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I Welcome Statements 2 II Schedule 3 III Plenary Events 6 Iv N ICONI WELCOM S CONEfere STATNCEMEe NTS 2 e CII O urtSCHEDULES, POwer, PublIC law 3 G a COPIII PLEeNHnaaGRYeN E VEnts 6 5IV – C 7 JulyONCURR 2017 inG PANELs 12 NH e OVERVIEw 13 PanEL SEssiONS 1 28 OP PanEL SEssiONS 2 76 C PanEL SEssiONS 3 126 PanEL SEssiONS 4 178 2017 PanEL SEssiONS 5 231 PanEL SEssiONS 6 278 V ICON S InaUGURAL GOVERnanCE 326 VI ICON S CONFERENCE PROCEEDinGS SERIEs 327 e VII SERVICE 328 NC VIII Map OF CONFERENCE VENUES & FLOOR PLans 330 IX PARtiCipants 339 fere ON C S ICONS2017.dk ICON S 2017 TABLE OF CONTENTS 1 #ICONSCPH ICON I WELCOME STATEMENTS 2 II SCHEDULE 3 III PLEnaRY EVEnts 6 IV CONCURRinG PANELs 12 OVERVIEw 13 PanEL SEssiONS 1 28 PanEL SEssiONS 2 76 PanEL SEssiONS 3 126 PanEL SEssiONS 4 178 PanEL SEssiONS 5 231 PanEL SEssiONS 6 278 V ICON S InaUGURAL GOVERnanCE 326 VI ICON S CONFERENCE PROCEEDinGS SERIEs 327 VII SERVICE 328 VIII Map OF CONFERENCE VENUES & FLOOR PLans 330 IX PARtiCipants 339 ICON S 2017 TABLE OF CONTENTS 1 Welcome to this year’s ICON S conference in Copen- I WELCOME hagen. iCourts, Centre of Excellence for International II SCHEDULE WEDNESDAY Courts, is both proud and honoured to host this year’s annual conference of the International Society of STATEMENTS Public Law at the brand new premises of the Faculty of 5 JULY 2017 Law, University of Copenhagen. ICON S has in recent years established itself as a key hub for international, national and transnational studies of public law. And by its uniquely inclusive approach, it has facilitated en- counters between junior and senior scholars of many fields of law and connected disciplines. We warmly welcome all of the participants in the 2017 Everything should be in place for new and critical Annual Meeting of ICON S, the International Society of encounters between scholars of public law. For years, 12:00 – 13:00 REGistRatiON Public Law. The challenging global and domestic politi- Denmark has been assessed as the happiest place cal developments of the last few years make the in- on earth by numerous studies. The much celebrated → Radisson Blu Scandinavia Hotel terdisciplinary study of public law at the local, national, movement of New Nordic cuisine started in Denmark a regional and global level ever more urgent and impor- decade ago. And Copenhagen, a small but cosmopoli- tant. This, yet again, will be our largest Annual Meeting tan capital city, has been good at projecting its image 13:00 – 13:20 OPENING REMARKS since the foundation of the Society in 2013. The panels, as the place of bicycles and fun. Copenhagenize is roundtables and plenary events address the Confer- even the name of an organisation seeking to globalise → Radisson Blu Scandinavia Hotel ence’s overarching theme of “Courts, Power, Public the Copenhagen way of life: High trust in public in- Law” and other topics at the heart of contemporary stitutions and an egalitarian and democratic culture public law inquiry. We are grateful to our Copenhagen seemingly epitomised by the abundance of bicycles. hosts for their extraordinarily hard work and creativ- Things are perhaps slightly more complex in the 13:20 – 14:30 KEYNOTE ADDRESS ity in putting together such a truly mega-sized event, home country of the little mermaid. Already in 1603, → Radisson Blu Scandinavia Hotel and we thank our sponsors for their generous support. Shakespeare famously noted that something was Most of all, we thank you, the ICON S members, for “rotten in the State of Denmark”; In 2015, another Eng- your overwhelmingly positive response to the call for lishman published the bestseller “The Almost Nearly papers this year, and for volunteering your time and Perfect People” which zoomed in on the less than per- 14:30 – 15:00 Coffee Break energy to promote the success of the Society and its fect parts of Danish and Nordic society. For scholars annual conference. Together, we have created what we of public law, and particularly those specialising in EU → Radisson Blu Scandinavia Hotel believe to be a rich, inclusive and intellectually exciting law, Denmark has been a reluctant traveler since the program featuring scholars, jurists and policy makers 1970s. And the country has in recent years made the from various disciplines and from literally four corners news with its strict measures on immigration. 