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The Dickson Poon School of Law

The Dickson Poon School of LawTransnational Law Institute Research, teaching & collaboration in the global age

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The TLI functions as a catalyst for border-crossing research and teaching collaboration in a wide range of fields, ranging from company law to labour law, from human rights to refugee and immigration law, from legal sociology to transnational criminal law, human rights and transnational commercial arbitration. Encompassing legal fields that are normally associated with public law, transnational law, as endorsed within the TLI, builds bridges between public and private, domestic and international law.

Transforming the landscape Over the course of its first 24 months, the TLI at King’s with its programmes for students, faculty and affiliated researchers in London, the UK and around the world has already gained global recognition for its innovation in research and teaching.

A new and unparalleled LLM degree in Transnational Law introduced modules in both public and private transnational law with a strong emphasis on critical legal thinking and practical training and timely relevance.

The annually held Transnational Law Summer Institute (TLSI London) welcomes advanced doctoral and early-career, post-doctoral scholars and teachers in law and the humanities from around the world for two weeks of conceptual and career-training oriented workshops and seminars. In light of TLSI’s success, plans are underway with institutional partners in South Asia, Africa and Latin America to work towards regional TLSI events in the future.

Throughout the academic year, the TLI hosts the monthly ‘Reading Laboratory’ to discuss new and seminal transnational scholarship, the ‘Transnational Law Colloquium’ where eminent guest speakers present their views at the intersection of law and global governance, and the ‘Methods Lab’ provides an interdisciplinary forum on research and writing methods. In addition, the TLI hosts the ‘Signature Lectures’ by world renowned experts from transnational law, legal practice, anthropology, political economy and sociology.

Collaboration and institution building Collaborating with The Dickson Poon School of Law colleagues, in 2015, the TLI began hosting the ‘King’s Forum on International Dispute Resolution’ and a new LLM Pathway in International Dispute Resolution.

Launched in January 2016, the ‘Practitioners in the Hot Seat’ lecture series features experienced professionals in public international and transnational law to give insights into their work in international organisations.

In September 2016, coinciding with the third year of the Transnational Law LLM, several modules will be cross-listed and jointly offered with one of King’s foremost global institutes – the International Development Institute (IDI). And concurring with the arrival of the new cohort of PhD students at The Dickson Poon School of Law, the Institute will begin co-hosting a year-long legal methods seminar, ‘Law as a Social Science’.

Workshops, lectures, connections The TLI hosts a number of student and faculty-led research groups and, in November 2015, launched the TLI Think! Paper series with the Social Science Research Network. With the TLI Director at its helm as editor-in-chief, the TLI is the home of the renowned law quarterly Transnational Legal Theory, with student teams in both London and Toronto assisting with the journal’s editing and publication.

After a very successful, official TLI launch symposium and the Director’s Inaugural Lecture in April 2016, the TLI hosted an international conference in July, entitled ‘Jessup’s Bold Proposal’, to mark the 60th year of publication of Philip Jessup’s ground-breaking lectures on transnational law at Yale Law School.

Beginning in October 2016, the TLI will host a year-long lecture series dedicated to an in-depth investigation of questions about political participation, democratic governance and economic regulation, as raised by the Brexit vote of June 2016.

Founded in 2014, The Dickson Poon School of Law Transnational Law Institute (TLI) is an interdisciplinary research and teaching centre with a particular focus on transnational and comparative law, legal theory and jurisprudence, collaborative research and legal education.

A hub for interdisciplinary research and teaching across a wide range of legal fields, the TLI is The Dickson Poon School of Law’s flagship for the achievement of its goal to lead and further inspire reform and innovation in legal research, education and professional training. The TLI offers a comprehensive and still growing portfolio of collaborative research, teaching and engagement initiatives and attracts students, scholars and practitioners from around the world.

A platform for thought exchange Since its creation in 2014, the TLI has been offering a meeting place for training, reflection and collaboration among undergraduate, LLM, PhD students and faculty, and welcomes visiting scholars and professors from around the world.

