory processes by the administrative court we will extend the comparison to the Latin American expe- and also by the laws of local authorities that, by adopting riences, with a particular focus on Brasil. highly evolved participatory tools, show the gaps in natio- nal legislation. Neither the recent introduction of public debate has solved these problems, since it has a very low Room: application field, unlike the French model. A103 Chair: Room: Lorenza Violini Sala Mediación Presenters: Chair: Erika Arban: Federalism and socio-economic asymmetries Anna Giurickovic Claudia Marchese: Presenters: Fiscal federalism and economic inequalities: a comparative Giorgia Crisafi: analysis of the European area The evolution of the principle of participatory democracy at Horacio Guillermo Corti & Francisco Javier Ferrer: the international and European level Fiscal federalism in Europe and Latin America Nicola Berti: Mauricio Conti: Participatory practices in the governance of the territory in EU Public debt and financial calamity: the fiscal irresponsability and the drama of federalism in Brasil Martina Condorelli: Mariana Canotilho: Participation and democratic legitimation of independent authorities in Italy: myth or reality? Discussant Anna Giurickovic: From the “democratic crisis“ to the “participatory democracy“: the new Italian “public debate“ and the French “débat public“ as an inspiring model

PANEL SESSIONS VII PANEL Concurring Panels / WED 10.30 – 12.05 134 209 Can public law 210 The Frontiers of Public Law research be scientific? This panel displays papers dealing with issues that are at When we do research in public law, what is it that we do? the frontiers of public law today. The first issue is com- What is it exactly that sets research in public law apart pliance with judicial rulings and the different structures from other legal disciplines, methodology wise? Given that and strategies courts can (and in fact do) utilize to increase a (if not the) key reality regulated by public law is the poli- compliance, particularly in the context of constitutional tical, on the one hand, one has to wonder whether concei- courts. The second issue is the appropriate judicial postu- ving public law as an autonomous realm might incidentally re towards foreign and national security affairs in a world carry us away from what actually gives coherence to any where policymaking in those matters is constantly beco- sensible approach to it. On the other hand, the dynamics ming both more administrative (i.e. led by administrative characterizing the political, and hence the object of study agencies) and individualized. The third topic is the tool of of public law, beg the question: On what grounds can we “court packing,“ which has become extremely relevant re- claim to study the law that regulates the political without cently in countries as diverse as Turkey, Venezuela, and the submerging ourselves in the political ourselves? And more US - what is the difference between each instance? Can we importantly, can we provide sufficient rationality to the le- define clearer limits for the practice of packing? The final gal study of the political? If we cannot do so, then our field paper discusses more broadly the issue of constitutional can easily find itself on the verge of becoming a pseudos- norms or conventions. It explores how they change throu- cience. gh time and what relevant players can do if they wish to better defend (or weaken) constitutional conventions. The panel seeks to illuminate common themes raised by the di- Room: fferent papers and enhance our understanding of the peri- ls and promises of courts in public law and the still largely D304 mysterious role of constitutional conventions and norms. Chairs: Miriam Henriquez Room: Presenters: A101 Eduardo Aldunate: Chair: Constitutional law as science: a proposal of some minimum Oren Tamir conditions Presenters: Maria S. Pardo: Vicente F. Benitez-R.: Philosophical cherry picking in the construction of constitutional concepts 'Neither the sword, nor the purse‘: Judicial design and (non) compliance of constitutional court‘s decisions Pablo Gres: Elena Chachko: Materialist dialectics and constitutional form Administrative Foreign and Security Policy Octavio Ansaldi: Joshua Braver: Trust and mistrust as opposing approaches in constitutional law research Court-Expansion in the U.S. and Abroad Oren Tamir: Primitive Law for Grown Ups, or: How to Do Things With Constitutional Norms

Concurring Panels / WED 10.30 – 12.05 135 SESSIONS VII PANEL 211 La constitucionalización 212 Comparative Administrative de la teoría del derecho (II) Law Dynamics: Diversity, Identity, and Technology in The workshop seeks to generate a dialogue about the pos- sibility of building a theory of law according to the new po- Multi-Level Governance litical and constitutional framework. A legal theory focused on the strengthening and defense of the social and consti- Administrative law is intimately bound up with multilevel tutional State. In the construction of this theory mistakes governance, whether within or beyond states. This panel are made, starting from the constitutional literalism, or an will examine, from a comparative perspective, how admi- epistemological reductionism that ends up transforming nistrative law confronts multilevel governance from the moral or political concepts into legal norms by the mere perspective of the diversity of governmental units as well fact of being in the Constitution. This is not only a theore- as the instruments and technologies available to deal with tical but a political task. Legislative and judicial legitimacy that diversity. The challenge, of course, is not simply func- crisis requires the construction of conceptual tools that tional -- what technologies or legal instruments are most make feasible the defense of the Rule of Law. A constitutio- appropriate in circumstance. Rather, the challenge is often nalized theory of law is imperative, as the dialogue around also deeply political and cultural, in which history and iden- the sources of law, the concept of standards from the prin- tity weigh heavily on the origins of internal diversity, and ciples, their application, interpretation and balancing, the administrative law must be sensitive to that political-cul- incorporation of the constitutionality block, for an effecti- tural and historical context. The papers on this panel thus ve defense of the constitutional State. seek to explore, from several distinct perspectives, the complex interface between diversity, identity, technology, and administrative law in multilevel governance. Room:

D303 Room: Chair: D402 Milton César Jiménez Ramírez Chair: Sergio Iván Estrada Velez Carlo Columbo Presenters: Presenters: Olga Carolina Cardenas Gomez & Milton César Jiménez Ramírez: Janina Boughey: Políticas Públicas y Democracia Deliberativa Technology-Assisted Decision-Making and Administrative Law Maria Cristina Gomez Isaza: Geneviève Cartier: La hermenéutica del dolor y los criterios para interpretar el derecho con sentido de reconciliación The Dual Nature of Canadian Administrative Law Abraham Bechara Llanos: Juan Carlos Covilla Martinez: La carga de la argumentación jurídica: un caso especial de Soft Law to Align Local Governments interpretación y adjudicación de los derechos fundamentales Mary Liston: Sergio Ivan Estrada Velez: Judicial Review of Indigenous Decision-Makers in Three Hacia una asamblea nacional jurisprudente Administrative Law Jurisdictions Giorgio Mocavini: Algorithms in Administrative Procedures: Insights from Italy Jud Mathews: Discussant

PANEL SESSIONS VII PANEL Concurring Panels / WED 10.30 – 12.05 136 213 Implementación del Acuerdo de Paz con las FARC-EP en Colombia. Aspectos Constitucionales y Sociológicos

The Peace Agreement between the Government and the FARC-EP was signed in Bogotá at the end of 2016. After the signature and the decision related with the implemen- tation procedure ("fast track") the Constitutional Court carried out the constitutional review of the constitutio- nal reforms, laws and decrees for the implementation of the Agreement. Among the most important aspects of the review were decisions related to the special jurisdiction for peace, which would judge the most atrocious crimes committed during the conflict - the political participation of ex-combatants - the legal value of the agreements and aspects related to the peace in the territories, including the indigenous territories. The panel will analyze the consti- tutional and sociological aspects of the implementation of the Peace Agreement in Colombia with the special partici- pation of Constitutional Court Judge Antonio José Lizara- zo who participated in the Court in these decisions.

