«Portugal, Europe and the Globalization of the Law»
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«Portugal, Europe and the Globalization of the Law» Celebration of the Centenary Law Faculty of the University of Lisbon International Conference (27th September 2013) Vasco Pereira da Silva Bernd Oppermann Patrick Hugg Luís Lima Pinheiro Rainer Arnold Balaguer Callejón Fausto de Quadros Luís Pereira Coutinho Rainer Prokisch Ana Paula Dourado Janez Kranjc Caroula Kervegan Miguel Romão Erasmus and International Relations Office Law Faculty of the University of Lisbon Organização de Carla Amado Gomes e Tiago Antunes Com o patrocínio da Fundação Luso-Americana para o Desenvolvimento «Portugal, Europe and the Globalization of the Law» Vasco Pereira da Silva Bernd Oppermann / Patrick Hugg Luís Lima Pinheiro / Rainer Arnold Balaguer Callejón / Fausto de Quadros Luís Pereira Coutinho / Rainer Prokisch Ana Paula Dourado / Janez Kranjc Caroula Kervegan / Miguel Romão Erasmus and International Relations Office Law Faculty of the University of Lisbon Publishe r: Erasmus and International Relations Office Law Faculty of the University of Lisbon www.fd.ulisboa.pt | [email protected] February 2015 Alameda da Universidade 1649-014 Lisboa Cover picture: Santos Almeida / ICJP – Law Faculty of the University of Lisbon Published for Erasmus and IRO/ LFUL by: OH! multimedia [email protected] Opening session Closing session GABINETE ERASMUS ERASMUS OFFICE Celebration of the Centenary Law Faculty of the University of Lisbon 27th. September 2013 International Conference «Portugal, Europe and the Globalization of the Law» - 9h 30m – Opening Session Prof. Dr. António Feijó - Vice-Rector of the University of Lisbon Prof. Dr. Eduardo Vera-Cruz Pinto - Dean of the Law Faculty Prof. Dr. Martim de Albuquerque - President of the Organizing Committee of the Centenary Prof. Dr. Vasco Pereira da Silva – President of the Erasmus and International Relations Office - 10h - «Portugal, Europe and the Globalization from the perspective of Law and Economics» Prof. Dr. Rainer Prokisch (Univ. Maastricht) Prof. Dr. Pasquale Pistone (Univ. Salerno) Prof. Dr. Ana Paula Dourado (Univ. Lisbon) Chairman - 11h 45m – «Portugal, Europe and the Globalization from the perspective of Private Law» Prof. Dr. Bernd Oppermann (Univ. Hannover) Prof. Dr. Patrick Hugg (Loyolla Univ. – New Orleans) Prof. Dr. Luís Lima Pinheiro (Univ. Lisbon) Chairman - 15h – « Portugal, Europe and the Globalization from the perspective of Public Law» Prof. Dr. Rainer Arnold (Univ. Regensburg) Prof. Dr. Balaguer Calléjon (Univ. Granada) Prof. Dr. Fausto de Quadros (Univ. of Lisbon) Chairman - 16h 45m – «Portugal, Europe and the Globalization from the perspective of Law History» Prof. Dr. Janez Krancj (Univ. Ljubljama) Prof. Dr. Caroula Kervegan (Univ.Cergy-Pontoise) Prof. Dr. Pedro Barbas Homem (Univ. Lisbon) Chairman - 18h 30m – Closing Session Prof. Dr. Pedro Romano Martinez -President of the Scientific Council Profª. Dra. Maria João Estorninho -President of the Pedagogical Council Prof. Dr. Vasco Pereira da Silva – President of the Erasmus and International Relations Office Reports of the Sessions Cidade Universitária, Alameda da Universidade, 1649-014 Lisboa Tel. 217 984 600 – Fax. 217 984 603 – [email protected] - www.fd.ul.pt Portugal, Europe and the Globalization of the Law 6 Introduction ► Chapter I Portugal, Europe, and the Globalization from the perspective of private law ► Bernd Oppermann (University of Hannover) ► «Portugal, Europe, and the Globalization from the perspective of private law» Patrick R. Hugg (University of Saint Louis) ► «Portugal, Europe, and Globalization from the Perspective of Private Law – A Transatlantic View» Luís de Lima Pinheiro (University of Lisbon) ► «Portugal, Europe and Globalization in the Private Law Perspective» Chapter II Portugal, Europe, and the Globalization from the perspective of public law ► Rainer Arnold (University of Regensburg) ► «The internationalization of Constitutional Law» Francisco Balaguer Callejón (University of Granada) ► «Portugal, Europe and the Globalization from the perspective of Public Law» Fausto de Quadros (University of Lisbon) ► «Portugal, Europe and Legal Globalization» Luís Pereira Coutinho (University of Lisbon) ► «Report» 7 Contents Chapter III Portugal, Europe and the Globalization from the perspective of Law and Economics ► Prof. Dr. Rainer Prokisch (Maastricht University) ► «Portugal, Europe and the Globalization from the perspective of Law and Economics» Ana Paula Dourado (University of Lisbon) ► «Global Governance, Global Standards and Democracy in Taxes» Chapter IV Portugal, Europe and the Globalization from the perspective of Law History ► Janez Kranjc (University of Ljubljana) ► «Legal education in the time of globalization – the case of Roman law and