15:00 – 16:30 PLEnaRY PANEL I of the world. We wish you a very enjoyable and reward- The complexities of contemporary society – from ing conference! the global challenges to the Danish model to the refu- GLOBAL ECONOMIC INJUstiCE gee crisis – are at the heart of the discipline of pub- GRÁINNE DE BÚRCA Ran HIRSCHL lic law. This year’s theme Courts, Power, Public Law → Radisson Blu Scandinavia Hotel New York University University of Toronto & speaks directly to these and other current challenges. Universität Göttingen We welcome your contribution to these debates. And we welcome you to experience a little hygge – another 16:30 – 17:00 Walk to The Faculty of Law ( 500 m ) Co-Presidents, ICON S, recent Danish export – while contemplating the future the International Society of Public Law of law and society. MIKAEL RasK MaDSEN 17:00 – 18:30 PANEL SEssiONS I p. 28 – 75 Director of iCourts SEssiONS 1 – 31 Centre of Excellence for International Courts → Faculty of Law Local host 18:30 – 19:30 OPENING RECEPTION → Faculty of Law, Atrium WELCOME STATEMENTS 2 CONsCHEDULECURRING PANELS 3 THURSDAY 6 JULY 2017 FRIDAY 7 JULY 2017 09:00 – 10:30 PANEL SEssiONS II p. 76 – 125 09:00 – 10:30 PANEL SEssiONS V p. 231 – 277 SEssiONS 32 – 66 SEssiONS 136 – 167 → Faculty of Law → Faculty of Law 10:30 – 11:00 Coffee Break 10:30 – 10:45 Coffee Break → Faculty of Law, Atrium → Faculty of Law, Atrium 11:00 – 12:30 PANEL SEssiONS III p. 126 – 177 10:45 – 12:15 PANEL SEssiONS VI p. 278 – 325 SEssiONS 67 – 101 SEssiONS 168 – 199 → Faculty of Law → Faculty of Law 12:30 – 14:00 Lunch Break 12:15 – 12:30 Snack Break → Faculty of Law, Atrium → Faculty of Law, Atrium 14:00 – 15:30 PLEnaRY PANEL II 12:30 – 14:00 PLEnaRY PANEL III HIGH COURTS AND POLITICAL INTERnatiOnaL COURTS IN THE POWER: A CONVERsatiON WITH 21 ST CENTURY THREE PROMINENT JURists → Faculty of Humanities ( Aud. 23.0.50, → Faculty of Humanities ( Aud. 23.0.50, Aud. 23.0.49 / overflow hall ) Aud. 23.0.49 / overflow hall ) → Faculty of Law ( Aud. 9A-1-01 + → Faculty of Law ( Aud. 9A-1-01 + Aud. 9A-3-01 / overflow hall ) Aud. 9A-3-01 / overflow hall ) 15:30 – 16:00 Coffee Break → Faculty of Law, Atrium 16:00 – 17:30 PANEL SEssiONS IV p. 178 – 230 SEssiONS 102 – 135 → Faculty of Law CONSCHEDULECURRING PANELS 4 CONSCHEDULECURRING PANELS 5 Op EninG REMARKS KEYNOTE ADDREss III PLEnaRY WED 13 : 00 13 : 20 – 14 : 30 EVEnts GRÁINNE DE BÚRCA BRYAN STEVENSON New York University, Professor, Equal Justice Co-President, ICON S Initiative / New York University Gráinne de Búrca is Florence Bryan Stevenson is the founder Ellinwood Allen professor of and Executive Director of the law at New York University Equal Justice Initiative in Mont- law school. She is director of gomery, Alabama. Mr. Steven- the Hauser Global Law Fac- son is a widely acclaimed ulty program and co-director public interest lawyer who has of the Jean Monnet Center at NYU. Prior to joining dedicated his career to helping the poor, the incarcer- NYU, she held tenured posts as professor at Harvard ated and the condemned. Under his leadership, EJI Law School, Fordham Law School, and at the Euro- has won major legal challenges eliminating excessive pean University Institute in Florence, and was Fellow and unfair sentencing, exonerating innocent death of Somerville College at Oxford University. Her main row prisoners, confronting abuse of the incarcerated fields of research are in European Union law, human and the mentally ill and aiding children prosecuted as rights and discrimination, and international and trans- adults. Mr. Stevenson has successfully argued several national governance. She studied law at University cases in the United States Supreme Court and re- College Dublin and the University of Michigan and was cently won an historic ruling in the U.S. Supreme Court admitted to the bar at Kings Inns, Dublin. She is co- banning mandatory life-without-parole sentences for editor of the leading OUP textbook: EU Law, currently all children 17 or younger are unconstitutional. EJI in its sixth edition, and co-editor of the International has also initiated major new anti-poverty and anti- Journal of Constitutional Law. discrimination efforts challenging the legacy of racial inequality in America. Mr. Stevenson’s work fighting MIKAEL RasK MaDSEN poverty and challenging racial discrimination in the Director of iCourts, criminal justice system has won him numerous awards University of Copenhagen including the ABA Wisdom Award for Public Service, the MacArthur Foundation Fellowship Award Prize, Mikael Rask Madsen is the the Olaf Palme International Prize, the ACLU National founder and Director of iCourts, Medal Of Liberty, the National Public Interest Lawyer The Danish National Research of the Year Award, the Gruber Prize for International Foundation’s Centre of Excel- Justice and the Ford Foundation Visionaries Award. lence for International Courts, In 2015, he was named to the Time 100 recognizing Professor of European Law and the world’s most influential people. Recently, he was Integration at the University of Copenhagen and mem- named in Fortune’s 2016 World’s Greatest Leaders list. ber of the Danish Royal Academy of Sciences and Let- He is a graduate of the Harvard Law School and the ters.
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