Room: Auditorio E. Frei Chairs: David Landau Joel Colon-Rios Presenters: Magistrado Antonio José Lizarazo-Ocampo: Jurisprudencia constitucional sobre la Jurisdicción Especial para la Paz (JEP) Gonzalo Ramirez-Cleves: La participación en política de los ex miembros de la guerrilla de las FARC. Análisis de la Sentencia C-027 de 2018 Iris Marin-Ortiz: El derecho a la paz y el valor jurídico de los Acuerdos de Paz Laetitia Braconnier-Moreno: Diálogos entre justicia local y justicia constitucional para la paz en Colombia. Caso “El control del territorio“, Guardia indígena de Tacueyo, Cauca Marcos Criado-De Diego: Acceso a la Justicia en territorios de guerra después de la Paz: El caso de Guapi, Cauca Tanya Hernandez: Comentarista

Concurring Panels / WED 10.30 – 12.05 137 SESSIONS VII PANEL V

Governance

138 The Presidency Krisch, Nico Kumm, Mattias Casini, Lorenzo (co-President of ICON·S) Maduro, Miguel Dixon, Rosalind (co-President of ICON·S) Mehta, Pratap Bhanu Mendes, Joana Micklitz, Hans-Wolfgang The Executive Committee Möllers, Christoph Napolitano, Giulio Casini, Lorenzo (co-President of ICON·S) Peters, Anne Dixon, Rosalind (co-President of ICON·S) Rosenfeld, Michel Albert, Richard (Secretary General of ICON·S) Ruffert, Matthias Golden, Claudia (Treasurer of ICON·S) Sadurski, Wojciech Verdugo, Sergio (Deputy Secretary General of ICON·S) Shany, Yuval Zaumseil, Fred Felix (Director of Communications and So- Siegel, Reva cial Media of ICON·S) Smith, Rogers Okowa, Phoebe Solanke, Iyiola Rubio Marin, Ruth Stewart, Richard B. Weiler, Joseph H.H. (I·CON Editor in Chief) Tega, Diletta Cassese, Sabino (Honorary President of ICON·S) Torchia, Luisa De Búrca, Gráinne (Honorary President of ICON·S) Uitz, Renata Hirschl, Ran (Honorary President of ICON·S) van Aaken, Anne von Bogdandy, Armin The Society’s Council Amato, Giuliano Auby, Jean-Bernard Baer, Susanne Barnes, Javier Benvenisti, Eyal Boisson de Chazournes, Laurence Cartabia, Marta Chan, Cora Chang, Wen-Chen Cohen-Eliya, Moshe Craig, Paul D’Alberti, Marco De Wet, Erika Elkins, Zachary Ferreres Comella, Victor Gardbaum, Stephen Ginsburg, Tom Jacobsohn, Gary J. King, Jeff Kingsbury, Benedict Koenig, Matthias Kosar, David

139 VI Services

140 VENUE The 2019 ICON·S conference will be held at: ATM Casa Central ATMs are located in the unpaid area of Universidad Cató- Faculty of Law lica station. Extension Center Faculty of Communications LLM Building SUPERMARKETS Pontificia Universidad Católica de Chile, Santiago Nearby supermarket can be found at Portugal 56 (Uni- marc, opening hours: 9am-9pm) and at Portugal 112 (Santa Plenary sessions will take place at the Extension Center, Isabel, opening hours: 8:30am- 10pm). Campus Casa Central, Pontificia Universidad Católica. Co- ffee and lunch breaks and the opening reception will take place at the Foyer of the Extension Center. Parallel ses- EMERGENCY SITUATIONS sions will take place at the classrooms of the LLM Building, the Faculty of Law building, as well as adjacent buildings. Should you find yourself in an emergency situation with no For map, see p 142. immediate help available, you can call an ambulance by dia- ling 131, the firefighters by dialing 132 and the policemen by dialing 133. REGISTRATION Registration is located at the Foyer in the Extension Cen- ter. See the map on p 142.

TRANSPORTATION Pontificia Universidad Católica is located at Universidad Católica station of the local train (called Metro). The sta- tion is part of Linea 1 (red line).

When you arrive at the airport, you may take a taxi to get to the city center or the University. A taxi journey from the airport to the Faculty of Law takes approximately 30 to 45 minutes and costs around CLP 25.000 – 30.000. Taxis in Santiago accept cash, and do not take credit or debit cards. Most taxi drivers do not speak English. If you wish to com- mute by taxi, you are recommended to carry with you the above-mentioned address of the conference venue as well as the address of your hotel.

ATTENDANCE CERTIFICATES Certificates verifying your attendance at the Conference will be included in your conference package, which you will receive upon registration.

CATERING There will be coffee breaks as indicated in the schedule on p 8-10. On tuesday a light lunch will be provided at Plaza Central, Extension Center. On wednesday a light snack will de providad at Plaza Central, Extension Center. See map on p 142.

