& 2011-12 ANNUAL REPORT

INSTITUTE FOR GLOBAL LAW & POLICY HARVARD LAW SCHOOL

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

Founded in 2009, The Institute for Global Law and As a reflection of this mandate, The Institute mounted Policy at Harvard Law School is an international a strong academic program during the 2011-2012 collaborative project to foster research and policy dialog academic year, sponsoring an array of workshops, about the structure and potential for global governance lectures and conferences. Our most exciting initiative and international law affecting pressing issues of global is an annual ten day Intensive Workshop for young regulation and policy. We focus on the relationship scholars and policy practitioners which we have hosted between the transnational regulatory environment and each June, beginning in 2010, at Harvard Law School. the potential for sound economic development. The In 2012, IGLP: The Workshop brought more than 150 Institute aims to foster innovative approaches to global young scholars from over 45 countries to Cambridge for policy and political economy, and new thinking about collaborative discussion and debate about global law and international legal and institutional arrangements, with economic policy with more than thirty-five leading faculty an emphasis on ideas and issues of importance to the from around the world. While in residence at Harvard, global South. Much about how we are governed at the participants reviewed current scholarly developments, global level remains a mystery. Scholars at the Institute reconsidered canonical texts, and networked with are working to understand and map the levers of political, colleagues from across the world. Intensive Writing economic and legal authority in the world today. Workshops, led by select alumni ‘Docents’ from our first two Workshops, offered all participants the opportunity The Institute is particularly focused on young scholars to share their own work in progress with a small group who bring new ideas and perspectives to comparative of colleagues and leading scholars. Discussion groups, and international legal research and policy. Over the last which were also led by our Docents, offered participants years we have developed a large global network of young an opportunity to meet with peers and more senior faculty and policy makers who share our belief that ideas colleagues in small groups, and focus on discussion of matter and that original and critical thinking can transform the themes and readings of the Workshop. the ways in which policy experts, intellectual leaders and citizens understand our common global situation. The Institute has also built strong relationships with leading faculty at a wide range of foreign institutions, represented by the scholars who participate in our Advisory Councils. We regularly host both scholars and policy practitioners as Visiting Researchers and Fellows at Harvard. Through this network we seek to deepen collaboration among those seeking new approaches to international law, political economy and economic development from governments, international institutions, the private sector and the non-governmental sector. Our aim is to facilitate the emergence of a creative dialog among experts from around the world, strengthening our capacity for innovation and cooperative research about global governance, social justice and economic policy. Usha Nataranjan, assistant professor at the American University in Cairo, served as a Docent in the June 2012 Workshop.

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

This year we also convened a five-day Colloquium at In 2013 we will host a global conference at Harvard, Harvard prior to The Workshop for IGLP Core Faculty, convening faculty and IGLP alumni to showcase the invited guests and docents. This year’s Colloquium collaborative work emerging from our network over the focused on the political economy of the modern global last years. IGLP: The Conference will be a biennial order and brought a number of heterodox thinkers from event, open to all IGLP alumni and faculty that will economics, sociology and history together with our provide a chance for alumni to reconnect with global network of Workshop alumni and faculty to discuss new peers, showcase their ongoing scholarship, and explore ideas. new avenues for collaborative work with colleagues.

The Workshop and Colloquium was generously Throughout the 2011-2012 academic year we were also supported by Santander Universities and Sovereign pleased to host and sponsor a terrific series of programs Bank. With their support over these last three years we and initiatives in collaboration with our sponsors whose have built a powerful global network of more than 250 continued faith and confidence in the work we do at the young scholars working collaboratively at the cutting Institute could not be more timely or significant. The year edge of contemporary legal and economic policy. We saw our ninth annual Business Law Seminar, focused are grateful to Santander for renewing their faith in our on Transatlantic Views on Corporate and Financial efforts for an additional three years. Law Issues and conducted with support from the Real Colegio Complutense, as well as our ninth annual We are very pleased to announce that in 2012 the Qatar Seminar on European Union and US Antitrust Law co- Foundation joined the Institute as both a co-sponsor of sponsored and organized with Cleary, Gottlieb, Steen our Workshop Initiative and as a Leading Sponsor of the & Hamilton’s Brussels office. With J&A Garrigues, Institute. As part of this exciting new collaboration with S.L.P., we again organized a North American Lawyers the Foundation, we are also very pleased to announce Program in Madrid bringing Harvard law faculty to that beginning in 2013 IGLP: The Workshop, with the participate in training young Spanish corporate lawyers. leading support of the Qatar Foundation, will be held each January in Doha. With Santander’s continuing In March, we launched an exciting new initiative with support, we will also continue our Harvard ten-day Visa International with a day-long policy workshop at residential program each June, focused on deepening Harvard focused on day Global Liquidity and Capital as collaboration among our Workshop Faculty and growing Legal Institutions. This Workshop was the first in a new network of Workshop Alumni. series of broad ranging research initiatives between the

ii IGLP and Visa to cover the themes of liquidity in the for Human Rights and Justice, we co-sponsored a global economy, productive financial services regulatory two-day conference on Property Rights and the Human structures in emerging markets, and financial inclusion. Rights Agenda at the University of Texas School of Law. In April we also held a joint seminar at Harvard with CEU In 2011-2012 we also continued our history of sponsoring San Pablo University on The European Legal Project: important transnational dialog by collaborating with New Approaches which featured a keynote speech by partner institutions abroad and by supporting the ongoing Miguel Maduro, Director of the Global Governance work of our affiliated faculty. In August we co‐sponsored Programme at European University Institute. We were a policy workshop with the Saranrom Institute of also very pleased to host Alfred Gusenbauer, former Foreign Affairs (SIFA) at Chulalongkorn University Chancellor of Austria and member of our Honorary which brought current and former political leaders Council, as a Visiting Scholar at the Institute and to from Europe, Latin America, Africa, the United States co-host two roundtables discussions as part of his and Asia into dialog with academics and researchers ongoing research project to examine the state of social focused on the emerging economies of the ASEAN democracy today and evaluate the ways it could become region and the potential for further growth of the region a driving force for change in the 21st century. in the coming years. In November we co-sponsored a two-day conference on the History of Capitalism with As we look forward to 2012‐2013, we anticipate Professor Chris Desan and the Program on the Study continuing the development of our financial base of of Capitalism at Harvard Law School and the Culture of support and strengthening our Advisory Councils to the Market Network. This past February, in celebration enhance our ability to pursue the Institute’s broad of Harvard Law School Professor Janet Halley’s new global mandate. In addition to our large residential article “What is Family Law?: A Genealogy,” we hosted activities in January in Doha and at Harvard in June, panel discussions about the significance of the article we will continue to sponsor lectures, workshops and and its relationship to other pieces in the field. In March, conferences throughout the year – both in Cambridge alongside the Bernard and Audre Rapoport Center and in collaboration with our partners abroad. Our year began in late August with a policy workshop in Bangkok, Thailand, co‐sponsored with our Leading Sponsor, Visa International. In September we will continue our North American Lawyers Program, and our Business Law Seminar. We will also co-sponsor, with the Program on the Study of Capitalism, a workshop and speaker series on the History of Capitalism. We will also continue to seek new ways to encourage the development of progressive and alternative ideas about international law, society and political economy by supporting original, provocative and challenging intellectual work among young scholars.

This Report provides a snapshot of our achievements over the 2011-2012 academic year. In all, we are delighted by the Institute’s continuing progress and are IGLP: The Workshop offers promising young scholars from around the globe opportunities to build collaborative relationships through multi‐ extremely grateful to all those who have contributed to year participation. our efforts.

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Working Formats ...... 3

Scholarly Resources ...... 5 Research Agenda and History ...... 9

Staff and Affiliates ...... 15 Honorary, Advisory, and Academic Councils ...... 17 The Network ...... 22 Program Partners and Sponsors ...... 24 Visitors Program ...... 27

Events ...... 32

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Working Formats well as a new series of series of Pro-Seminars which are designed for small groups of scholars engaged in Our programs and initiatives provide a focal point at collaboration aimed towards publication. The January Harvard Law School for new thinking in the fields of Workshop is sponsored by the Qatar Foundation, and comparative law, global governance and international our June activities by Sovereign Bank and Santander law. Each year we support a wide range of working Universities. formats that offer opportunities to students and faculty seeking new perspectives and alternative thinking about Policy Roundtables the global situation. The Institute’s working formats The IGLP sponsors policy roundtables, ranging in include: duration from one to three days, concerning specific issues important to one or more of the IGLP’s Conferences and Workshops constituencies, in which participants from industry, The IGLP regularly sponsors conferences and the practicing profession, government, and academia workshops, ranging from informal events at the Harvard discuss topics of common interest in a relaxed setting. Faculty Club, to large meetings convening over 100 Previous endeavors have included a roundtable on scholars for intensive discussion in Cambridge as well International Regulatory Frameworks with the University as at partner institutions across the globe. The IGLP of Wisconsin in 2004, a Policy Workshop at Harvard sponsors numerous opportunities for younger scholars Law School on “Russia’s Future Relationship with the to share their ongoing research with one another, through EU and the Broader International Community” in 2005. lunchtime or afternoon workshops, or more informal In 2009‐2010, we cosponsored a Workshop in Beijing roundtable discussions. Our signature event is an on “New Regulatory Models After the Crisis” with the annual ten-day intensive Workshop for young scholars Institute for Policy Dialog at Columbia University and a and policy practitioners on global law and economic one day intensive Workshop on “New Challenges and policy. Beginning in 2013, IGLP: The Workshop will be New Conceptions of International Law” in Cambridge convened each January in Doha, Qatar. Each June at with the Moscow based Global Policy Forum. This Harvard we will also host a week-long Colloquium for past March, along with our leading sponsor, Visa the Institute’s faculty and invited Workshop alumni, as International, we convened a group of government

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

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One of IGLP’s many student-led seminars.

officials, industry representatives and scholars for a day- Affiliates Program long policy roundtable workshop at Harvard on Global With the support of Cleary, Gottlieb, Steen & Hamilton, Liquidity and Capital as Legal Institutions. the IGLP sponsors a Student Affiliates Program to connect Harvard Law School students working on Lectures and Informal Seminars matters of European law and policy, either as a topic of During the academic year, the IGLP sponsors a variety of ongoing research or as a prospective field of practice, lectures and informal seminars in which scholars share with one another. The firm generously integrates IGLP ongoing research in the areas of global law and policy. Student Affiliates into their European Union information These events, which are generally open to all members system, and offers to connect students with members of of the Harvard community, aim to bring the best new the firm who are knowledgeable in the areas of law and thinking about global law and policy to the community legal practice in which the student is pursuing research. for discussion and debate. The overall objective of the program is to make available a more personalized relationship between interested Student‐Led Workshops and Seminars students and practitioners of European law, to allow The IGLP supports activities organized and led by Student Affiliates access to a wealth of experience doctoral students and Visiting Researchers at the Law and expertise in this area, and to be kept abreast of School. Students often prepare presentations based on ongoing developments in the field. Over 25 Student their current research or invite smaller groups of students Affiliates receive periodic updates on European law to informal discussions. These formats facilitate ongoing prepared by the Brussels office of Cleary, Gottlieb, debate about a selection of themes of interest to both Steen & Hamilton each year, and are invited to attend IGLP and students and scholars associated with our ongoing events sponsored by IGLP. Student Affiliates ongoing work. We regularly provide support for student also actively participated in the Workshop on “Current groups at the school pursuing projects related to our Developments in EU & US Antitrust Law.” research mandate.