TLI at a glance

TLI... looking inside 2014–16 in numbers

KING’S FORUM ON INTERNATIONAL DISPUTE RESOLUTION EVENTS

16

PLUS WORKSHOPS, ROUNDTABLES, SEMINARS AND MORE...

READING LABS

11TRANSNATIONAL LAW COLLOQUIA

9

METHODS LABS

9TRANSNATIONAL REGULATORY GOVERNANCE RESEARCH GROUP EVENTS

8PRACTITIONERS IN THE HOT SEAT EVENTS

3

NATIONAL SECURITY LAW RESEARCH & POLICY INITIATIVE EVENTS

3TRANSNATIONAL LAW SUMMER INSTITUTES

2SIGNATURE LECTURES

2

TRANSNATIONAL LABOUR LAW LECTURE

1 LONDON ROUNDTABLE ON TRANSNATIONAL PRIVATE LAW

1INTERNATIONAL CONFERENCES

2…plus workshops, roundtables, seminars and more.

Professor Peer Zumbansen Director of The Dickson Poon School of Law Transnational Law Institute

Find out more at: www.kcl.ac.uk/law/tli The Dickson Poon School of Law Transnational Law Institute See the world through different eyes

Helen Bhandari Transnational Law Institute Coordinator

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Educating transnational lawyers

The Transnational Law LLM pathway: innovating legal education In its first year in 2014-15, the Transnational Law LLM was the only pathway of its kind to teach core legal courses from a distinctly transnational perspective. With the globalisation of law at its centre, the pathway prepares graduates for a career in a fast-changing global context, teaching competence to analyse complex legal problems through solid legal doctrine, training in transnational legal cultures, lawyerly practice, legal theory, and law’s global socio-economics.

In year two (2015-16) the pathway offered four full-year modules (Sovereignty: Origins, Legacies & Prospects of a Contested Concept; Human Rights Law: International & Transnational Perspectives; International Law & War; and Law & Society in China), 11 autumn term modules and 10 spring term modules.

For 2016-17, there are a total of 27 modules at the cross-section of public and private, domestic and international law, offering a wide range of modules cross-listed with the International Dispute Resolution, the Financial Law and the EU Law pathways, with the Department of War Studies and the International Development Institute at King’s College London.

Students in the Transnational Law LLM pathway have preferred access to all TLI events and are eligible for membership of the Transnational Legal Theory student editorial board.

Looking forward ETLP (Engaging Transnational Legal Practice) programme Launch of intensive professional practice programme, January 2017

As of 2017, the TLI offers a series of week-long intensive professional practice courses in the context of a new January term programme.

The ETLP (Engaging Transnational Legal Practice) programme will bring to The Dickson Poon School of Law world renowned legal experts in a number of highly topical and practice-relevant areas of legal practice for an in-depth engagement concerning the challenges and strategies that arise from complex cases in transnational litigation and advocacy.

As legal practice is increasingly shaped by the transnational flow of people, goods, services and capital, there is a growing demand among future law graduates for timely and expert-driven training that is both practice-oriented and relevant in the presentation of subject matter, ‘big picture’ analysis and case studies. The ETLP programme is designed to help fill the gap between classroom teaching of doctrinal rules and the unpredictability of legal practice demands.

The inaugural selection of classes will take place in January 2017. ETLP classes meet every weeknight from Monday through Friday and are marked on a pass/fail basis. They are open to all students enrolled in the Transnational Law LLM pathway, with a limited number of places on offer for students in other pathways.

The TLI is home to innovative degree programmes, including the signature Transnational Law LLM and, more recently, the International Dispute Resolution LLM pathway.

Since its creation, the TLI has facilitated training, reflection and collaboration among undergraduate, LLM, and PhD students and staff. Strategically, the TLI recognises the key role played by students and early-career researchers in the achievement of its goals, and there are a range of opportunities for students to become involved in the life of the TLI beyond their studies.