141 VII Map of Conference Venues

6

ENTRANCE AV. LIBERT ADOR 4 BERNARDO O’HIGGINS 440

5

PATIO* DE BIOLOGÍA 3 ENTRANCE AV. LIBERT ADOR BERNARDO 2 O’Higgins 390 PATIO* DE DERECHO

PATIO* DE LA VIRGEN ENTRANCE s AV. LIBERT ADOR ‚ BERNARDO Higgin 1 O’HIGGINS 340 o O rd na Portugal er ENTRANCE ador B AV. LIBERT ADOR rt BERNARDO be O’Higgins 324 . Li Av

*Patio referes to an outdoor seating area

142 Casa Central Campus Directory

1 Casa Central Building 4 Faculty of Communications PATIO DE LA VIRGEN COM103, 1st Floor A101-103 Rooms, 1st Floor Auditorio C. Oviedo, 1st Floor Auditorio E. Frei, 1st Floor 5 Extension Center Auditorio P. Aylwin, 1st Floor Auditorio Fresno, 1st Floor Pedro Lira, 1st Floor Plaza Central, 1st Floor Auditorio C. Silva, 1st Floor

2 Casa Central Building 6 LLM Building LLM91 -94, 9th Floor PATIO DE BIOLOGÍA / PATIO DE DERECHO Sala Reuniones LLM, 9th Floor D302- 304, 3rd Floor D401- 405, 4th Floor

3 Faculty of Law

Allende Bascuñán 1, 3rd Floor Allende Bascuñán 2, 3rd Floor Aquiles Portaluppi, 2nd Floor Sala CAP, 3rd Floor FD-101, 1st Floor R510, 5th Floor Sala Juicio Oral, 3rd Floor Seminario 1, 3rd Floor Seminario 2, 3rd Floor Seminario 3, 3rd Floor

143 VIII Participants

Bien-Kacala, Agnieszka...... 86 A B Blokker, Paul...... 23, 86 Abat i Ninet, Antoni...... 92 Baca, Lucía...... 26 Bocksang, Gabriel...... 7 Abdelsalam, Mohamed...... 112 Baines, Beverley...... 83, 96 Bodnar, Eszter...... 115 Abebe, Adem...... 86 Balde, Aua...... 123 Bogéa, Daniel...... 87 Abi-Nader, Andrea...... 86 Ballesteros de León, Bonatto, Marina...... 45, 83 Abraham, David...... 90 Gerardo...... 78 Bonelli, Matteo...... 86, 128 Accatino, Daniela...... 64 Baptista de Mello, Nilo Bonini, Paolo...... 95 Acheriteguy, Federico...... 98 Rafael...... 68 Bonizzato, Luigi...... 132 Acosta, Juana...... 24, 51, 85, 89 Baraggia, Antonia...... 44, 70, 86, 89 Bonomi, Maria Stella...... 42 Acunha, Fernando...... 23 Baranowska, Grazyna...... 96 Borg, Anthony Tonio...... 96 Adamski, Dariusz...... 32 Barata, Mário...... 62 Borlini, Leonardo...... 34 Adjolohoun, Horace...... 86 Barber, Nicholas...... 54, 63, 107 Boughey, Janina...... 108, 136 Afsah, Ebrahim...... 77, 98, 129 Barbisan, Benedetta...... 95 Braconnier, Stephane...... 97 Aguilar Viana, Ana Cristina...... 62 Barbosa, Claudia Maria...... 27 Braconnier-Moreno, Aguilera Ormeño, Margot...... 70 Barboza, Antonio...... 69 Laetitia...... 57, 137 Ahumada, Paula...... 80 Barboza, Estefânia...... 67 Brandão, Rodrigo...... 126 Albert, Richard...... 93, 114, 130 Barboza, Estefânia Maria Braver, Joshua...... 109, 135 Aldunate, Eduardo...... 135 de Queiroz...... 28, 41 Bravo, Felipe...... 66 Alfonso, Tatiana...... 69, 81 Barczentewicz, Mikolaj...... 81 Bravo-Hurtado, Pablo...... 133 Alkiviadou, Natalie...... 96 Barquin, Julian...... 80 Breda, Vito...... 47 Almeida, Eliane...... 50 Barrera Rosales, Paulina...... 107 Bregaglio, Renata...... 64 Almeida, Maíra...... 101 Barreto, Jose-Manuel...... 63, 120 Brindaroli Zelinski, Renata...... 48 Almeida, Paula...... 90 Barroilhet, Agustin Brzozowski, Wojciech...... 85 Alterio, Ana Micaela...... 85, 90, 109 Barroso, Luís Roberto...... 13 Bukspan, Eli...... 118 Altwegg-Boussac, Manon...... 53, 57 Bar-Siman-Tov, Ittai...... 92 Bulmer, W. Elliot...... 124 Alvarado, Claudio...... 51 Bassok, Or...... 108 Burchard, Christoph...... 26 Alvear Téllez, Julio...... 95 Bastos Combat, Rodolfo...... 30 Burgos Jaeger, Mariana Lucía...... 66 Alves das Chagas, Carolina...... 115 Becerra Valdivia, Katherine...... 70 Burton, Sarah...... 101 Alves Verri Garcia de Souza, Bechara, Abraham...... 98 Busch, Tania...... 94 Diogo...... 118 Bechara Llanos, Abrahan...... 136 Buss, Gustavo...... 101 Alviar, Helena...... 16, 124 Beguerie, Delfina...... 33 Bustamante, Evanilda...... 67 Amaya Castro, Juan Manuel...... 65, 84 Behrendt, Christian...... 98 Bustamante, Thomas...... 67 Ambroggio, Federico...... 51 Beiter, Klaus D...... 66, 82 Bustos, Alvaro...... 133 Amicarelli, Bruno Paolo...... 42 Bejan, Teresa...... 18 Bustos, Francisco...... 64, 111 Amparo, Thiago...... 93, 112 Belavusau, Uladzislau...... 74, 96, 126 Andrade Neto, João...... 46, 62 Benavides, María Angélica...... 66 C Angel-Cabo, Natalia...... 69 Bendel, Justine...... 34, 118 Cabral, Leonardo...... 45, 83 Ansaldi, Octavio...... 135 Benítez-R, Vicente F...... 59 Cabugueira, Manuel...... 82 Araujo, Luis Claudio...... 126 Benvenisti, Eyal...... 40, 139 Caceres, Javiera...... 131 Araújo, Marcelo...... 23 Bergallo, Paola...... 54, 62 Cachalia, Raisa...... 117 Arban, Erika...... 119, 134 Berger, Benjamin...... 76 Cahuana Marca, Denis Junior...... 51 Arcaro Conci, Luiz Berger, Kate...... 30 Calil, Ana Luiza...... 77, 97 Guilherme...... 28, 120 Berkes, Antal...... 73 Camilloto, Bruno...... 68 Archegas, Joao...... 23 Bernal Pulido, Carlos...... 71 Campinho, Bernardo...... 45, 83 Arenas Mendoza, Hugo Andres...... 99 Bertel, Maria...... 126 Campos, Ricardo...... 99 Arruda, Octaviano...... 65 Bertelsen, Soledad...... 66 Campusano, Raul...... 34 Asmelash, Henok...... 61 Berti, Nicola...... 134 Canales, Mariana...... 50, 54, 150 Atucha Rossi, Gabriela...... 103 Bertolini, Elisa...... 31, 127 Candia, Gonzalo...... 60 Ávila, Lorena...... 24 Bertotti, Bárbara...... 54, 83 Canessa Zamora, Martín...... 50, 90 Avila Romero, Jhonathan...... 50 Besirevic, Violeta...... 82 Canotilho, Mariana...... 134 Azhar, Zahra...... 27 Biagi, Francesco...... 85 Canotilho, Mariana Rodrigues...... 44 Biehl, Andres...... 101