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Scholarly Resources intellectual work that might not otherwise find support from mainstream institutional resources and which Research and Visitors Program contributes to the emergence of new approaches to The IGLP supports an active program for Visiting international law, political economy and global social Fellows, Researchers and Scholars. The IGLP appoints justice. Visiting Fellows for either a semester or an academic year. Fellows are usually funded by outside sources. IGLP Collaborative Research Grants Visiting Researchers and Scholars at the IGLP generally The IGLP encourages the development of progressive spend one semester in residence at Harvard Law School, and alternative ideas about international law, society and although appointments may range from one month up to political economy by supporting original, provocative and one year. All have access to the Harvard library and e‐ challenging intellectual work that might not otherwise mail systems and, subject to instructor approval, may find support from mainstream institutional resources and audit Law School classes on a non‐credit basis. The which contributes to the emergence of new approaches IGLP arranges informal luncheons and other gatherings to international law and global social justice. Through for Visiting Fellows, Researchers and Scholars to this Research Grants Program we seek to facilitate provide them with an opportunity to meet Law School innovative group research and writing projects in these students and faculty. In addition to its Visitors Program, fields, and deepen the network of collaboration among the IGLP supports research by doctoral candidates and our HLS graduate students, IGLP Workshop alumni, and other IGLP affiliates. IGLP faculty.

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

Critical Approaches to International Criminal Law Organized by IGLP Workshop Alumni Michelle Burgis IGLP Visiting Researcher Elizabeth Trujillo at the European Legal Proj- (Australia), Paul Kingsley Clark (UK), Tor Krever ect: New Approaches seminar at Harvard Law School on April 13, 2012. (Australia), Heidi Matthews (Canada), John Reynolds (Ireland) and Christine Schwobel (Germany). Fellowship Program The field of International Criminal Law (ICL) has recently Inaugurated in 2006, the Fellowship Program offers full experienced a significant surge in scholarship, in or partial student and post‐doctoral fellowship support institutions, and in the public debate. The contemporary to a small number of scholars pursuing research in debate is predominantly focused on ICL’s contribution areas related to the IGLP’s ongoing work. The number to projects of justice, peace, legality, addressing of Fellowships awarded each year depends upon the impunity and accountability. While there are individual available funding. In general, the IGLP encourages sites of critique, they are largely limited to effectiveness the development of progressive and alternative ideas arguments: If the International Criminal Court is not about international law, society and political economy functioning as well as it could be, then it must be made by supporting original, provocative and challenging more effective; if peace is not yet achieved through

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tackling impunity, then there must be more accountability. Turf and Texture: Narrating the Legal International This limited critique has fostered a seemingly self- Organized by IGLP Workshop Alumni Lucas Lixinski congratulatory, uncritical, and over-confident area of (Brazil), Nikolas M. Rajkovic (Canada), and Surabhi international law which has marginalised deeper critical Ranganathan (India) approaches. Current debates in international law seem to be informed by different narratives about what the international legal What is missing from the mainstream debate are order “is‟ or “should be.‟ These narratives inform the the possible complicities of ICL in injustice, conflict, way in which we perceive and articulate international exclusions, and biases. Arguably, the numerous law; attempting to explain alleged convergences conferences this year on the topic of the 10-year and divergences of international legal rules and anniversary of the coming into force of the Rome institutions. Dominant approaches in the narration of Statute are largely a testament to this limited critique. the legal international include familiar labels such as Through this project the organizers hope to shift the “global administrative law,” “the constitutionalization of debate towards such complicities and limitations in the international law,” “international legal pluralism,” and contemporary understanding of ICL and to question “the fragmentation of international law.” some of the assumptions which inform the field and which may cause injustice, conflict, exclusion and bias. Each of these approaches brings something different to The Organizers will host a conference on Critical the table, but little work has been done in scrutinizing Approaches to International Criminal Law at the contribution of these narratives to an idea of the the University of Liverpool School of Law and Social “legal international.” Particularly, limited analysis exists Justice on December 6-7, 2012. comparing these narratives, as well as applying them

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

6 Scholarly Resources across specific specialized regimes, so as to assess the law, criminal law, constitutional law, corporate law, labor impact of each of them in the understanding of these law, family law, international law, human rights law, regimes. This project aims at understanding these environmental law etc.) processes and evaluating the contribution of these overarching narratives to positive international law. Current global law texts do not reflect the rich variety The Organizers plan to host a Workshop in the Spring of ways in which law is being produced and used of 2013 at the University of Cambridge to explore these across jurisdictions, scales of governance and social themes and expect to produce an edited volume of contexts today. ‘Global Law in Context’ would explore essays that will serve as a critical introduction to different the plurality of legal concepts and systems that co-exist/ ways of thinking about, describing and designing conflict across national boundaries and epistemological international law. traditions. The subjects explored would be placed within a broader historical and political context, and offer the Global Law in Context perspectives of scholars from outside the global north. Organized by Henrique Carvalho (Brazil), Luis Eslava (Australia), Vanja Hamzic (Bosnia & Herzegovina), This book will take two years to complete. The editors Vidya Kumar (Canada), Yoriko Otomo (Australia), hope to begin drafting the introduction at a working Oishick Sricar (India) group session at the end of 2012. Following a more The aim of this project is to provide an introductory detailed scoping of the project they would extend a call textbook with the underlying theme, ‘Global Law in for contributions to other IGLP Workshop alumni. Context.’ The book would be targeted to law students around the world and would offer fresh and under- Locating Nature: Making and Unmaking explored perspectives on global law, as they relate to International Law the core law subjects (property, contracts, administrative Organized by Usha Natarajan (Australia), Sergio Latorre (Colombia) and Vanessa Ruegger (Switzerland) This project brings together alternative and critical viewpoints to publish a collective work on the relationship between international law and the environment. Environmental change and resource scarcity have emerged as existential threats in recent years. While international lawyers have focused on disciplinary solutions to the challenge of ecological change, less attention is given to the role of international law in creating scarcity and unsustainability. Environmental issues are usually relegated to the disciplinary periphery, as part of the specialized and embryonic field of international environmental law. This project explores instead how understandings of nature shaped seminal international law concepts. In this sense, the environment remains a determinative factor in shaping the nature of international law, and assumptions about nature lie at the heart of disciplinary concepts such as sovereignty, development, property and human rights. The organizers share an Vanja Hamzic at IGLP: The Workshop in June 2012. intuition that understanding and unpacking assumptions

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Travel Grants The Institute for Global Law and Policy provides modest research and travel support to a small number of scholars conducting research in areas closely related to the IGLP’s ongoing work. Applications are open to current Harvard Law School students and alumni of IGLP: The Workshop. We award small research and travel grants to students working on serious research and writing projects related to our core activities and projects. We hope to encourage more students to focus on the life of the mind, on interdisciplinary reading, and on developing the intellectual background to understand and contribute to critical analyses of global law and social justice. The IGLP supports original, provocative and challenging intellectual Preference is given to current doctoral students. Travel work that might not otherwise find support from mainstream institutional resources. grants are limited to students who have been invited to present their scholarly work at academic conferences. about nature will help us think our way out of destructive Travel grants are not available to students who have development patterns. received other funding from Harvard Law School for the same trip. Generally, Institute support does not exceed Rethinking Political Economy $500 toward the cost of travel for conferences in the US Organized by Jason Jackson (USA) and Anush and $1,000 for conferences outside the United States. Kapadia (USA) This project seeks to address the narrow nature of the academic and policy discourse around the socioeconomic and governance challenges we face, perhaps best epitomized by the financial crisis, but also in long-standing debates on economic development and global governance.

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

Namita Wahi (right), IGLP Travel Grant recipient, participating in a Through a series of workshops and conferences, the discussion at IGLP: The Workshop in June 2012. organizers seek to create a space where young scholars from across different disciplines who share similar views can come together to work collaboratively on issues of political economy, and collaborate on scholarly writing for publication.

8 Research Agenda and History as important as transforming the institutions that sustain the operations of that economy. Founded in 2009, The Institute is an international collaborative project to foster research and policy dialog Our Research Missions about the structure and potential for global governance All of our academic programming is designed to support and international law affecting pressing issues of global our research agenda, starting with our signature June regulation and policy. We are particularly focused on IGLP Workshop for young scholars, which focuses on the relationship between the transnational regulatory opportunities to build collaborative teams to deepen their environment and the potential for sound economic thinking through multi‐year participation in our various development. The Institute aims to foster innovative streams, pro‐seminars and advanced workshops. At the approaches to global policy and political economy, and same time, we are continuing our history of sponsoring new thinking about international legal and institutional important transnational dialog. In August 2011, for arrangements, with particular emphasis on ideas and example, we co-sponsored a major public discussion issues of importance to the global South. Much about how in Bangkok Thailand about the place of a rising Asia in we are governed at the global level remains a mystery. the political economy of the world. The event brought Scholars at the Institute are working to understand and current and former political leaders from Europe, Latin map the levers of political, economic and legal authority America, Africa, the United States and Asia into dialog in the world today. with academics and researchers from our global network. In this spirit, we have brought leading figures from the foreign affairs establishment in Moscow to Harvard for an intensive discussion of “Putin’s Russia in International Affairs,” and have hosted scholars from across the Americas interested in rethinking Latin America’s position in global legal and political culture. In collaboration with the German Foreign Ministry, we sponsored a series of critical reflections on global governance in workshops held in Germany, at Harvard and in Mexico. We worked closely with ASEAN to support their candidate for appointment as Secretary General of the United Nations. We helped to support efforts by Professor David Kennedy, founder and Faculty Director of the IGLP. an important regional government in the Middle East to improve its ability to tackle governance issues in ways At IGLP, we are convinced that governance is not only distinct from the demands and one‐size‐fits‐all programs rules, institutions and procedures. It is also ideas that of the international financial institutions and foreign aid matter. If for a generation everyone thinks an “economy” agencies. is an input‐output mechanism to be managed, and then suddenly everyone thinks an economy is a market for We have also regularly convened international research allocating resources to their most efficient use in the teams for an on‐site investigation of policy directions shadow of a price system, a great deal has changed. and experience, through site visits and discussions with That is also governance. The transformation of ideas policy makers, often followed by an academic conference about what an “economy” is, whether it is national or reflecting a first cut on the findings of the research inquiry. global, autonomous or institutionally embedded, can be In 2008, we convened law and development specialists