The TLI hosts a number of research groups, a student-led quarterly academic law review, a student-led transnational law and economics reading group, as well as the TLI Think! research paper series in collaboration with the Social Science Research Network. It also welcomes visiting PhD students, scholars and professors from around the world to spend time at the TLI.

What others say ‘ This programme is path-breaking, and it is uniquely designed to enable students to navigate transnational law and transnational law problem solving not only through carefully crafted legal argument, but also by drawing on an informed sense of the context, the hierarchies, and the institutions that make up the transnational. The programme will fortify graduates with both remarkable skills and a deep knowledge behind these skills.’

PROFESSOR BRYANT G GARTH, CHANCELLOR’S PROFESSOR, UNIVERSITY OF CALIFORNIA AT IRVINE

‘ A truly world class programme with a global orientation. Students will benefit enormously from the high quality of the faculty as well as the very broad interdisciplinary focus of the programme.’

PROFESSOR RATNA KAPUR, JINDAL GLOBAL LAW SCHOOL, INDIA/GENEVA SCHOOL OF DIPLOMACY & INTERNATIONAL RELATIONS

‘ The world is changing, and so is legal education. With the rise of a multi-polar international system, information and telecommunication technologies and network societies, students will need new, interdisciplinary skills to become leading practitioners in a transnationalised world. With a stellar faculty and a cutting-edge curriculum, the new Transnational Law LLM at King’s offers precisely this kind of training.’

PROFESSOR CÉSAR RODRÍGUEZ-GARAVITO, DIRECTOR OF THE PROGRAM ON GLOBAL JUSTICE AND HUMAN RIGHTS, UNIVERSIDAD DE LOS ANDES, BOGOTA

‘ A properly trained lawyer in today’s world cannot simply master the legal rules of one nation-state system. Rather, the study of law must be transnational and informed by interdisciplinary perspectives regarding the myriad ways in which various legal (and, quasi legal) systems interact and influence each other. The new Dickson Poon School of Law LLM Pathway on Transnational Law is thoughtfully conceived to provide such an important course of study.’

PROFESSOR PAUL SCHIFF BERMAN, DEAN EMERITUS, AND VICE-PROVOST FOR ONLINE EDUCATION AND ACADEMIC INNOVATION, GEORGE WASHINGTON UNIVERSITY

What students say ‘ The pathway is ground-breaking for several reasons. The approach to study is from a multi-disciplinary perspective so interestingly, for us as lawyers, who are coming from a background in law, we look at law and anthropology, law and economics, law and sociology – basically law in society.’

‘ As a government lawyer, I think the main merits of the pathway are allowing the students to have a broader perspective on the law... You are reminded of the globalised nature of today’s world and its implications on the practice of law.’

‘ The best experience, besides what London offers, is that we have very dynamic study groups, the modules are structured into small seminars so we have really interesting discussions with a very international group of students.’

‘ The LLM in Transnational Law at King’s offers a high quality instruction from world-class experts in law and transnational legal practice and research. The LLM modules are complemented by various TLI events that enable students to engage with fellow students, faculty, practitioners and legal scholars. These features are essential for a deepening of critical thinking at a global level in today’s world.’

‘ As the backbone of the pathway, the module Transnational Law: Actors, Norms, Processes, is essential for providing an answer to the question: what is transnational law? I was able to learn about areas of law and regulatory governance, through case studies that I had not studied previously such as investment arbitration, climate change regulation and law and development. The combination of transnational theory and fascinating case studies, supported by pioneering teaching, made this module cohesive, stimulating and thoroughly enjoyable.’