144 Cantu, Mariana...... 123 Contesse, Jorge...... 36, 60, 89, 109 Dogot, Delphine...... 31 Capecchi Nunes, Daniel...... 49, 85 Conti, Mauricio...... 134 Dolabjian, Diego...... 97 Caponigri, Felicia...... 103, 150 Contreras, Fernando...... 65 Domingues, Eduardo...... 50 Caravita di Toritto, Contreras, Pablo...... 100 Dorlach, Tim...... 48 Beniamino...... 43 Correa, Magdalena...... 24, 52, 123 Dotan, Yoav...... 100, 109 Carbonell, Flavia...... 133 Correa Freitas, Ruben...... 35 Doyle, Oran...... 36, 133 Cardenas, Carolina...... 101 Correa-Cardozo, Hernán...... 117 Dragic, Sanja...... 82 Cárdenas Contreras, Luz Cortés, Lilibeth...... 26 Drinóczi, Tímea...... 37, 49 Eliyer...... 97 Cortés Nieto, Johanna...... 78 Droguett González, Cárdenas Gómez, Olga Corti, Horacio Guillermo...... 134 Carmen...... 50 Carolina...... 136 Costantino, Fulvio...... 66 Drymiotou, Elena...... 46, 96 Cardoso, João Vitor...... 28 Couso, Javier...... 37, 69, 125 Duarte, Francisco...... 99 Cardoso Squeff, Tatiana...... 63 Covilla Martinez, Duque Botero, Juan David...... 99 Carnota, Walter...... 60 Juan Carlos...... 136 Dzehtsiarou, Kanstantsin...... 73 Carolan, Eoin...... 32 Craig, Paul...... 29, 139 Carrasco, Diego...... 68, 133 Criado-De Diego, Marcos...... 137 Cartier, Génevieve...... 94 Crisafi, Giorgia...... 134 E Ebert, Franz Christian...... 107 Casagrande, Cássio Luis...... 30 Croce, Margherita...... 29 Eichler, Jessika...... 120 Case, Mary Anne...... 62, 122 Cruzat Reyes, Ricardo...... 101, 118 Eisenberg, Iris...... 60 Casini, Lorenzo...... 6, 20, 29, 76, 103, Eliantonio, Mariolina...... 100, 128 139, 150 Elkins, Zachary...... 32, 90, 139 Cassese, Sabino...... 76, 103, 139 D D‘Andrea, Amilcare...... 78 Ely Yamin, Alicia...... 62, 91 Castano Vargas, Diana Maria...... 116 da Costa Nascimento, Endre, Orbán...... 43 Castellanos-Jankiewicz, Anderson Luis...... 30, 122 Escudero, María Cristina...... 78 León...... 74, 96 Da Silva, Michael...... 101 Eskens, Sarah...... 31 Castillo de Macedo, da Silva, Virgilio Afonso...... 46, 94 Espinosa-Saldaña, Eloy...... 98 José Arthur...... 41 Dahan Katz, Leora...... 26 Espinoza, Rodrigo...... 78 Castillo Ortiz, D'Alberti, Marco...... 116, 139 Esteva, Eduardo...... 51 Pablo José...... 43,102 Daly, Tom Gerald...... 34, 122 Estrada, Sergio...... 117 Castro, Natalia...... 81 Dam, Shubhankar...... 46 Estrada Valencia, Fabio...... 46 Castro Franco, Alexandra...... 84 Danchin, Peter...... 58, 128 Estrada Velez, Sergio Iván...... 115, 136 Cataldo, Mariafrancesca...... 103 Davis, Dennis...... 124 Eyzaguirre, Cristian...... 116 Cavaliere, Paolo...... 31 Davis, Kevin...... 59 Caviedes, Cristóbal...... 94 Dawood, Yasmin...... 61, 93 Celemín, Andrea...... 79 De Abreu Negrón, María F Cesario Alvim Gomes, Juliana...... 33 Fabris Campos, Ligia...... 33 Gabriela...... 31 Chachko, Elena...... 135 Faraguna, Pietro...... 55 De Bellis, Maurizia...... 131 Chan, Cora...... 54, 63 Faridzadeh, Ghazaleh...... 77, 129 de Búrca, Gráinne...... 15, 91, 131, Chandler, Jennifer...... 33 Farinho, Domingos...... 99 139, 150 Chang, Wen-Chen...... 48, 110, 139 Farri, Francesco...... 80 de Campos, Thana...... 54 Charlin, Ventura...... 116 Faundes Peñafiel, Juan Jorge...... 27 De Castro Halis, Denis...... 60 Chianaraekpere, Ike...... 106 Feliziani, Chiara...... 128 De Gaetano, Andrés...... 98 Chiao, Vincent...... 26 Féo de Oliveira, Rebecca...... 30 de Moura Costa Vargas Lopes, Chiti, Edoardo...... 42 Fermandois, Arturo...... 43, 119 Thuany...... 118 Chng, Kenny...... 115 Fernandes Câmara, Heloisa...... 41 de Santana, Anna Luisa...... 65, 75 Choudhry, Sujit...... 37, 53, 86, 91 Ferrara, Alessandro...... 62 De Sousa Rodrigues, Bruno...... 112 Chowdhury, Tanzil...... 114 Ferrara, Leonardo...... 77 de Visser, Maartje...... 36 Chueiri, Vera...... 75, 98 Ferrara, Sofia...... 118 De Wet, Erika...... 123, 139 Circi, Mariarita...... 34 Ferrari, Gisela...... 101 del Carmen Treviño Civitarese, Jamil...... 23, 67 Ferrer, Francisco Javier...... 134 Fernández, Sofía...... 33 Claeys, Antoine...... 77 Fichera, Massimo...... 124 Delgado, Andres...... 37 Clavijo-Ospina, Felipe...... 34, 81 Figueroa, Rodolfo...... 54 Delooz, Benoît...... 31 Closa, Carlos...... 102 Figueroa García-Herreros, Denari Gomes de Mattos, Coddou, Alberto...... 130 Nicolás...... 78 Karina...... 59, 68 Cofre, Leonardo...... 23, 65 Fisher, Angelina...... 40 Dermine, Paul...... 128 Cohen-Eliya, Moshe...... 94, 139 Fombad, Charles...... 86 Díaz, Daniela...... 26 Collins, Cath...... 64 Fonseca Faller, Díaz de Valdés, José Manuel...... 33 Colodetti, Helena...... 78, 99 Maria Helena...... 41 Díez-Picazo, Luis María...... 14 Colón-Ríos, Joel...... 47 Forian-Szabo, Viktor...... 129 Dimitropoulos, Georgios...... 131 Columbo, Carlo...... 136 Fowkes, James...... 89, 105 Dinan, John...... 103 Conde Moraes Cosati, Franceschini, Clizia...... 76 Dixon, Rosalind...... 6, 9, 12, 24, Maria Clara...... 132 Franch, Marta...... 77 91, 114, 122, 139, 150 Condorelli, Martina...... 134 Franco, Raquel...... 82, 99 Djalali, Mohammad...... 27 Constantino, Renato...... 64 Frankenberg, Günter...... 124