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

from more than ten countries in Bogota, Colombia for a legislation with the Library of the National Congress series of workshops and research trips, co‐sponsored in Santiago, Chile. Participants included development with the University of Los Andes (Bogota). We explored and comparative law specialists from almost a dozen national development plans and lending strategies at countries in North and South America, Europe and the the Central Bank – as well as the Constitutional Court – Middle East. We have also cosponsored a workshop and investigated, for comparative purposes, the coffee on “globalization and development” in Moscow, Russia, growing and flower growing industries. Thereafter, IGLP which brought experts from Brazil, the United Kingdom, Director David Kennedy chaired a conference on New Austria, and the United States to meet with senior Perspectives in Law and Development at the University colleagues in Moscow for discussion. In August of of Los Andes. The research team came from across 2012, we convened a research mission and workshop Latin America, South Africa, Europe, Egypt, Syria and in Bangkok focused on new financial services regulation the United States. We sponsored a similar research and development strategies in the emerging markets of initiative in 2007 in Sao Paulo and Rio de Janeiro, Brazil. the ASEAN region. In July 2013, we will convene a group The research mission focused on innovative initiatives of 10 scholars in Brazil for meetings and discussions implemented in Brazil by public and private institutions with key Brazilian policymakers and legal scholars about from “participatory budget” projects, the “bolsa escola”, the emerging law and development debate in Brazil and negotiated land‐reform, the HIV/AIDS program, the Novo how it relates to global trends in the field. Mercado at the São Paulo Stock Exchange, the favela disarmament campaign, as well as the development Our Current Research Projects contributions made by industrial leaders such as Research now underway at the Institute includes a Embraer Airlines and Petrobras. In 2006, we sponsored number of multi‐year projects spearheaded by our a workshop and conference on the use of foreign law in affiliated faculty. These projects provide a focal point

10 Research Agenda and History at Harvard Law School for new thinking in the fields of IGLP co-sponsored a two-day conference on The History comparative law, global governance and international of Capitalism in November, 2011. During the 2012-2013 law. Our current on-going research projects include: academic year, we will co-sponsor a graduate student- faculty research seminar on Financial Capitalism will Rethinking the Legal Structure of Liquidity and the focus on the structures of finance and money, with an Nature of Money in the Global Economy. eye towards the financial crisis. This project, organized by Christine Desan of our Advisory Council, focuses on the lessons of heterodox Program on Global Financial Regulation and institutionalist traditions in both economic and legal This project is organized in collaboration with our leading science for understanding global political economy in sponsor Visa International. This initiative will focus on the aftermath of the crisis. We are particularly interested three topics: Liquidity in the global economy, including in the relationships among private law, private ordering, foundational research on the nature of global liquidity national regulation and opportunities for multilateral and capital as legal institutions; Financial inclusion governance or coordination. We are exploring the and banking services for the “unbanked” as an aspect significance of disarticulation and intended inefficiencies of development policy; Structuring financial services in in global systems in avoiding systemic risk – when emerging markets and alternative paths to economic introduced both within the transnational governance development. Through a series of sponsored student of private financial institutions and through regulation. and faculty research projects and public academic and Our Project on Capital Dynamics focuses on the legal policy discussions, we seek to develop a transnational structure of money, credit and financial liquidity. It research network of young scholars and IGLP faculty considers capital dynamics as a matter engineered working on research themes related to global financial over time by different government, non‐governmental regulation. The initiative’s inaugural event was a policy organizations and private actors, paying particular workshop that took place at Harvard Law School on attention to the ways in which capital dynamics cross March 30, 2012. The event brought scholars from the borders, studying the domestic and global dimensions IGLP network into sustained conversation with high- of capital dynamics in tandem. As part of this project, the level government officials and industry representatives.

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

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

Expertise and Governance This project is an inter-faculty initiative on organized by IGLP Director David Kennedy and Sheila Jasanoff of the Kennedy School. A reading group met several times during the year for discussion on themes related to expertise with a view to enlarging our conceptual horizons and influencing our teaching. Questions we hoped to address include the following: Who are experts, whom do they represent, what are the sources of their authority, and how can expertise be held accountable? What kinds of institutions employ expertise, and what are Workshop alum Karolina Zurek served as a Docent in the 2012 Work- the organizational characteristics of such institutions? shop. How does the growing global reliance on experts affect the quality, effectiveness, and accountability of public policy and governance? Through readings and/or presentations from several fields—including law, anthropology, history, sociology, and science and technology studies—we will consider how expertise is defined, constituted, challenged, defended, or defeated in contemporary societies.

Global Geneology of Family Laws The rise of colonialism, capitalism, liberalism, modernity and nationalism across much of the world was strongly inflected by the idea that legal and social life divides naturally into two opposite orders – the market and the family. The idea was that the market was or should be governed by contract law that would ideally be uniform across the world and that would enable contracts giving effect to the will of the parties; while the family was or should be governed by family law that gave effect to the spirit of each national people and that enforced interpersonal duties. The idea is so pervasive that it seems inevitable that commercial law will be uniform and western everywhere and that family life, gender and sexuality will be local and “different.” It also is so Scholars at the Institute are working to understand and map the levers structural that it helps to explain how political economy of political, economic and legal authority in the world today. Above, Hani Sayed (American University in Cairo) participating in a discussion on imagines itself to encompass everything crucial about the Future of Progressive Politics at IGLP: The Workshop. global governance while chronically “forgetting” the

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Professor David Kennedy and Academic Council member Joseph Stiglitz at the Regulation after the Crisis conference at Peking University in Beijing, October 29-30, 2009. family, gender and sexuality. This IGLP project, led focused on the contemporary state of social democratic by HLS professor Janet Halley, seeks to compare the politics and the potential for a progressive global agenda spread of this idea and its various implementations for the 21st century. across the world, both in the formation of colonial relations and in the breakdown of the colonial system. Law and the New Developmental State We believe that by understanding it genealogically and Law and the New Developmental State is a collaborative comparatively, we can better pry away the glue fixing us faculty project led by IGLP Advisory Council Member to it even today. David Trubek, that seeks to examine the modern revival of the developmental state. Although state The Next Left – The Challenges and Opportunities activism came under attack in the hey-day of neo- for Social Democratic Politics in a Global Economy liberalism, today states in many developing countries This project, which we are co-sponsoring with Dr. Alfred are once again actively promoting economic growth Gusenbauer of our Honorary Council, encourages and social development. These initiatives build on dialog among those rethinking the politics of the left prior experiences but often take new forms as states after globalization in various regions of the world, with cope with the challenges of growth under conditions of a particular emphasis on the dynamics within Europe globalization. This new state activism tends to be more and between Europe and Latin America. The IGLP export oriented, more concerned with competiveness convened two meetings of the group in the past year and innovation, and more aware of the need for incomes – a small roundtable discussion in October on The policy. These “new” developmental states prefer to Next Left: Globalised Social Democracy in the North support and partner with the private sector rather than and South and a two day Workshop in April at Harvard supplant it. Such changes in state policy and practice on “The Next Left: Building New Communities” which have an impact on the legal order. They may make new

13 Research Agenda and History

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

Assessing Foreign Corrupt Practices Act uses of existing legal tools, deploy different enforcement This project examines the current structure and efficacy practices, and create the need for new laws and new of the anti‐corruption legislation passed in more than forms of governance. This project, co-sponsored with 30 countries since the US Foreign Corrupt Practices the network on Law and the New Developmental Act of 1977. We are investigating the relationships State (LANDS) explores relations between the legal among the network of statutory and treaty obligations, order and new state policies in Brazil, Mexico, Colombia the emergence of a transnational practice of private and Venezuela. As part of this initiative, the IGLP will sector compliance and due diligence, and the growth co-sponsor a seminar and research mission to Brazil in of criminal enforcement efforts in the last several years, July 2013 to explore the emerging forms of new state particularly in the United States. In September 2011 activism in Brazil and elsewhere, examine the theoretical IGLP Director David Kennedy and Dan Danielsen of work in political economy that has accompanied these our Academic Council published a report entitled Busting turns in state policy, learn about the practice behind Bribery: Sustaining the Global Momentum of the Foreign the “Brazilian policy-making factory”, the issues these Corrupt Practices Act that examines the current efforts in developments have for the law and for the economy, and Washington, D.C., to amend the FCPA. see how the emerging law and development debate in Brazil relates to global trends in the field.

14 Staff and Affiliates Global Governance and a member of the Asian Peace and Reconciliation Council. David Kennedy David Kennedy, Faculty Director of the Institute, is At Harvard, he served as Chair of the Graduate Professor of Law at Harvard Law School. He teaches Committee and Faculty Director of International Legal international law, international economic policy, legal Studies. He founded the European Law Research theory, law and development and European law. He Center at Harvard in 1991 and served continuously as joined the Harvard Law faculty in 1981 after teaching Faculty Director. He has advised a number of educational in Germany. He holds a Ph.D. from the Fletcher School institutions on their academic programs, and lectured at Tufts University and a J.D. from Harvard. He is the as a Visiting Professor at numerous universities across author of numerous articles on international law and the world. In 2008-2009, he served as Vice President global governance. His research uses interdisciplinary for International Affairs, University Professor of Law materials from sociology and social theory, economics and David and Marianna Fisher University Professor of and history to explore issues of global governance, International Relations at Brown University. development policy and the nature of professional expertise. He has been particularly committed to Neal O’Connor developing new voices from the third world and among Neal O’Connor joined European Law Research Center women in international affairs. in 2003. In 2010, with the launch of the new Institute for Global Law and Policy, Neal was appointed Program Manager, and in 2012 he became Administrative Director. He oversees the organizational and administrative functions for the Institute. Neal received a degree in history from Harvard University.