TLI speakers and visitors 2014–17

Günter Frankenberg Goethe University

Dieter Grimm Humboldt University Berlin

Karl-Heinz Ladeur University of Hamburg

Judith Resnik Yale University

Diamond Ashiagbor SOAS

Morag Goodwin Tilburg Law School

Aeyal Gross SOAS

Jothie Rajah American Bar Foundation

Judy Fudge University of Kent

Lucie White Harvard University

Gavin Sullivan University of Kent

Noel McGrath UCD Dublin

Daniel Drache York University

Saskia Sassen Columbia University

Fareda Banda SOAS

Christian Joerges Hertie School of Governance

Bryant Garth University of California Irvine

Paul Clark Garden Court Chambers

Yves Dezalay Centre National de la Recherche Scientifique

Amanda Perry-Kessaris Kent Law School

Drucilla Cornell Rutgers University

Rosemary Hunter Queen Mary School of Law

Yuki Asano Doshisha University, Kyoto

Isabel Feichtner Goethe University

Yoriko Otomo SOAS

Hauke Brunkhorst University of Flensburg

Luis Eslava Kent Law School

Priya Gupta Southwestern Law School

John Harrington Cardiff Law School

Chandra Sriram University of East London

Rohit De Yale University

Scott Newton SOAS

Jo Shaw University of Edinburgh

Joseph Weiler European University Institute

‘ The programme gives you a necessary perspective that you need in a modern, globalised world. It is a small group of students, so you get to work closely with your professors. I think the LLM is an incredible opportunity to participate in a field that hasn’t been explored yet’.

FARNUSH GHADERY, TRANSNATIONAL LAW LLM, CLASS OF 2016, AND YEOH TIONG LAY SCHOLAR

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The TLI PhD Placement Programme

Second year PhD student Justin Yang secured a placement in the Law and Policy team at Amnesty International through the Programme. During his placement, Justin researched the issue of head of state immunities in light of the current relationship between the International Criminal Court and Sudanese President Omar al-Bashir, who recently made an unhindered visit to South Africa. Justin was responsible for researching and proposing legal positions that the organisation could adopt in a potential amicus curiae submission to the Constitutional Court of South Africa. ‘Similar to my previous experiences in the UN Tribunals, it was interesting to uncover some of the legal conflicts that exist at this level in international criminal law’, said Justin.

‘The internship provided an interesting reading of the law, as I personally had not worked in a quasi- ‘prosecutorial’ environment. My experiences at the Special Tribunal for Lebanon and the UN International Criminal Tribunal for Rwanda had been in judicial chambers, and the UN International Criminal Tribunal for the former Yugoslavia had been in defence. This therefore provided a unique exposure to exercising judicial creativity in creating supportable legal arguments in line with the policy objectives. My favourite moment has been witnessing the shift in my own opinion on the matter. Although initially sceptical, I began to realise that perhaps such a position can be defensible on the jurisprudence and literature. This momentum gradually picked up, and I am very excited to follow the trajectory of immunities in international law in the future. Overall, the internship was a great experience for me, and I would encourage others to take similar opportunities in their respective fields.’

From his employer: ‘Justin provided invaluable research expertise to Amnesty International as it developed a legal strategy to challenge the personal immunities of heads of state suspected of criminal responsibility for crimes under international law. This will help the organisation intervene in cases such as one in South Africa challenging failures by the South African government to honour an ICC warrant by arresting and surrendering President Bashir to the Court. The internship was an important contribution to the fight against impunity.’ Solomon Sacco, Senior Legal Advisor at Amnesty International London

In the academic year 2015-16, the TLI launched the PhD Placement Programme, with the aim of substantially improving the career prospects of the School’s PhD students on completion of their research whilst continuing to raise the international profile of the School among some of the world’s leading law firms, legal organisations and NGOs.

Dr Florian Grisel, Senior Lecturer in Transnational Law and Senior Research Fellow at the TLI, is Director of the programme and has helped to secure partnerships with an array of prominent organisations, including: the ICC International Court of Arbitration in Paris, the Equal Rights Trust, the British Institute of Comparative Law, ClientEarth and the Global Legal Action Network.

Transnational Law Summer Institute A pressure cooker for tomorrow’s teachers

TLSI 2015 The inaugural Transnational Law Summer Institute (TLSI) took place in 2015 from 28 June to 10 July. 52 PhD students and Early Career Researchers (TLSI Fellows) from 27 countries around the world travelled to King’s to take part in the two-week programme.