145 Frantziou, Eleni...... 32 Kalogirou, Maria...... 53 Fröhlich, Johanna...... 79 H Karam de Chueiri, Vera...... 41 Fuchs, Marie-Christine...... 24, 84 Hailbronner, Michaela...... 55, 57 Karliuk, Maksim...... 106 Fuentes Contreras, ,89, 125 Katz, Andrea...... 79 Edgar Hernán...... 97 Hanania Richieri, Lilian...... 60 Kaufmann, Rodrigo...... 94 Fujimura-Fanselow, Aya...... 67 Harpaz, Yossi...... 29, 52 Kaura-aho, Katariina...... 124 Hartung, Pedro...... 132 Kavanagh, Aileen...... 24, 55, 92 Hatzis, Nicholas...... 69 Kay, Sarah...... 133 G Kejanlioglu, Atagun Mert...... 32, 103 Gajardo, Benjamin...... 98 Heiss, Claudia...... 78 Khaitan, Tarunabh...... 53, 80, 109, Galante, Andrea...... 76 Henríquez Viñas, 128 Galaz, Juan Diego...... 67 Miriam...... 35, 40, 85 King, Jeff...... 54, 80, 93 Gamarra, Diego...... 111 Heri, Corina...... 127 Kingsbury, Benedict...... 59, 139 Garboza Junior, José Mauro...... 28 Hermes Rosa Oliveira Filha, Kinoshita, Masahiro...... 130 Garcia, Melisa Sol...... 129 Manuelita...... 87 Kiyoshi Nakamura, Erick...... 115 García, Ana María...... 50 Hernandez, Tanya...... 53, 93, Klug, Heinz...... 91 García, Javier...... 122 112, 137 Knight, Dean...... 96 García, José Francisco...... 119 Herrera, Juan C...... 81, 106, 125 Kochenov, Dimitry...... 29, 52, 74, García Costa, Hirschl, Ran...... 57, 93, 139, 150 120 Francisco Manuel...... 31 Holden, Richard...... 80 Kohn, Lauren...... 117 Gardbaum, Stephen...... 24, 53, 92, 139 Holmes, Pablo...... 87 Komamura, Keigo...... 130 Gardner, James...... 61, 119 Hostovsky Brandes, Korzec, Piotr...... 58 Gargarella, Roberto...... 57, 90, 124 Tamar...... 114 Kosta, Vicky...... 99 Garibotti, Cecilia...... 59 Houghton, Ruth...... 133 Kouroutakis, Antonios...... 29 Gastaldi, Paula...... 64 Hoyos-Ceballos, Kozicki, Katya...... 28, 41, 75 Gaulia, Cristina...... 126 Esteban...... 69 Kreuz, Leticia...... 45, 49 George, Cherian...... 105 Huang, Cheng-Yi...... 100, 130 Krygier, Martin...... 44, 65, 122 Gil Mc Cawley, Diego...... 45 Huapaya, Ramon...... 47, 68 Krzystek, Krzysztof...... 80 Ginsburg, Tom...... 57, 89, 109, 139 Hühne Porto, Gabriela...... 90 Kumm, Mattias...... 54, 57, 91, Girardi Fachin, Melina...... 27 Huneeus, 113, 132, 139 Giuffré, Carlos Ignacio...... 43 Alexandra...... 51, 84, 89 Kurnosov, Dmitry...... 83 Giurickovic, Anna...... 134 Huq, Aziz...... 57, 109 Gliszczynska-Grabias, Aleksandra...... 74, 96 I L Goldmann, Matthias...... 48 Ibarra, Ana Maria...... 51 Labanca, Marcelo...... 45 Golia, Angelo...... 70 Inayoshi, Akira...... 46 Lachmayer, Konrad...... 48 Golia, Angelo Jr...... 97 Ingenito, Chiara...... 34 Lagos, Catalina...... 129 Gomes, Rodrigo...... 50 Inomata, Adriana...... 67 Lambeth, George...... 100 Gómez, Gastón...... 119 Ioannidou, Maria...... 114 Lancaster Steiner, Michael...... 73 Gómez Francisco, Taeli...... 70 Iokibe, Kaoru...... 46 Lanceiro, Rui...... 82, 99 Gomez Isaza, María Issacharoff, Landa, César...... 126 Cristina...... 136 Samuel...... 18, 55, 105, 122 Landau, David...... 19, 55, 91, Gomez Velasquez, 114, 137, 150 Alejandro...... 115 Lanke, Fabiana...... 50 Gonçalves Pereira, Jane Reis...... 33 J Lavrysen, Laurens...... 127 Góngora, Manuel...... 51 Jackson, Vicki...... 54, 71, 91 Law, David...... 89 González Tocci, Jakab, Andras...... 25, 57 Lawson, Gary...... 83 María Lorena...... 97 Jemielniak, Joanna...... 131 Lazarus, Liora...... 127 Graber, Mark...... 25, 44, 58, 89, 125 Jenkins Peña y Lillo, Gaspar...... 111 Leal, Brigitte...... 65 Greene, Alan...... 67, 133 Jensen, Guillermo...... 25 Leelapatana, Rawin...... 54, 66 Greene, Jamal...... 71, 94, 132 Jiménez, Guillermo...... 100 Lenowitz, Jeffrey...... 25 Greene Pinochet, Jimenez Aleman, Angel Aday...... 32 Lettanie, Ute...... 111 Tomás Pedro...... 50, 90 Jiménez Ramírez, Levi, Michel...... 60, 139 Gres, Pablo...... 135 Milton César...... 115, 136 Levinson, Sanford...... 25, 44, 125 Greschner, Donna...... 34, 77 Jonker, Julian...... 28 Lewis, Sebastian...... 96, 115 Grez, Pablo...... 94 Jordao, Eduardo...... 29 Li, Ruiyi...... 63 Grozdanova, Rumyana...... 73 Joshi, Yuvraj...... 33, 98 Lima, Jairo...... 28 Grzeszczak, Robert...... 48 Joviniano de Santana Silva, Lima, Jairo Néia...... 78 Guedes Sobreira, Renan...... 115, 122 Bruno...... 30 Lima-Resende, Ranieri...... 62, 118 Guerrero Pérez, Luis Guillermo Jozwiak, Magdalena...... 62, 81, 105 Lin, Chien-Chih...... 43, 113 Guiloff, Matías...... 100 Juruena, Cynthia...... 122 Lin, Chun-Yuan...... 110 Guruswamy, Menaka...... 113 Lin, Feng...... 31 K Linares, María Cielo...... 78 Kagiaros, Dimitrios...... 73 Linares Cantillo, Alejandro