Judi Silverman Judi Silverman joined the Institute in 2011. She contributes in diverse capacities to realize the Institute’s ambitious goals. Judi received an M.F.A. in poetry from the University of Iowa and a B.A. from Barnard College. Professor David Kennedy lecturing at Harvard Law School. Melinda Peterson Professor Kennedy also has extensive experience Melinda Peterson joined the Institute in September of as a practicing lawyer, having worked on numerous 2012. Melinda received a B.A. in Legal Studies and international projects, both commercial and public, Criminal Justice from the University of Massachusetts, including work with the United Nations, the Commission Amherst. of the European Union, and with the private firm of Clearly, Gottlieb, Steen and Hamilton in Brussels, Abigail Nasshan where his work combined European antitrust litigation, Abigail Nasshan has a B.A. in Government and Global government relations advising and general corporate South Development Studies from Smith College. She law and with PricewaterhouseCoopers. A member of specializes in using social media and web development the Council on Foreign Relations, he is past Chair of the to enhance nonprofit organizations. World Economic Forum’s Global Advisory Council on

15 Working Formats Staff and Affiliates

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

Harvard Law School Faculty Contributors The Institute also draws on the expertise and experience of a wide range of Harvard Law School faculty. Numerous faculty members have mentored our Visiting Researchers over the years. Professors David Barron, Janet Halley, Allen Ferrell, Elizabeth Bartholet, Martha Field, Terry Fisher, and Mark David Kennedy and Miguel Maduro at the European Legal Project: New Approaches seminar at Harvard Law School. Ramseyer have participated in our Spanish training programs co-organized with the Garrigues law firm. In 2012 the Institute is pleased to welcome two Institute Professors Lucian Bebchuck, Reinier Kraakman, Fellows: Robert Clark, Guhan Subramanian, Allen Ferrell, Howell Jackson and Alan Dershowitz have all been Zinaida Miller is a doctoral candidate in International participants in our conferences on corporate law and Relations at The Fletcher School, Tufts University. Her regulation, while Professor Einer Elhauge has joined dissertation analyzes international intervention and our annual conference on European and American the construction of the ‘international community’ by antitrust enforcement for several years. Professor examining the framing and institutional design of, as well Christine Desan contributes regularly to our program on as resistance to, international activity from the League the history of capitalism and the global economy, while of Nations until the contemporary era. Her research Professor Duncan Kennedy is a regular participant in interests include critical examinations of transitional our work on comparative law, globalization and social justice, international intervention, human rights, and the theory. We have long supported Professor Halley’s work politics of humanitarian aid. Her publications include in the fields of comparative family law, social theory and Effects of Invisibility: In Search of the ‘Economic’ in the feminist legacies of global governance. Each year, Transitional Justice (International Journal of Transitional we endeavor to work closely with faculty who have Justice, 2008). She holds a B.A. from Brown University, compatible projects concerning global law and policy. a Masters in Law and Diplomacy from The Fletcher Professor Gerald Frug’s work on international local School, and a J.D. from Harvard Law School. government law has sparked a number of events, and we have supported his comparative research on the Lisa Kelly is a doctoral (S.J.D.) candidate at Harvard city as a legal concept. We have provided assistance to Law School where her research focuses on family law, clinical projects in Africa developed by Professor Lucie education law, and law and sexuality. Her doctoral White in the fields of global health policy and human dissertation analyzes the legal regulation of the child at rights. We have hosted a series of workshops with school and the law and politics of universal schooling. Professor Roberto Unger, Professors Detlev Vagts, Lisa is a Trudeau Scholar, a Frank Knox Memorial Harry Martin and Peter Murray. We work closely with Fellow, and a Doctoral Fellow of the Social Sciences and the graduate program at the law school, encouraging Humanities Research Council of Canada. She holds a interactions among doctoral students and their faculty B.A. from the University of British Columbia, a J.D. from colleagues, and are grateful for Professor William the University of Toronto, Faculty of Law, and an LL.M. Alford’s ongoing engagement and support.

16 Honorary, Advisory, and Academic Councils

Honorary Council Fernando Henrigue Cardoso Dr. Alfred Gusenbauer Former President of Brazil Former Chancellor of Austria

H.M. Juan Carlos I Ricardo Lagos Escobar King of Spain, as Honorary President of the Former President of Chile Real Colegio Complutense Mark Malloch-Brown Madrid, Spain Former UN Deputy Secretary General, Gil Carlos and Former Minister of State in the Former President of the Court of Justice of the British Foreign Office European Communities Jacques Santer Luxembourg Former Member of the European Parliament; Jacques Delors former President of the Commission of the Former President of the Commission of the European Communities, Brussels, Belgium; European Communities former Prime Minister of the Brussels, Belgium Grand Duchy of Luxembourg

Claus-Dieter Ehlermann Surakiart Sathirathai European University Institute, Fiesole, Italy; Former Foreign Minister and former member of the Appellate Body Deputy Prime Minister of Thailand World Trade Organization Geneva, Switzerland

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

17 Honorary, Advisory, and Academic Councils

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

Advisory Council Carlos Andradas Heranz Jorge Esquirol Universidad Complutense de Madrid Florida International University Madrid, Spain Miami, Florida

Jose Maria Beneyto Gerald Frug Gómez-Acebo & Pombo Harvard Law School Madrid, Spain Cambridge, Massachusetts

Daniela Caruso Antonio Garrigues Walker Boston University J&A Garrigues, S.L. Boston Massachusetts Madrid, Spain

Matthew Craven Janet Halley School of Oriental and African Studies Harvard Law School University of London Cambridge, Massachusetts London, United Kingdom Duncan Kennedy Christine Desan Harvard Law School Harvard Law School Cambridge, Massachusetts Cambridge, Massachusetts Martti Koskenniemi Karen Engle University of Helsinki University of Texas Helsinki, Finland Austin, Texas

18 Honorary, Advisory, and Academic Councils

Salvador Medina Chao Ciudad Grupo Santander Madrid, Spain

Kerry Rittich University of Toronto Toronto, Canada

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

Joseph Stiglitz Academic Council member Romano Subiotto participating in the Columbia University European Legal Project: New Approaches seminar in April 2012. New York, New York Yishai Blank Romano Subiotto Faculty of Law, Tel Aviv University Cleary, Gottlieb, Steen & Hamilton Tel Aviv, Israel Brussels, Belgium Hilary Charlesworth Roberto Unger The Australian National University Harvard Law School Canberra, Australia Cambridge, Massachusetts B.S. Chimni Jawaharlal Nehru University New Delhi, India Academic Council Gianmaria Ajani Dan Danielsen University of Turin Northeastern University Law School Turin Italy Boston, Massachusetts

Philip Allott Dennis Davis Trinity College; Cambridge University High Court of Cape Town Cambridge, England South Africa

Helena Alviar James Der Derian Universidad de Los Andes Brown University Bogotá, Colombia Providence, Rhode Island

Dr. Günter Frankenberg Johann-Wolfgang-Goethe-University Frankfurt, Germany

Eduardo Garcia de Enterria Complutense University Madrid, Spain

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

19 Honorary, Advisory, and Academic Councils

Christophe Jamin Pratap Bhanu Mehta Sciences Po Law School Centre for Policy Research Paris, France New Delhi, India

Emmanuelle Jouannet Philippe Sands Director of CEDIN, University of Paris University College London Paris, France London, United Kingdom

Sorajak Kasemsuvan Calixto Salomao Filho Chulalongkorn University University of Sao Paulo Bangkok,Thailand Sao Paulo, Brazil

Kishore Mahbubani Amr Shalakany Lee Kuan Yew School of Public Policy The American University in Cairo National University of Singapore Cairo, Egypt Republic of Singapore Gunther Teubner Susan Marks Johann-Wolfgang-Goethe-University London School of Economics Frankfurt, Germany London, United Kingdom

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

20 Honorary, Advisory, and Academic Councils

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

Chantal Thomas Michel Waelbroeck Cornell University University of Brussels Ithaca, New York Brussels, Belgium

David Trubek Robert Wai University of Wisconsin-Madison York University Madison, Wisconsin Toronto, Canada

Jean-Francois Verstrynge Mikhail Xifaras Honorary Director General Science Po Commission of the European Communities Paris, France Brussels, Belgium

21 The Network

The Institute publishes Network News on its website The Institute for Global Law and Policy encourages as a resource for up-to-date information about new academic collaboration and progressive research to ideas in the field of global governance. It highlights nurture alternative ideas about international law, society, developments for the IGLP, its partner institutions, and and political economy. Over the last few years, we have the global governance field as a whole. developed a large global network of scholars and policy makers who share our belief that ideas matter, and who The Institute promotes the development of new ideas in share our commitment to new voices and viewpoints all forms, including new books and academic papers. We for thinking about global governance, social justice encourage our partners, friends and colleagues to share and economic policy. Our common goal is to better new books and papers that they feel will help advance understand how power is exercised in the world today, progressive and alternative ideas about international law, and how original and critical thinking can transform the society, and political economy. The Institute announces ways in which policy experts, intellectual leaders and publications and publishes working papers, articles, and citizens understand our common global situation. interviews in New Thinking New Writing on its website. Highlights from 2011-2012 include: The Institute’s activities are designed to strengthen that network and to assist all those who share our critical • Interviews with IGLP Core Faculty Member and impulse and concern about the ideas that govern Professor Jorge Esquirol about renewing Latin our world to share new ideas, events, research, and American Legal Studies, and with Harvard Law School experiences with others in the field. Our website and Professor Janet Halley, conducted by Harvard Law events are designed to be a haven of collaboration School SJD Candidate Lisa Kelly about Halley’s new and sharing, all with the purpose of advancing global article “What is Family Law?: A Genealogy” governance thinking and ideas.

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

22 The Network

Participants at IGLP: The Workshop in June 2012.

• Working papers by Harvard Law School SJD Parfitt, Michelle Burgis, Usha Natarajan, Umut Özsu, candidate Damjan Kukovec, and by IGLP contributors and Surya Deva, and IGLP Visiting Scholar Luise Yiannis Z. Drossos, Ayça Çubukçu, and Justin Druke. Desautels-Stein • Announcements of fellowships, open job positions, • Announcements of publications by IGLP Director calls for papers, conferences, and events organized by David Kennedy, IGLP Alumni Michael Fakhri, Rose our alumni and friends.

23 The Network

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

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

25 Program Partners and Sponsors

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

Leading Sponsors The Qatar Foundation The Qatar Foundation was established with a mission to lead human, social, and economic development of Qatar, through education and research; making Qatar a vanguard for productive change in the region and a role model for the broader international community. As part of its flagship project, Hamad bin Khalifa University, the Foundation is seeking to establish a global law school and research center in Doha, with a mission to become a leader in new thinking about law and governance and to revitalize Arab law and governance traditions. An integral part of its law school project is to contribute to higher education worldwide by convening a global network of young scholars of law and governance, and to place young scholars and aspiring leaders from the region in dialog with global peers. The Foundation aims to extend its global outreach by supporting institutions that share its belief in the values of global dialogue and research, in a way that help the Foundation fulfill its mission. The Foundation now seeks to support the capacity of the IGLP to develop projects and pursue research of interest to the global community and the region. The Qatar Foundation is the host and lead sponsor of our intensive Workshop held in January in Doha.