TLSI is aimed at providing early career scholars with a first-hand opportunity to submit their ideas on research, teaching as well as possible forms of civic engagement to collegial feedback, both from their peers and from established, world-renowned experts. TLSI 2015 featured focus-workshops on reading and writing as well as teaching at the interdisciplinary boundaries of law and globalization, along with selected theme lectures and two full days of engaging with a seminal text in context.

TLSI 2016The 2016 TLSI saw 62 Fellows from 33 different countries and 100 international faculty come together in June 2016 for ten days of intensive reflection on the place and role of law in today’s troubled world. Many of the world’s most highly respected law schools were represented, including Harvard and Yale University, UCLA, Hong Kong University, Tilburg Law School and Jindal Global Law School. The TLSI conveners, TLI Director Professor Peer Zumbansen and Dr Prabha Kotiswaran, Reader in Law and Social Justice at The Dickson Poon School of Law, are editing the keynotes presented at TLSI with Cambridge University Press in a new series, The London Lectures in Transnational Law & Global Governance.

The Fellows enjoyed lectures by Albie Sachs, former Judge on the Constitutional Court of South Africa; Professor Saskia Sassen, Professor of Sociology at Columbia University, Professor M Sornarajah of the National University of Singapore, and Professor Fleur Johns of the University of New South Wales among others. Participants had the opportunity to network with like-minded academics in an international environment and fine-tune their own skills through writing workshops and critical engagement with panel discussions.

What the TLSI Fellows said: ‘ I can’t stress enough what a wonderful experience this has been... allowing me to develop my research in interesting ways, meet some great young and senior scholars and setting up collaborations that I hope will develop’.

‘ I knew that it was going to be exciting and stimulating, but I was amazed by the breadth and depth of research and ideas that were canvassed and the commitment of all the Fellows and Faculty. It was an extraordinary event. Frankly, I don’t think it gets any better than this.’

Feedback from visiting staff: ‘ The Institute was helpful in drawing together some of the long-running and newer interventions in transnational law, socio-legal studies, and the public-private divides that characterise and are disturbed by these fields.’

TLI speakers and visitors 2014–17

Cathryn Costello University of Oxford

Kate Bedford Kent Law School

Raymond Atugaba University of Ghana

Davina Cooper Kent Law School

Natalia Angel-Cabo Universidad de Los Andes

David Cowan Bristol Law School

Shahla Ahli University of Hong Kong

Lutz Oette SOAS

Sabine Frerichs University of Vienna

Gralf-Peter Calliess University of Bremen

Karsten Nowrot University of Hamburg

Fleur Johns University of New South Wales

Ambreena Manji Cardiff Law School

Bryan Horrigan Monash Law School

Carsten Gerner-Beuerle LSE

Duncan Fairgrieve Université de Paris IX Dauphine

Albie Sachs former Justice at the Constitutional Court of South Africa

Lars Viellechner University of Bremen

Adelle Blackett McGill University

Martín Hevia Universidad Torcuato di Tella

Stavros Brekoulakis Queen Mary School of Law

Kirsteen Shields University of Dundee

Muthucumaraswamy Sornarajah National University of Singapore

Jacco Bomhoff LSE

Sebastian Botzem University of Bremen

Christopher Whytock University of California Irvine

Dai Yokomizo Nagoya University

Natasha Affolder University of British Columbia

Maks Del Mar Queen Mary School of Law

Phil Clark SOAS

Thomas Dietz University of Münster

Stephen Humphreys LSE

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The TLI Laboratories and Colloquia Platforms for critical thought, dialogue and interventionThe Transnational Law Reading LaboratorySince November 2014, the TLI has been hosting a regular reading and discussion forum on seminal and new writings in transnational law, global governance and legal theory. The ‘Reading Lab’ is an informal gathering to revisit or discover scholarly contributions to an emerging field of legal research, doctrine and practice and is open to anyone interested. There is only one rule: anyone attending has to have read the assigned book.