146 Lindseth, Peter...... 42, 100, 131 Mendez, Daniela...... 36 Oliver, Peter...... 28, 54, 107 Lindseth, Peter Lincoln...... 116 Menezes Freitas, Estenio...... 32 Oliveria, Mariana Rezende...... 44 Liotta, Alessandro...... 132 Mérieau, Eugénie...... 75, 124 Olmos, Belen...... 37 Lirio do Valle, Vanice...... 83 Mertenskötter, Paul...... 48 Olsen, Ana Carolina...... 27 Lirio do Valle Marques da Silva Hime Methven O'Brien, Claire...... 91 Onuora-Oguno, Azubike...... 106 Masset, Nadja...... 83 Meyer, Emilio...... 23, 67 Ortiz Delgado, Gloria Stella...... 9 Liston, Mary...... 136 Mikuli, Piotr...... 30 Ospina, Juan Carlos...... 115 Lizarazo Ocampo, Milani e Silva, Ana Claudia...... 41 O'Sullivan, Maria...... 108 Antonio José...... 137 Milkes, Irit...... 68 Otalora Lozano, Guillermo...... 51, 115 Lobo, Francisco...... 82, 102 Miller, Katie...... 108 Londoño, Fernando...... 69 Minkkinen, Panu...... 124 Lopez, Dorotea...... 131 Miyar, Ghazal...... 112 P Pacheco Lemos, Victor Hugo...... 30 Lopez, Henrik...... 69 Mocavini, Giorgio...... 136 Padillo, Carmen Montesinos...... 44 López, Andrés Felipe...... 66 Moeschel, Mathias...... 126 Padovese, Octaviano...... 58 López Bofill, Hèctor...... 47 Mohajer, Shahideh N...... 27 Paixão, Juliana...... 30 López Contreras, Eleonora...... 50 Molina Portilla, Diana María...... 115 Pal, Michael...... 61, 73 López Hidalgo, Möller, Kai...... 37, 94, 113, 139 Palacios, Alfonso...... 28 Pablo Sebastián...... 97 Mondaca, Daniel...... 100 Palacios Sanabria, Lorca, Rocío...... 130 Monge Kincaid, Priscila Renee...... 23 María Teresa...... 84 Lorenzo, Mariel...... 35 Montero, Cristian...... 117 Pallotta, Omar Makimov...... 95 Lovera, Domingo...... 36 Moreira, Eduardo...... 103, 126 Pamplona, Danielle...... 75 Lucas, Andrea...... 37 Moreira de Souza, Paolino, Javier...... 35 Lugo Saucedo, Paloma...... 110 Claudia Beeck...... 28 Pardo, Maria S...... 135 Lukina, Anna...... 63 Moreno Velasquez, Carolina...... 65, 84 Pardow, Diego...... 68, 133 Lupo, Nicola...... 87 Morgan, John...... 28 Paredes, Felipe...... 79 Lyon, José...... 62 Morlino, Elisabetta...... 102 Parmar, Sejal...... 82 Moro, Guillermo...... 52 Parshall, Lisa...... 28 Morvillo, Marta...... 111 Paschoal, Thais Amoroso...... 41 M Möschel, Mathias...... 74 Macaya, Ariana...... 111 Pascoe, Daniel...... 106, 123 Mueller, Andreas Th...... 126 Macdonnell, Passos El Horr, Arthur...... 49 Muñoz, Felipe...... 131 Vanessa...... 102, 107, 125 Patler, Caitlin...... 50 Munoz, Fernando...... 33, 108 Machado Cyrillo da Silva, Patmore, Glenn...... 92 Carolina...... 97 Patrus, Rafael...... 23 Machado Filho, Roberto...... 85 N Paúl, Álvaro...... 38, 66 Magalhães, Breno...... 87 Nanopoulos, Eva...... 114 Pavón, Andres...... 68 Maisley, Nahuel...... 59 Napolitano, Giulio...... 42, 100, 139 Pelacani, Gracy...... 65, 84 Malagón Pinzon, Nascimento, Teresa...... 87 Pelaez, Juan Carlos...... 77 Miguel Alejandro...... 65 Nash, Claudio...... 24 Pelaez, Verónica...... 77 Marchese, Claudia...... 134 Navarro Beltrán, Enrique...... 35 Peña, Marisol...... 12 Marguet, Laurie...... 53 Negretto, Gabriel...... 67 Pereira, Thomaz...... 108 Maria de Queiroz Barboza, Neo, Jaclyn L...... 128 Perez de Arce, Rodrigo...... 101 Estefânia...... 28, 41 Netto, Luísa...... 45, 109 Perham, Elisabeth...... 36 Marin, Iris...... 78 Neuwirth, Rostam J...... 60, 83 Perrone Campos Mello, Marin-Ortiz, Iris...... 137 Nguyen, Hoai-Thu...... 101 Patricia...... 40, 75 Marshall, Pablo...... 64, 130 Niembro, Roberto...... 40, 90 Pessoa, Paula...... 85 Martin, Margaret...... 75 Niwattisaiwong, Seksiri...... 54, 66 Petersen, Niels...... 74 Martins, Armando...... 23 Nogueira, Alba...... 34 Pethechust, Eloi...... 43 Martins de Araujo, Luis Claudio...... 98 Noori, Seyed Masoud...... 27 Pianaro, Rick...... 49 Márton, Mónika...... 49 Novak, Andrew...... 106, 123 Piccirilli, Giovanni...... 102 Marzi, Daniela...... 36 Nowak, Bruna...... 27 Pigozzi, Pier Paolo...... 38, 66 Mate, Manoj...... 128 Nuñez Poblete, Manuel...... 35 Pileggi, Francesca...... 116 Mathen, Carissima...... 33, 93, 125 Pinheiro, Ana Cristina...... 32 Mathews, Jud...... 71, 100, 136 Pinto, Mattia...... 127 Mattarella, O Piotrowski, Ryszard...... 81 O’Regan, Kate...... 14, 38 Bernardo Giorgio...... 42, 116 Pironnet, Quentin...... 48 Oakes, Ted...... 76 Maués, Antonio...... 87 Pirri Valentini, Anna...... 76 Obayashi, Keigo...... 28 Mavronicola, Natasa...... 127 Píša, Radek...... 43 O'Cinneide, Colm...... 80 Mazur, Joanna...... 48 Pisz, Maciej...... 102 O'Donoghue, Aoife...... 133 MacFarlane, Audrey...... 93, 112 Podkowik, Jan...... 43, 81 Ohnishi, Nami Thea...... 46 Mecinas, Juan...... 60 Ponce de León Solís, Viviana...... 33 Okitsu, Yukio...... 46 Medina Quiroga, Cecilia...... 85, 125 Popelier, Patricia...... 61, 82, 92, Oklopcic, Zoran...... 29, 47, 75 Mendes, Conrado...... 67 119 Olawuyi, Damilola...... 131 Mendes, Joana...... 29, 42, 74, 100, 139 Porat, Iddo...... 94 Oliveira, Mariana...... 67