Santander Universities and Sovereign Bank Santander Universities and Sovereign Bank joined the Institute as a Leading Sponsor in 2010. Santander Universities, whose activities through local affiliates such as Sovereign Bank, was created by Banco Santander on the conviction that the best way of contributing to growth and economic and social process is by backing the higher education and research system. Banco Santander’s commitment to progress finds its expression in the Santander Universities Global Division, whose activities form the backbone of the bank’s social action and enable it to maintain a stable alliance with the academic world in Latin America, China, USA, Spain, Morocco, Portugal, United Kingdom, and Russia. Santander Universities Global Division, a team of more than 1,900 professionals distributed across 14 countries, coordinates and manages Banco Santander’s commitment to higher education. Between 1996 and 2008, Banco Santander channeled €600 million into sponsorship of academic, research and technological projects in support of higher education. There are now 800 academic institutions receiving support from Banco Santander for the development of academics initiatives including Harvard University and The Institute for Global Law and Policy. Santander Universities is the lead sponsor of our June intensive workshops and Pro-Seminars at Harvard.

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

26 Visa International Visa is a global payments technology company that connects consumers, businesses, banks and governments in more than 200 countries and territories, enabling them to use digital currency instead of cash and checks. Visa has built one of the world’s most advanced processing networks. It’s capable of handling more than 20,000 transactions per second, with reliability, convenience and security, including fraud protection for consumers and guaranteed payment for merchants. Visa does not issue cards, extend credit or set rates and fees for consumers. Visa’s innovations, however, enable its bank customers to offer consumers more choices: Pay now with debit, ahead of time with prepaid or later with credit products. In fact, approximately 70 percent of Visa payment transactions in the United States are debit and prepaid, not credit. Governments here and abroad have switched to digital currency instead of checks for benefits payments and purchasing in order to increase efficiency and lower costs, saving taxpayers money. From the world’s major cities to remote areas without banks, people are increasingly relying on digital currency along with mobile technology to use their money any time, make purchases online, transfer funds across borders and access basic financial services. All of which makes their lives easier and grows economies. Visa International is the lead sponsor of our Program on Global Financial Regulation.

J&A Garrigues, S.L.P. Founded in 1941, J&A Garrigues, S.L.P. is one of the longest established law firms in Spain. During the second half of the twentieth century, J&A Garrigues was a central pillar of the Spanish legal profession and was routinely consulted on all key reforms to Spanish law, particularly during the country’s transition to democracy. Playing key roles in the development of the country and its laws ensured that Garrigues became one of the most knowledgeable and respected law firms in Spain. More information about Garrigues can be found on their website at www.garrigues. com.

Friends of the Institute Cleary, Gottlieb, Steen & Hamilton A leading international law firm with 12 offices located in major financial centers around the world, Cleary Gottlieb Steen & Hamilton LLP has helped shape the globalization of the legal profession for more than 60 years. Their worldwide practice has a proven track record for innovation and providing work of the highest quality to meet the needs of our domestic and international clients. In recognition of the firm’s strong global practice, its effectiveness in dealing with the different business cultures of the countries in which it operates, and its success in multiple jurisdictions, Cleary Gottlieb received Chambers & Partners’ inaugural International Law Firm of the Year award. To obtain more information, visit their website at www.cgsh.com, or contact the New York City’s office at One Liberty Plaza, New York, NY 10006-1470. (Telephone: 212-225-2000, Fax: 212-225-3999)

27 Program Partners and Sponsors

Funding & Support Policies The IGLP is a collaborative faculty effort to nurture To that end, we do not accept grants that limit our ability innovative approaches to global policy in the face of a to carry out research in the way we see fit – free of legal and institutional architecture manifestly ill-equipped outside influence and consistent with our organizational to address our most urgent global challenges. The IGLP mission and values. We do not undertake research or builds on almost 20 years experience at the European accept funds at the request of outside organizations Law Research Center (ELRC) at Harvard, which was unless it is consistent with our existing research agenda, founded by IGLP Director David Kennedy in 1991. mission, and overall philosophy. We are transparent about our funding sources, announcing the receipt of Over the past two decades the ELRC/IGLP has received funds through our normal communication channels. financial support from foundations, corporations, private donors, international organizations, and government All corporate donors agree to give their funds as entities. These relationships are vital to the pursuit of our unrestricted gifts, for which there is no contractual ambitious educational and public interest goals. We are agreement and no promised products, results, or committed to autonomy in our research and transparency deliverables. We have experimented with different in our relationships. These traits are essential to our arrangements at times in the past and have come to continued credibility and success as an institution. Our believe that this is the most productive approach for both funding model is possible due to the robust, strict, and the Institute and our donors. clear policies that govern our association with donors and preserve the Institute’s intellectual independence. Foundations, international organizations, government entities, and other non-private entities may offer Our research and outreach modes depend substantially unrestricted gifts, but in most cases they are required on being able to convene and engage parties that span to offer grant funding for sponsored research. The terms the spectrum of viewpoints, and for our research results of these grants are set forth in contracts negotiated to have impact, our work must not only be intellectually between the donor and Harvard’s Office of Sponsored rigorous, but also fair and impartial. Programs and include specific parameters such as budget guidelines, timelines, and deliverables.

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

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

28 Visitors Program poverty law in Toronto and San Francisco and also has extensive experience in community organizations and Visiting Researchers social movements. Josep M. Altarriba (Spain) is a marketing professor at Olga Frishman (Israel) is a the University of Barcelona. PhD candidate in the direct Between 2005 and 2009 he program towards a PhD in directed the Spokesperson’s Law at Tel-Aviv University, Office of the Government Faculty of Law. Her research of Andorra. He holds a SJD interests focus on the affects from the Complutense University of Madrid, as well as a on globalization on national Marketing Degree from the University of Barcelona. His judiciary, organizational field of study focuses on marketing and communication theory, comparative constitutional law and theories of legal aspects. During his stay at the IGLP, Josep will democracy. Prior to pursuing graduate studies, Olga conduct research on the US Supreme Court doctrine on clerked for Justice Asher Grunis at the Israeli Supreme media regulation. Court.

Rafael Caballero Sanchez Yolanda Gamara has (Spain) is an Associate been Professor in Public Professor for Administrative International Law and Law at the Complutense International Relations at University of Madrid. His Zaragoza University (Spain) research interests focus since 2000. She specialises in on energy law, competition European History Integration, and regulated markets, education law and policy, and International Cultural Co- administrative procedure. In 2010 his article “Essential operation: Instruments and Facilities Companies: The Birth of a New Model of Mechanisms, Succession Regulated Companies Put into Market’s Service” was of States, International Monitoring Mechanisms on published in Administrative Law Review (No. 181, pp. Democracy and Human Rights, International Justice, 135-178) Conflict Prevention and Peacekeeping Operations, Use of Force and Defence Policies, American Integration Irina Ceric (Canada) is a Processes, and Theory and History of International Law. PhD Candidate and adjunct She is Member of the Commission for the Evaluation instructor at Osgoode Hall of the Master on Global Security and Defence at the Law School of York University University of Zaragoza. She has been Visiting Fellow at and a Research Associate at The Lauterpacht Centre for International Law, University the Institute for the Study of of Cambridge, February to June 2009, and Visiting Political Economy and Law. Scholar at University of Modena (Italy), from 2001 until Her research interests center on the political economy 2012. She is the main researcher of the Spanish Ministry of law and development, public international law and of Innovation and Science’s Project DER2010-16350 “El critical legal theory. Prior to pursuing graduate studies, pensamiento iusinternacionalista español en el siglo XX. Irina practiced criminal defence, constitutional and Historia del derecho internacional en España, Europa y

29 Visitors Program

América, 1914-1953”. During her time at the IGLP her Luise Druke (Germany) is a research will focus on Global Governance and European part time faculty member at Union. Leibniz University Hannover and Fellow at the Harvard Patricia Lamo de Espinosa Humanitarian Initiative (Spain) is a practicing lawyer (HHI). She is the author and in Spain, who served as co-author of several books the adviser to the Spanish and articles on law and Ombudsman for over 15 policy, specifically as it relates to the the United Nations, years. She has taught UNHCR and the European Union, and has has headed courses on Public and Private UNHCR offices and missions in Europe, South East Asia Agriculture Law for several and Central Asia, Latin America, and Africa. During her years at the Polytechnic University of Madrid where she time at the IGLP her research will focus on her UNHCR earned her Masters in European Union Law as well as book project entitled, “Mobilizing for Refugee Protection – her PhD in Law. Her research focuses on competition Marking the 60th anniversary of UNHCR and of the 1951 and regulated markets, law and policy, as well as food Refugee Convention” Luise earned a PhD in Political and drug law. She is the author of “The Competition Science from Hannover University, a honorary degree in Law on the Agro-food Sector in the European Union and Public International Law from Shumen University, a MA Spain” which was recently published by the Spanish in Public Administration from Harvard University as well Ministry of Agriculture. as an LL.M. from Brussels Free University.

Patricia Lampreave (Spain) Agustín Madrid-Parra, J.D. is an International Tax Lawyer (Spain) is a Full Professor of and a Tax Professor (SJD) at Commercial Law at “Pablo the University Complutense de Olavide” University in (Spain). In addition she Sevilla, where he also served teaches European Tax Policy as Secretary-General from at the Université Libre de 1997-2001 and President Bruxelles (Belgium) and is the of the University from 2003- Official correspondent in Spain 2007. His main research lines of the International Bureau of Fiscal Documentation are financial system law, securities market law, mortgage (The Netherlands). She is the author of several tax market, and electronic commerce law. Since 1992 Prof. law articles, and has participated in many international Madrid has been appointed Spanish Delegate on the conferences and workshops on European Tax Law. United Nation Commission on International Trade Law During her time at IGLP, she will continue research (Working Group on Electronic Commerce), with active focused on her comparative study between US and EU participation in the draft of the UNCITRAL Model Law anti tax- avoidance doctrines, a portion of which was on Electronic Commerce (1996/1998), the UNCITRAL presented as a lecture entitled “Tax Avoidance vs.Tax Model Law on Electronic Signatures (2001), and the Planning, Where is the Path?” in September, 2011. United Nations Convention on the Use of Electronic Communications in International Contracts (2005).