legal history» Caroula Kervegan (University of Cergy-Pontoise) ► «Ancient and Modern Globalization: a few history lessons» Miguel Romão (University of Lisbon) ► «Final report of the session “Portugal, Europe and the Globalization from the perspective of Law History”» Portugal, Europe and the Globalization of the Law 8 « Introduction- Adressment to the participants » Vasco Pereira da Silva (University of Lisbon) 9 Portugal, Europe and the Globalization of the Law Celebration of the Centenary Law Faculty of the University of Lisbon Opening Session ADRESSMENT TO THE PARTICIPANTS Ladies and Gentlemen, Dear Guests We are in the Opening Session of our International Congress celebrating the Centenary of the Law Faculty of the University of Lisbon. This is a kind of special “birthday party” of a “living Faculty” that, on one hand, is already old, because it celebrates one century, but on the other end is at the same time “fresh new”, because it begins now its second century. As President of the Erasmus and International Relations Office of the Law Faculty of the University of Lisbon and organizer of the event, I am expected to act like the “owner of the house”. I believe that the duties of a (good) owner of the house are as such: 1) To say hello and welcome to all the guests and thank them for the visit; 2) To organize a “guided tour” through the house, showing to the guests our “four rooms” (the four thematic sessions), and our two “living rooms” (the opening and the closing session); 3) To wish that all the guests enjoy the party and feel like coming back again soon. I am trying to do my best in order to fulfill all my duties, in this order: Portugal, Europe and the Globalization of the Law 10 1) Hello and Welcome First of all I´d like to thank to: - The Vice-Rector of the University of Lisbon, Prof. Dr. António Feijó, representing the Rector, that institutionally means the participation of our University at this event; - The Secretary of State for Regional Development, Dr. Pedro Lomba, that earlier of entering the Government was working as Assistant at the Law Faculty, and because of that has been and always will be one of us. It goes without saying that he is always very welcomed at his “home” Faculty; - The Dean, Prof. Eduardo Vera-Cruz, that is at present responsible to “carry on the flag” of our institution; - The colleagues, coming from different countries of the EU and from the United States, to participate in this International Conference, most of them chosen for being longtime friends of the Faculty (coming frequently to teach in our intensive courses); - The Portuguese colleagues taking part in the event; - The civil and academic authorities; - And last, but not least, I would like also to thank my staff, the Erasmus and International Relations office, namely my colleagues of the board of Direction, and the Erasmus Secretary, as well as the Students Association, without them it would be impossible to organize such an initiative. 2) “Guided Tour” through the house As said before, the “house” comprehends “four rooms” and “two living rooms”, that is to say, four themes and an opening and a closing session. The general theme for the “design” and the “decoration” of the house, meaning the theme of the Meeting, is «Portugal, Europe and the Globalization of the Law». No need to stress the importance and the actuality of the theme. In short: the world globalization implies the globalization of the Law; the European Union is a way of dealing regionally with the globalization; and Portugal has a historical tradition in this matter, being one of “creators” of the globalized world, with the Discoveries (even if nowadays the situation of the country is not so bright as it has been before). The theme is considered under an “ecumenical perspective”, being analyzed according to the different perspectives of the four groups of disciplines of the Law 11 Portugal, Europe and the Globalization of the Law Faculty (Private Law, Public Law, Law and Economics, and Law History). It explains our four sessions, that we hope may also become the four chapters of the commemorative book: «Portugal, Europe and the Globalization from the perspective of Law and Economics» (9h 30m), «Portugal, Europe and the Globalization from the perspective of Private Law» (11h 45m), « Portugal, Europe and the Globalization from the perspective of Public Law» (15h), «Portugal, Europe and the Globalization from the perspective of Law History» (16h 45m). After, there will be a Closing Session, with the presentation of the reports of the sessions, trying to elaborate the “state of the art” of the themes discussed and some (provisional) conclusions, in a kind of “synthesis essay” of our Meeting. 3) Let us Party So, now, after welcoming all the guests and visiting the house, my task is almost accomplished. The party