147 Pou Giménez, María Francisca.....45, Sadurski, Wojciech...... 73, 122, 19, Soto Velasco, Sebastián...... 35 50, 114 139 Souza, Milton...... 50 Powell, Catherine Saha, Tushar Kanti...... 32 Sowery, Katy...... 103 Prada-Uribe, María Angélica...... 123 Sahadžić, Maja...... 119 Spaulding, Norman...... 124 Prado, Mariana...... 42, 100 Sahin, Samed...... 42 Spigno, Irene...... 110, 127 Preuss, Ondrej...... 103 Saikali, Lucas...... 62 Sripati, Vijayashri...... 45 Pribytkova, Elena...... 91 Salas Salazar, Carolina...... 70 Stacey, Richard...... 36 Prieto, Gustavo...... 123 Salaymeh, Lena...... 58 Steinhauer, Fabian...... 58 Prieto Rudolphy, Marcela...... 91 Salazar, Fabian...... 115 Steininger, Silvia...... 84 Pudzianowska, Dorota...... 58 Salgado, Eneida Desiree...... 73, 115 Stephenson, Scott...... 62 Salgueiro da Purificação Marques, Stewart, Hamish...... 41, 139 Camila...... 27 Stopler, Gila...... 94, 128

Q Salomao, Glauco...... 23, 41 Stoppioni, Edoardo...... 61 Queiroz, Marcos...... 65 Saltos, Miguel...... 98 Su, Yen-Tu...... 113 Sammut, Ivan...... 43, 102 Suarez, Federico...... 47, 52 R Sanchez-Talanquer, Mariano...... 67 Suárez Ricaurte, Federico...... 123 Rached, Danielle...... 102 Sanchez-Urribarri, Raul...... 109 Suk, Julie...... 53, 80 Ragone, Sabrina...... 35, 78, 109, 125 Sandor, Judit...... 53, 81 Surak, Kristin...... 52 Ramirez-Cleves, Gonzalo...... 78, 137 Sandoval, Germán...... 63 Svetlicinii, Alexandr...... 60, 80 Ramlan, Shazny...... 118 Santaella, Hector...... 47, 68 Szabó, Zsolt...... 111 Ranchordas, Sofia...... 29, 70, 99 Santamaria, Enrique...... 53 Szmulewicz, Esteban...... 51 Rankin, Melinda...... 123 Sarkar, Arpita...... 32 Szwed, Marcin...... 85, 106 Rantala, Marjo...... 83 Sarria, Raquel...... 96 Rao, Badrinath...... 32 Saucedo, Leticia M...... 50 Ravest, Maximiliano...... 30 Schallenmüller, Christian...... 78 T Tamir, Oren...... 44, 135 Reayat, Nauman...... 30 Scheppele, Kim Lane...... 44, 86, 114 Tanzarella, Palmina...... 127 Recabarren, Clemente José...... 83 Schneiderman, David...... 52, 73 Tarnowska, Anna...... 49 Recchia, Nicola...... 41 Schönsteiner, Judith...... 84, 107 Tega, Diletta...... 67, 139 Reichman, Amnon...... 37, 70, 113, 125 Schweber, Howard...... 25 Teixeira, João Paulo...... 23 Reis Gonçalves Pereira, Jane...... 33 Scotti, Guilherme...... 50, 65 ter Haar, Dr Beryl...... 74 Rey Salamanca, Felipe...... 79 Seidman, Guy...... 83 Terada, Mayu...... 81, 130 Reyes Robledo, Juan Francisco...... 110 Sekine, Yuki...... 46 Tew, Yvonne...... 44, 105, 132 Rezende Oliveira, Mariana...... 62 Sen, Jhuma...... 90 Tijmes, Jaime...... 37 Ribas, Leonardo...... 54 Sepulveda Hales, Barbara...... 129 Toro, Jose...... 69 Ribas Vieira, José...... 68 Serrano Moreno, Juan E...... 31 Tourkochoriti, Ioanna...... 58, 96 Riberi, Pablo...... 61, 77 Sferrazza, Pietro...... 64 Towfigh, Emanuel V...... 74 Ríos, Lautaro...... 111 Shachar, Ayelet...... 52 Trispiotis, Ilias...... 33 Rios Vega, Luis Efren...... 110, 127 Shargh, Shafiq...... 27 Trochev, Alexei...... 73 Rios-Figueroa, Julio...... 30 Shaw, Yung-Djong...... 110 Tryfonidou, Dr Alina...... 74 Roa Roa, Jorge Ernesto...... 27, Siapoush, Ali Akbar...... 27 Tschorne, Samuel...... 75 40, 115 Sierra, Ximena...... 52 Tsoumani, Eirini...... 112 Robles Ustariz, Silga, Janine...... 61, 86 Tu, Yu-Yin...... 48 Andrea Cristina...... 80, 66 Silva, Bruno...... 122 Tupay, Paloma Krõõt...... 62 Rocca, María Elena...... 35 Silva, Janaína...... 45 Turekhanov, Adilkhan...... 97 Rodean, Neliana Ramona...... 78 Silva, Luis A...... 25 Tushnet, Mark...... 24, 57, 73, 105 Rodiles, Alejandro...... 59, 106 Silva, Uriel...... 105 Tyc, Aneta...... 45, 132 Rojas, Christian...... 68 Silva, Valeria...... 26 Tyulkina, Svetlana...... 23 Rojas Ríos, Alberto Silva Gallinato, Maria Pía...... 35 Tzanakopoulou, Maria...... 114 Román, Cristian...... 105 Silveira, João Tiago...... 82 Tzevelekos, Vassilis...... 73 Romeo, Graziella...... 31 Simmons, Beth...... 17 Romero, Juan José...... 15 Simoncini, Andrea...... 70 Rosler, Andrés...... 25 Simpson, Amelia...... 58, 93 U Rossi, Amélia...... 27 Sinclair, Guy Fiti...... 40 Ubajoa, Juan...... 81 Roux, Theunis...... 48, 74 Siregar, Fritz...... 105 Uitz, Renata...... 48, 139 Roznai, Yaniv...... 36, 55, 78, 114 Siucinski, Robert...... 77, 111 Undurraga, Verónica...... 123 Rubio Marin, Ruth...... 139, 150 Skoutaris, Nikolaos...... 116 Urbina, Francisco...... 13, 71, 101, 150 Rueda Vásquez, Jose Miguel...... 96 Smith, Ewan...... 63 Urbina, Ignacio...... 118 Ruiz Fabri, Hélène...... 61 Smith, Terry...... 93, 112 Urrejola, Antonia...... 89 Rybski, Robert...... 43 Solá, Victorino...... 60 Urueña, René...... 89 Solaiman, Barry...... 118 Uvalle, Ricardo...... 60 Solanke, Iyiola...... 62, 86, 93, 112, 139 S Soley, Ximena...... 84, 106 Saba, Roberto...... 90 Somek, Alexander...... 75 Saddy, André...... 68, 98 Somit, Alexander...... 44