30 Visitors Program

Julia Mas-Guindal (Spain) and its intersection with domestic regulatory processes, is a practicing lawyer as well including climate change policy, as well as issues of as a PhD candidate at the transnational governance. Recently, she was a co- Complutense University in author with other trade scholars in the The Max Planck Madrid (UCM). Her research Commentaries on World Trade Law, vol. 5 “WTO—Trade interests include Bankruptcy, in Goods.” Professor Trujillo is currently Co-Vice Chair Intellectual Property Law, of the International Economic Law Interest Group with Law and Economics and the American Society of International Law. During her Family Law. Julia earned a double degree in Law and time at IGLP, she will be completing a trilogy of articles Business from UCM in 2009, and obtained the Diploma on current trade policy regarding the environment and of Advanced Studies (DEA) in 2011. sustainable development and doing research for a book project on the impact of public/private partnerships in Elizabeth Trujillo is a furthering global economic policy and in changing the Full Professor at Suffolk landscape of regulation. University Law School in Boston. Professor Trujillo has published several law review articles and book chapters on international trade law

31 the workshop’s keynote address, which focused on the future of Thai foreign policy amidst the rising Asia. Asia in the Next Decade Bangkok, Thailand, August, 2011 Panel Discussion on Collateral Knowledge: In August 2011, the IGLP co‐sponsored a policy Legal Reasoning in the Global Financial Markets workshop on Asia in the Next Decade with the Saranrom Harvard Law School, September 15, 2011 Institute of Foreign Affairs at Chulalongkorn University On September 15, 2011, the IGLP and the Tobin in Bangkok, Thailand. The event featured lectures Project co-hosted Cornell University Professor Annelise and panel discussions by scholars and policy experts Riles for a discussion of her new book, Collateral focused on the emerging economies of the ASEAN Knowledge: Legal Reasoning in the Global Financial region and the potential for further growth of the Markets. region in the coming years. Over two days, panelists explored several topics affecting the region including The book explores the uses of collateral in the financial the future of Asia from Asian Perspectives, Threats markets as a regulatory device for stabilizing market and Challenges for Asia, Challenges and Opportunities transactions. How collateral operates is paradigmatic for Business in Asia, and more. IGLP Director David of a class of low-profile, mundane, but indispensable Kennedy participated in a panel discussion on Asia activities and practices that are all too often ignored as we from Global Perspectives alongside IGLP Honorary think about how markets should work and be governed. Council Members Alfred Gusenbauer and Ricardo The book seeks to democratize our understanding of Lagos Escobar. Dr. Surakiart Sathirathai, who is also legal techniques, and demonstrate how these day-to- a member of the IGLP’s Honorary Council, delivered day private actions can be reformed to produce more effective forms of market regulation.

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

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

32 Working Formats Events

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

Guantanamo detainee controversy, and the largest Ermal Frasheri antitrust penalty ever sought by the U.S. government--to S.J.D. candidate, Harvard Law School underscore the problems and solutions facing all players David Kennedy in the global marketplace. Professor of Law, Harvard Law School Michael Kennedy The Next Left: Globalised Social Democracy Director of the Watson Institute for in the North and South International Studies Harvard Law School, October 9, 2011 Brown University On October 9, 2011, the IGLP hosted Dr. Alfred Ricardo Lagos Gusenbauer, Former Chancellor of Austria, for a Former President of Chile meeting related to his research project, “The Next Left: Shunko Rojas Globalised Social Democracy in the North and South.” S.J.D. candidate, Harvard Law School Dr. Gusenbauer’s project seeks to examine the state Ania Skrzypek of social democracy today, and to evaluate the ways Senior Research Fellow for the it could become a driving force for change in the 21st Foundation of European Progressive Studies century. Participants included: Leopold Specht Specht Rechtanwalt GmbH, Vienna, Austria Arnulf Becker Lorca Visiting fellow at the Watson Institute IGLP and Real Colegio Complutense Brown University Business Law Seminar Dan Danielsen Harvard Law School, November 7-10, 2011 Professor of Law The IGLP and its co-founder and leading sponsor, Northeastern University School of Law the Real Colegio Complutense, held our 9th annual Terry Fisher Business Law Seminar at Harvard Law School. This Professor of Law, Harvard Law School year’s seminar, entitled “Transatlantic Views on

33 Events Working Formats

Corporate and Financial Law Issues,” brought together of the IGLP’s Advisory Council and a Partner at Cleary, corporate law faculty at Complutense University in Spain Gottlieb’s Brussels office, convened the seminar. with colleagues at Harvard Law School to share their ongoing work on comparative corporate law issues Expertise and Governance: between US and European law. Interfaculty Reading Group Cambridge, MA, December 5, 2011, February 14, 2012, Complutense University Professor Juan Sánchez- and March 20, 2012 Calero convened the seminar. Presentations by a The IGLP along with the Program on Science, number of researchers, academics, and lawyers Technology and Society at Harvard Kennedy School from Spain were well-received. Presentations also convened a series of three interfaculty meetings focused included Harvard Law School Professors Reinier on the relationship between expertise and governance Kraakman on “The Financial Crisis in Real Estate in the with a view to enlarging conceptual horizons and US and the Efficient Capital Market Hypothesis,” Guhan influencing teaching. The aim was to address the Subramanian on “Deal Process Design in the U.S. following questions: Who are experts, whom do they and Europe,” Einer Elhauge on “Sacrificing Corporate represent, what are the sources of their authority, and Profits in the Public Interest,” and John Coates on “Del how can expertise be held accountable? What kinds Monte: The Interaction of Conflicts of Interest among of institutions employ expertise, and what are the Bankers and Boards.” organizational characteristics of such institutions? How does the growing global reliance on experts affect the Conference: The History of Capitalism quality, effectiveness, and accountability of public policy Harvard Law School, November 18-19, 2011 and governance? Through readings and/or presentations The IGLP and the Program on the Study of Capitalism at from several fields—including law, anthropology, history, Harvard Law School and the Culture of the Market sociology, and science and technology studies— Network hosted a three-day conference on the History participants considered how expertise is defined, of Capitalism. The conference brought together leading constituted, challenged, defended, or defeated in scholars to explore new problems and possibilities in contemporary societies. Sessions included discussing the field. The conference was organized by Professors the Wal-Mart class-action bias case and employment Sven Beckert and Christine Desan and included discrimination law and experts and water governance interdisciplinary panels on “Making Markets,” chaired by Christine Desan, “North America and Global Capitalism,” chaired by Noam Maggor, “Capitalism and Governance,” chaired by Sven Beckert, and “Representing the Market,” chaired by Chris Mckenna.

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

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Janet Halley Royall Professor of Law Harvard Law School Michael Herzfeld Professor of Anthropology; Curator of European Ethnology in the Peabody Museum of Archaeology and Ethnology; Associate of Eliot House Faculty of Arts and Sciences Harvard College Sheila Jasanoff Pforzheimer Professor of Science and Technology Studies; Professor of Environmental Science and Public Policy, John F. Kennedy School of Government Participants at IGLP: The Workshop in June 2012. Andrew Jewett Assistant Professor of History and of Social Studies in Yemen. The reading group was organized by David Faculty of Arts and Sciences, Kennedy (Harvard Law School) and Sheila Jasanoff Harvard College (John F. Kennedy School of Government, Harvard David Kennedy University). Participants included: Manley O. Hudson Professor of Law Harvard Law School Elizabeth Bartholet Duncan Kennedy Morris Wasserstein Public Interest Professor of Law; Carter Professor of General Jurisprudence Director, Child Advocacy Program Harvard Law School Harvard Law School James Kloppenberg Steve Caton Charles Warren Professor of American History; Professor of Contemporary Arab Studies Department Chair of History FAS Department of Anthropology Faculty of Arts and Sciences Harvard College Harvard College Dan Danielsen James McCarthy Professor of Law Professor of Biological Oceanography; Northeastern University School of Law Alexander Agassiz Professor of Biological Terry Fisher Oceanography in the Museum of Wilmer Hale Professor of Intellectual Comparative Zoology; Property Law and Faculty Director Honorary Associate and Former House Master of Berkman Center for Internet and Society Pforzheimer House Harvard Law School Faculty of Arts and Sciences Marjorie Garber Harvard College William R. Kenan, Jr. Professor of English and of Lee Vinsel Visual and Environmental Studies Fellow, Post Doctorate Faculty of Arts and Sciences, Harvard College John F. Kennedy School of Government

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

Chris Winship scholarship has had on their own research and how it Diker-Tishman Professor of Sociology; has shaped their own thinking. Panelists included: Member of the Faculty at the John F. Kennedy School of Government Karen Engle Minerva House Drysdale Regents Chair of Law and Panel: From the Household to the Family: Founder and Co-director of the Legal Genealogies Bernard and Audre Rapoport Center for Harvard Law School, February 23, 2011 Human Rights and Justice Janet Halley, IGLP contributor and Royall Professor University of Texas Law School of Law at Harvard Law School, published the second Duncan Kennedy installment of “What is Family Law?: A Genealogy,” in Carter Professor of General Jurisprudence the Yale Journal of Law & the Humanities. The work Harvard Law School offers a genealogy of domestic relations law (later Teemu Ruskola renamed family law) and how it emerged as a distinct Professor of Law, Emory Law School field in American law in the latter half of the nineteenth Jeannie Suk century. Professor of Law, Harvard Law School Philomila Tsoukala To celebrate the occasion, the IGLP hosted panel Associate Professor of Law discussions about the significance of the article and its Georgetown University Law Center relationship to other pieces in the field. Panelists also Other participants included: reflected on the influence Professor Halley’s overall

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Libby Adler redistribution, and the implications of private titling. IGLP Northeastern University School of Law Director David Kennedy delivered a talk “On Property Aziza Ahmed Rights and Development” as part of the conference’s Northeastern University School of Law keynote panel. The IGLP was pleased to sponsor two David Kennedy young scholars whose papers were selected to be Harvard Law School presented at the conference: Fernanda Nicola American University Washington College of Law Mekonnen Firew Ayano Judith Surkis S.J.D. Candidate, Harvard Law School Columbia University and Barnard College “Constitutional Property Rights in Ethiopia: Chantal Thomas The Old and New ‘State Ownership’ of Land” Cornell Law School Priya S. Gupta Assistant Professor & Assistant Director for the Property Rights and the Human Rights Agenda Centre for Women, Law, and Social Change University of Texas Law School, March 1-2, 2012 Jindal Global University In March 2012 the IGLP, along with the Bernard and “A Systemic and Empirical Critique of Property and Audre Rapoport Center for Human Rights and Justice Housing as Human Rights in India” co-sponsored a two-day conference on Property Rights and the Human Rights Agenda at the University of Texas Workshop: Global Liquidity and Capital School of Law. This multidisciplinary and comparative as Legal Institutions conference explored conflicting trends among different Harvard Law School, March 30, 2012 property regimes, with the aim of uncovering hidden On March 30, 2012 the Institute for Global Law and assumptions, learning from varied experiences, and Policy and Visa International convened a day-long exploring which property regimes might best advance policy roundtable workshop on Global Liquidity and the human rights agenda in each context. Conference Capital as Legal Institutions. This Workshop lauched panels explored topics such as changing conceptions of broad ranging research initiatives to explore the themes property, the role of property rights in dispossession and of liquidity in the global economy, productive financial

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

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services regulatory structures in emerging markets, John Barry and financial inclusion. The aim of this new initiative Head of Government Affairs, APCEMEA; Visa, Inc. is to both strengthen expertise within IGLP’s global Ermal Frasheri network of experts and young scholars, and to help us S.J.D. candidate identify ongoing research projects that advance thinking Harvard Law School about policy alternatives through discussion among David Kennedy scholars, public officials and industry representatives. Manley O. Hudson Professor of Law and The Roundtable brought together a small group of Director, Institute for Global Law & Policy government officials, industry representatives and Harvard Law School scholars for a high-level discussion of the nature of Thaweesak Koanantakool global liquidity and capital as legal institutions, financial President of the National Science and inclusion and the provision of banking services for the Technology Development Agency (NSTDA) and unbanked as an aspect of development policy, and the Professor in the Faculty of Engineering structure of financial services in emerging markets. Prince of Songkla University Presentations included: Bangkok, Thailand Damjan Kukovec Liquidity in the Global Economy and Capital as S.J.D. candidate, Harvard Law School Legal Institutions Helen Lu Christine Desan Associate, Sullivan & Cromwell Professor of Law Richard Lung Harvard Law School Economist, Visa, Inc. Nadav Orian Peer Lawrence Kego Masha S.J.D., Harvard Law School Partner at Ishengoma, Karume Masha & Magai Advocates (IMMMA) Financial Inclusion Dar es Salaam, Tanzania Rashmi Dyal-Chand Professor of Law at the Northeastern University School of Law Shunko Rojas S.J.D. candidate at Harvard Law School IGLP Fellow & consultant, Trade and Investment Unit of the Inter-American Development Bank

Financial Services and Economic Development Dennis Davis Judge of the High Court Cape Town, South Africa Surakiart Sathirathai Former Deputy Prime Minister and Foreign Minister of Thailand John Barry (with David Kennedy, right) of Visa, Inc., participated in the policy workshop on Global Liquidity and Capital as Legal Institutions. Other participants included:

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Annelise Riles The seminar featured panels and round table discussions Jack G. Clarke Professor of Law in by scholars from the EU and US, and a keynote speech, Far East Legal Studies and “Constitutionalism as Pluralism: Europe’s Constitutional Professor of Anthropology, Cornell University Experiment,” by Miguel Maduro, Professor of Law and Kerry Rittich Director of the Global Governance Program at European Professor, Faculty of Law, Women and University Institute in Florence. Panels included: Gender Studies Institute and the School of Public Policy and Governance EU Constitutional Experience in a Global Perspective University of Toronto Gráinne de Búrca The Honorable Nicholas John Sherry Professor of EU Law, NYU Labor Senator of Tasmania, Australia Damian Chalmers Professor of EU Law, LSE Contemporary Trends in EU Regulation Gareth Davies Professor of EU Law VU University Amsterdam Dorota Leczykiewicz Leverhulme Trust Early Career Fellow Oxford University Francesca Bignami Professor of Law George Washington University

Left to right: Dorota Leczykiewicz, Francesca Bignami, Fernanda Greece, the Euro Crisis, and Social Europe Nicola, and Lilian Faulhaber participated in the European Legal Project: Philomila Tsoukala New Approaches seminar. Associate Professor of Law Georgetown University Leopold Specht Yiannis Drossos Specht Rechtanwalt GmbH Professor of Public Law Vienna, Austria Athens University Law School David Trubek Center and Periphery in European Governance Senior Research Fellow Damjan Kukovec Program on the Legal Profession Harvard Law School Harvard Law School; Fernanda Nicola Voss-Bascom Professor of Law Emeritus Associate Professor of Law University of Wisconsin-Madison American University, Washington Vlad Perju Seminar: The European Legal Project: Associate Professor, Boston College New Approaches Commentators: Harvard Law School, April 13, 2012 Ermal Frasheri The IGLP and IEE (CEU San Pablo University) held Harvard Law School a joint seminar, “The European Legal Project: New Umut Özsu Approaches” at Harvard Law School on April 13, 2012. University of Manitoba

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

Michael Fakhri Progressive Studies (FEPS), the Renner University of Oregon Institut, and The Next Left Research Program Matjaz Nahtigal hosted a conference on “The Next Left: Building University of Primorska New Communities.” This event focused on the Lilian Faulhaber contemporary state of social democratic politics and Associate Professor of Law, Boston University the potential for a progressive global agenda for the 21st century. Among those taking part in the discussion Round Table: Culture, History and Markets were Dr. Alfred Gusenbauer, the former Chancellor of David Kennedy Austria, Dr. Ricardo Lagos, the Former President of Professor of Law and Director of the IGLP Chile, and a small delegation of researchers and experts Harvard Law School from across Europe. José María Beneyto Professor of Law and Director of the IEE, CEU The aim of this meeting was to bring a select group San Pablo University of faculty, graduate students and policy makers into a Duncan Kennedy conversation about the impact that the mobilizations of Professor of Law, Harvard Law School the past year have had on the world of politics, and how Anna di Robilant the policies and practices of the left can, and should, Associate Professor of Law, Boston University be changed as a result. In particular, what kinds of policies can express principles of social justice and Conference: The Next Left: build on these mobilizations to realize more progressive Building New Communities communities? What of the potential for left alternatives Harvard Law School, April 12-13, 2012 to the austerity policies in Europe and elsewhere? How The IGLP along with the Foundation for European should the left define the meaning of work in the face

40 Events of rapid transformations in technology and the global The Next Progressive Deal division of labor? What principles would govern this Paolo Guerreri progressive global governance architecture? The event Professor of International Economics was organized by Professor David Kennedy, Director University of Sapienza, Rome, Italy of IGLP, Harvard Law School, Professor Michael Rémi Bazillier Kennedy, Brown University and co-founder of the Next Assistant Professor, Université d’Orlèans Left in its transatlantic dimension, Dr. Ernst Stetter, Cornel Ban FEPS Secretary General, and Mr. Karl Duffek, Director Deputy Director of of Renner Institut. Presentations and discussion topics Development Studies Programme included: Watson Institute, Brown University Oscar Landerretche Next Left: Building New Communities Director de la Escuela de Economía y Alfred Gusenbauer Negocios y académico del Chair of the Next Left Research Program and Departamento de Economía de la former Chancellor of Austria Universidad de Chile David Kennedy Fernanda Nicola Director of IGLP Associate Professor of Law Harvard Law School American University Michael Kennedy Professor, Watson Institute, Brown University Recognizing the Next Left in Dan Danielsen Global Policies and Movements Professor, Northeastern University Law School Sir Roger Liddle Chair of Policy Network

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

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Participants at the Next Left: Building New Communities conference.

Yiannis Drossos Next Left Values in Party and Electoral Politics Professor, Athens Law School Patrick Diamond Michael Kennedy Research Fellow at Nuffield College Oxford and Professor, Watson Institute, Brown University Senior Research Fellow at Policy Network Elizabeth Trujillo Ania Skrzypek IGLP Visiting Scholar and Professor of Law Senior Research Fellow at FEPS Suffolk University Law School Gianpaolo Baiocchi Leopold Specht Associate Professor of International Studies Partner, Specht Rechtsanwalt GmbH Watson Institute, Brown University Moderator: Dr. Ernst Stetter Vivien Schmidt FEPS Secretary General Jean Monnet Professor of European Integration; Director of the Center for International Relations; Recognizing the Next World of Labour Director of the Center for the Study of Europe; Gustav Horn Professor of International Relations Director of Research Institute of Boston University Macroeconomy and conjuncture of the Matthew Browne Hans-Boeckler Foundation Visiting Fellow at American Progress; Dimitris Tsarouhas former director of public affairs in Assistant Professor, Bilkent University APCO Worldwide’s London Office; Jose Itzigsohn former director of Policy Network Associate Professor Department of Sociology Mobilizing the Next Left Across the Worlds of Brown University Parties, Policies, and Movements Juliet Schor Alfred Gusenbauer Professor of Sociology, Boston College Chair of the Next Left Research Program and former Chancellor of Austria

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Ricardo Lagos and the challenges and problems that this type of armed Former President of Chile conflict represents to the traditional public international Michael Kennedy law regime. During the workshop participants discussed Watson Institute, Brown University their writing to prepare the essays for publication. Participants included: Working Group: Pursuing Your Enemies in the South: International Law and the Mohammad Taghi Karoubi War against Crime and Terror University of Tehran, Iran Harvard Law School, June 3-9, 2012 Ahmer Bilal Soofi IGLP contributor Arnulf Becker Lorca convened a Lahore University, Research Society for working group focused on International Law and the War International Law, Pakistan against Crime and Terror. The purpose of the workshop Nsongurua Udombana was to bring together a group of non-European, ‘semi- University of Uyo, Nigeria peripheral’ international lawyers and discuss the legality Alejandro Rodiles of the ‘wars against crime and terror.’ Each participant Humboldt University (Mexico) wrote an essay from his own specific geopolitical Arnulf Becker Lorca standpoint on the use of force against non‐state actors Watson Institute, Brown University

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

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

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

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

Texas, the University of Toronto School of Law and/or Discussion Groups, and participated in the Graduate Division, the Osgoode Hall Law Faculty, 2012 Colloquium. In 2012, IGLP: The Workshop was and the Sciences Po Law School in Paris, all of whom organized around eight Program Streams: generously facilitated the participation of faculty and students in the Workshop. Global Law and Political Economy: Colonialism to Development The 2012 Workshop focused on deepening our Conveners: Matt Craven and Sundhya Pahuja understanding of heterodox traditions for understanding The Corporation in Global Society global political economy. The Workshop is designed to Conveners: Dan Danielsen and Dennis Davis be a progressive experience that builds from one year to Global Science and Technology Studies the next; its overall curriculum focuses on strengthening Convener: Sheila Jasanoff our work in specialized fields, and, more importantly, International Economic Law and Regulations encourage cross-training with faculty and participants Conveners: Andrew Lang, and Robert Wai whose specialty is different from our own. International Legal History Convener: Martti Koskeniemmi To build on the momentum of our first two Workshops, Law and Economic Development in 2012 we launched a new Docent Program, designed Conveners: Kerry Rittich and Chantal Thomas specifically for IGLP Alumni. Scholars appointed as Legal Architecture of Monetary Integration an IGLP Docent assisted with the organization of Conveners: Christine Desan and Roy Kreitner a Workshop Stream, convened Writing Workshops

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Private International Law as Global Governance: As an extension of the core curriculum, also featured a Beyond the Schism, from Closet to Planet regular program of Guest Speakers & Panel Discussions. Conveners: Horatia Muir-Watt and Diego Fernandez Arroyo Our featured speaker series included presentations on:

Exploration of each Workshop Program Stream was led The Future of Progressive Politics by a team of Senior Scholars who are interested in the Helena Alviar intersections between law, economics and global policy. Universidad de los Andes The Streams are designed to promote discussion of Alfred Gusenbauer recent scholarly trends as well as classical texts. Our Former Chancellor of Austria goal was to better understand the history and structure Günter Frankenberg of our contemporary world political and economic Goethe-University system. The Streams sought to map modern money, Mushtaq Khan finance, development, governance, regulation and SOAS, University of London social justice, opening them to contestation and debate. Lucie White Harvard Law School Each afternoon, participants also broke into small Writing Workshops to share their own scholarship and discuss Panel Discussion on Immanuel Kant their own ongoing research. The writing workshops were Mikhail Xifaras organized to promote learning from others working on Sciences Po Law School similar projects as well as cross training with projects Duncan Kennedy quite different from one’s own. The smaller group format Harvard Law School allowed participants to engage on a one-on-one basis Martti Koskenniemi with their peers and specialist faculty members to share University of Helsinki ideas and receive feedback on their work.