148 Weill, Rivka...... 53, 107, 132 V Weinstock, Daniel...... 101 Vagdoutis, Nikolaos...... 97 Werneck Arguelhes, Diego...... 108 Valdivia, Trilce...... 49 Wesson, Murray...... 46 Valencia Mosquera, Carolina...... 115 White, Emily Kidd...... 130 Valencia-Tello, Diana...... 99, 117 Wijayalath, Ayesha...... 116 Vallejo, César...... 79 Wilenmann, Javier...... 26, 41, 76 Vallejo, Rodrigo...... 29, 59 Wilkinson, Michael...... 75, 124 Valli Büttow, Clarissa...... 67 Wiratraman, Van Cleynenbreugel, Pieter...... 119 Herlambang P...... 106, 122 van den Brink, Martijn...... 52, 102, 111 Włoch, Wojciech...... 49 van den Meerssche, Dimitri...... 40 Wong, Sulan...... 31 van der Broocke, Bianca...... 75 Woolaver, Hannah...... 117 van Lier, Felix-Anselm...... 92, 120 Wosniaki Serenato, Mauricio...... 101 van Zimmeren, Esther...... 48 Wróblewska, Iwona...... 32 Vanoni, Luca Pietro...... 69 Wunder Hachem, Daniel...... 43 Vanzoff Robalinho Cavalcanti, Ana Beatriz...... 85 X Varaki, Maria...... 91 Xanthopoulou, Ermioni...... 43 Vazquez, Cristina...... 35 Vedaschi, Arianna...... 69 Vega, Gerardo Enrique...... 117 Y Velasco Rivera, Mariana...... 59 Yamin, Alicia Ely...... 62, 91 Velluti, Samantha...... 82 Yáñez, Nancy...... 24 Vence, Xavier...... 51 Yap, Po-Jen...... 24 Verdugo, Sergio...... 36, 79, 95, Yegen, Oya...... 116 122, 139, 150 Yeh, Jiunn-Rong...... 113 Vergel, Carolina...... 26, 111 Young, Margot...... 93 Viana, Ana Cristina...... 83 Viera, Christian...... 36 Z Viganò, Francesco...... 41 Zaiden Benvido, Juliano...... 109 Villagran, Arturo...... 106 Zamaria, Alain...... 61 Villalonga, Cristian...... 98 Zanette, Valéria...... 32 Villamil Rodriguez, Zanoni, Davide...... 116 Juan Sebastián...... 118 Zapata, Patricio...... 119 Villarreal, Pedro A...... 123 Zaumseil, Fred Felix...... 98, 139, 150 Vío, Eduardo...... 89 Zavala Achurra, Viola, Pasquale...... 118 María Elisa...... 90 Violini, Lorenza...... 69, 73, 134 Zibetti, Fabiola...... 131 Vivaldi, Lieta...... 129 Zubik, Marek...... 43, 122 Vodanovic, Andres...... 68 Zwingmann, Beke...... 101 Vogiatzis, Nikos...... 102 Volosova, Evgeniia...... 103 Volpe, Valentina...... 102 von Bogdandy, Armin...... 16, 40, 85, 107, 125, 139 Voorwinden, Astrid...... 29 Vosa, Giuliano...... 128 Vrolix, Zoé...... 98 Vujadinovic, Dragica...... 45 W Walsh, Rachael...... 36 Walski de Almeida, Joao Guilherme...... 132 Walter de Santana, Anna Luisa...... 65 Wang, Shucheng (Peter)...... 115 Waters, Timothy...... 116 Weerts, Sophie...... 67 Weidmann, Karen Solveig...... 91 Weiler, Joseph H.H...... 9, 95, 106, 139, 150

149 ICON·S 2019 Organizing Committee

Richard Albert, Gráinne de Búrca, Mariana Canales, Lorenzo Casini, Felicia Caponigri, Rosalind Dixon, Fernanda Farcuh, Claudia Golden, Ran Hirschl, Juan Ibañez, David Landau, Carolina Larraín, Ruth Rubio Marin, Antonia Paúl, Mariano Pola, Diego Tagle, Francisco Urbina, Cristián Valenzuela, Luis Carlos Valdés, Sergio Verdugo, Joseph Weiler and Fred Felix Zaumseil.

Design: Comunication Department Pontificia Universidad Católica de Chile Faculty of Law

ICON•S | The International Society of Public Law 40 Washington Square South, New York New York 10012 United States

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Pontificia Universidad Católica de Chile Faculty of Law Avenida Libertador Bernado O´Higgins 340 Santiago, Chile

www.derecho.uc.cl Twitter: @derechouc Facebook: @derechouc

150 THE CONFERENCE IS ORGANIZED BY:

IN COLLABORATION WITH:

151 WITH THE SUPPORT OF:

152 153 154 155