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

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Panel Discussion on Self Critique, (Anti)politics In 2012 the IGLP inaugurated a new Colloquium, this Criminalization and the Human Rights Movement year held in advance of the IGLP Workshop, from Dennis Davis May 29-June 2, 2012. The Colloquium, which in 2012 Judge of the High Court focused on the theme of the political economy of the Cape Town, South Africa modern global order, is designed for IGLP Faculty, Karen Engle invited participants, and IGLP Docents. It was organized School of Law, University of Texas at Austin in three components: “mini courses,” reading group Vasuki Nesiah discussions, and roundtable discussions. The 2012 New York University IGLP Colloquium focused on six topics: Nkatha Kabira S.J.D. Candidate, Harvard Law School Capital Dynamics of the Euro Crisis Jeffrey Frankel Panel Discussion on Sovereign Debt Harvard Kennedy School Christine Desan Harvard Law School World Systems/Capital Structures Jeffrey Frankel Professor David Harvey Harvard Kennedy School City University of New York Richard Parker Harvard Kennedy School Post-Colonial and Center-Periphery Structures of Hans-Helmut Kotz World Political Economy Minda de Gunzburg Center for Ritu Birla European Studies at Harvard University University of Toronto Gyan Prakash Princeton University Vasuki Nesiah New York University Pheng Cheah University of California Berkeley

Heterodox Thinking in Development Economics Today Mushtaq Khan SOAS, University of London

Science and Technology Studies Sheila Jasanoff Harvard Kennedy School

Causes and Consequences of Increasing Inequality Peter Skott University of Massachusetts, Amherst

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

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Dan Brinks Associate Professor Department of Government University of Texas Arnulf Becker Lorca Visiting Professor Brown University Matthew Craven Dean of Faculty of Law & Social Sciences, Professor of International Law & Director, Centre for the Study of Colonialism, Empire & International Law, SOAS, University of London Dan Danielsen

Professor Mushtaq Khan led a course on Heterodox Thinking in Professor of Law, Northeastern University Development Economics Today at IGLP: The Colloquium. Diego Fernandez Arroyo Professor of Law, Sciences Po Law School designed for small groups of scholars collaborating Dennis Davis to develop new scholarly writing. Each Pro-Seminar Judge On the High Court of Cape Town, South Africa convened between ten and fourteen active scholars, Günter Frankenberg half selected by invitation, and half by application who Professor of Public Law, Philosophy and Law are all working on a common topic. Each of the Pro- Goethe University Seminars were led by members of the Workshop’s Core Christine Desan Faculty and met in four two-hour private sessions during Professor of Law and Co-Chair the broader Workshop to advance their work toward Program on the Study of Capitalism publication. In 2012 we offered the Pro-Seminar Global Harvard Law School Poverty and Heterodox Development Pathways: Janet Halley Mapping, Method and Critique, which was convened Royall Professor of Law, Harvard Law School by Harvard Law School Professor Lucie White. Two Karen Engle Pro-Seminars held preliminary meetings in preparation Minerva House Drysdale Regents Chair in Law & for the 2013 IGLP Workshop: Globalization of Law and Co-Director, Bernard and Audre Rapoport Center for Legal Thought (1970-Present) and Law, Economic Human Rights & Justice (In)equality, and Global Social Movements. The University of Texas Law School Workshop was directed by IGLP Faculty Director David Sheila Jasanoff Kennedy of Harvard Law School. The Core Faculty for Pforzheimer Professor of the Workshop included: Science & Technology Studies Harvard Kennedy School Professor David Kennedy Roy Kreitner Director of The Institute for Global Law and Policy Professor of Law, Faculty of Law, Tel Aviv University Manley O. Hudson Professor of Law Jorge Esquirol Harvard Law School Professor of Law & Director of International and Helena Alviar Comparative Law Programs Dean of The Faculty of Law, Universidad de los Andes Florida International University

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Sundhya Pahuja Director, Law and Development Research Programme Institute for International Law and the Humanities Melbourne Law School Chantal Thomas Professor of Law, Cornell Law School Robert Wai Professor of Law, Osgoode Hall Law School Mikhail Xifaras Professor of Public Law, Sciences Po Law School & Visiting Professor of Law, Harvard Law School Lucie White Louis A. Horvitz Professor of Law Professor Chris Desan (center) works closely with students in a writing Harvard Law School workshop at IGLP: The Workshop.

Martti Koskenniemi The Workshop was structured as a platform for Professor of International Law and the exchange of ideas on an international scale. Director, Erik Castrén Institute of Conversations and discussions that began in the lecture International Law and Human Rights room often carried over into the dining halls, dorm University of Helsinki rooms, and informal participant created groups. The Kerry Rittich Institute encouraged participants to see the Workshop Associate Professor, Faculty of Law and the as a first step in creating a global community for scholar Women and Gender Studies Institute debate among the next generation of scholars working to University of Toronto innovate on issues of global law and policy. To facilitate Andrew Lang the continuation of this unique global conversation the Senior Lecturer in Law IGLP will launch a grants program for IGLP alumni to London School of Economics build on projects born at the Workshop. Additionally, we Alvaro Santos have encouraged all workshop faculty and participants Associate Professor of Law Georgetown University Horatia Muir-Watt Professor of Law, Sciences Po Law School Hani Sayed Assistant Professor of Law and Member Institute for Gender and Women’s Studies American University in Cairo Vasuki Nesiah Associate Professor of Practice Gallatin School of Individualized Study New York University Leopold Specht Partner, Specht Rechtsanwalt GmbH, Vienna Professor Andrew Lang (left) at IGLP: The Workshop.

48 Events to share their research and writing, their course syllabi, Global Risk Management and information about other events of interest on the presented at the World Economic Forum’s Institute’s website, www.iglp.law.harvard.edu. We Global Risks Meeting hope this page becomes the premier site for scholars New York, NY interested in the latest thinking and newest ideas about April 7, 2011 issues of global policy. International Law and Politics of Expertise Lectures and Presentations by presented at the University of Colorado Law School Professor David Kennedy April 15, 2011 Professor David Kennedy, IGLP Director, participated in a number of conferences and seminars this past year, Global Governance and Economic Development giving lectures or serving as a panelist in many of them. presented at World Economic Forum In 2011‐2012, these included: Tackling Global Challenges through International Law held at the Fletcher School of Law and Diplomacy Spring 2011 April 29, 2011 Panel Discussion on Human Rights, UK Foreign Policy and International Affairs Panel Remarks on Indigenous Rights and on the television program Question Time International, International Law Moderated by BBC presenter Zeinab Badawi, presented at the University of Texas School of Law at the School of Oriental and African Studies May 6, 2011. University of London January 11, 2011 Panel Remarks on Anti Corruption Efforts and the Un Convention Against Corruption Panel Remarks on Confidentiality or Transparency: presented at the International Workshop on the The Wikileaks Dilemma Development of Academic Anti‐Corruption at the Annual Meeting of the World Economic Forum Northeastern University Davos‐Klosters, Switzerland May 23, 2011. January 26, 2011 Some Caution About Property Rights as a Foundations of American Legal Thought Recipe for Economic Development presented at Sciences Po Law School presented at the World Bank Paris, France Washington D.C. February 4‐5, 2011 May 26, 2011

Global Regulation And Governance: Managing International Currency Risk in the What Harvard Law School Is Doing In The Area Euro Zone presented at the Harvard Law School presented at a World Economic Forum at the Association of Germany Center for European Policy Frankfurt, Germany Brussels, Belgium March 26, 2011 June 30, 2011

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

The American Approach To Global Law And Policy Busting Bribery: Sustaining the Global Momentum presented at the Centro de Estudios Garrigues of the Foreign Corrupt Practices Act International Business Law Program remarks on a report prepared for the Madrid, Spain Open Society Institute, Congressional Briefing July, 12, 2011 Washington, DC September 15, 2011 Disaster Recovery: Lessons for Risk Management presented at the Pricewaterhouse Coopers American Legal Thought: A Historical Survey Global Seminar Towards a Future for Japan lectures presented at the Garrigues Law Firm Tokyo, Japan Barcelona and Madrid, Spain July 26, 2011 September 22-23, 2011

Fall 2011 Panel Remarks on Development Strategies for The Rise of Asia…or of Political Economy? Economies in Transition at the session on presented at the conference, Asia in the Next Decade “The Economics of Transition” hosted by the Saranrom Institute of Foreign Affairs presented at the World Economic Forum Foundation and Chulalongkorn University Special Meeting on Economic Growth and Bangkok, Thailand Job Creation in the Arab World August 24, 2011 Dead Sea, Jordan October 23, 2011

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Opening Remarks for the panel Panel Remarks at the Launching of the Design “Insights on the Future of Libya” Exchange Chair’s Forum-Occupied Economies presented at the World Economic Forum presented at the Design Center Special Meeting on Economic Growth and Toronto, Ontario Job Creation in the Arab World November 18, 2011 Dead Sea, Jordan Remarks on Emerging Market Investment at October 23, 2011 Pricewaterhouse Coopers, LLC conference Boston, MA Panel Remarks on Humanitarian Space: December 14, 2011 Less Geography than Strategy and Humanitarian Compromise: A Debate Spring 2012 presented at the 13th annual Humanitarian Congress: Panel Remarks at the Welsh Center for Theory and Praxis of Humanitarian Assistance International Affairs Berlin, Germany presented at the Temple of Peace October 27-28, 2011 Cardiff, United Kingdom January 16, 2012 Global Governance and Political Economy presented as part of the Gallatin Human Rights Panel Discussion at the Contemporary Initiative and the Gallatin Distinguished Faculty International Law Workshop at the Ph.D. Seminar Lecture Series The University of Cambridge New University, New York, NY Lauterpacht Center for International Law November 10, 2011 January 18, 2012

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

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

International Law and the Center-Periphery Dynamic Political Economy & Center-Periphery presented at the International Law and the Dynamics in International Law Periphery Conference presented at the International Graduate Cairo, Egypt Legal Research Conference February 19, 2012 King’s College London April 19, 2012 On Property Rights and Development presented at the University of Texas School of Law International Law and the Political Economy of Conference on Property Rights and the Centers and Peripheries Human Rights Agenda presented at Sciences Po Law School March 1, 2012 Paris, France May 10, 2012 Humanitarianism and Human Rights Borders, Connections, Conflicts presented at the Remarque Institute New York University, New York, NY March 9, 2012

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