After dedicating its first year to the discussion in seminal texts in law and global governance, the 2015-16 academic year’s Lab focused on the concept of Sovereignty. Over the course of six lab sessions, participants explored sovereignty’s contested and competing historical origins, normative implications and political dimensions across a selection of writings in law, politics, philosophy, history and sociology.

The Reading Lab coincided with the Transnational Law LLM module, Sovereignty: Origins, Legacies and Prospects of a Contested Concept. The module and the Laboratory led up to a concluding international conference on Transnational Sovereignties in March 2016. In 2016-2017, the Reading Lab will concentrate on the intersection of democratic and economic theory.

The Methods LaboratoryLaunched in September 2014, the Methods Lab is an interdisciplinary research forum with a particular interest in exploring the methods, approaches and theories that inform transnational law and governance research.

The Methods Lab regularly welcomes guest speakers to give an ‘inside the laboratory’ view on the development of their project, their engagement with empirical and theoretical research, the engagement with literature from different disciplines or the conduct of ethnographic fieldwork. At the same time, Methods Lab speakers address cutting-edge areas of research in their presentations and make themselves available for a lively discussion.

The Methods Lab sessions provide an excellent opportunity for fellow researchers as well as graduate students to ask difficult questions and collectively engage in addressing the challenges of conducting complex transnational research projects today.

‘Practitioners in the Hot Seat’ – speakers series‘Practitioners in the Hot Seat – Legal Challenges in a Transnational World’ is a guest speaker series, co-hosted between the TLI and the Department of War Studies at King’s, and aims to bring an insider’s view on some of the most pressing contemporary issues of international legal practice.

The series invites practitioners with direct experience of real world challenges. Sessions of the series in 2016 included speakers from NATO, International Covenant on Civil and Political Rights and the Council on Foreign Relations.

The Series was conceived and is hosted by Dr Ady Schonmann-Bethlehem, Visiting Professor at the Department of War Studies and module convener in the Transnational Law LLM Pathway.

King’s Forum on International Dispute ResolutionFormed in 2015 under the leadership of Dr Holger Hestermeyer, Reader at The Dickson Poon School of Law and Convener of the International Dispute Resolution LLM Pathway, the King’s Forum on International Dispute Resolution responds to one of the most significant and exciting challenges the legal profession has to face in the 21st century: the internationalisation of dispute resolution.

As technology, trade and transportation have reduced the significance of borders, as international and European law have developed dynamically to catch up with a fast changing world, the importance of international dispute resolution has grown dramatically. To provide the best legal advice available, it is no longer sufficient to have a thorough knowledge of national law – knowledge of international dispute resolution has become a necessity.

Among other activities, the King’s Forum regularly invites distinguished speakers to present the latest developments in various areas of international dispute resolution.

The Transnational Law ColloquiumThe Transnational Law Colloquium is hosted by the TLI and welcomes scholars and practitioners, activists and policy makers from London, the UK and around the world to present their work.

The Colloquium was created in 2014 and has since its start featured thought-provoking and timely lectures on the correlation between domestic legal change and emerging regulatory structures, regimes and processes on the global scale. The Colloquium lectures are open to everyone. Speakers are encouraged to distribute a paper before the Colloquium.

Selected TL Colloquia in 2015-16: International Justice in Practice: Case Studies in Conflict and Controversy In November 2015, the TLI welcomed two leading experts and counsel in the field of international justice, Mr Karim Khan QC and Mr Rodney Dixon QC of Temple Garden Chambers, London, to deliver a lecture on international justice in practice. The talk drew on their considerable practical experience and expertise in the field, comparing and contrasting a range of case studies, including in Kenya, Sudan, Sri Lanka, Israel, Palestine and Libya, which have attracted international attention before the International Criminal Court. The event was hosted by the King’s Forum on International Dispute Resolution.

Why ‘No’ to Transnational Law Professor Muthucumaraswamy Sornarajah, C J Koh Professor of Law at the National University of Singapore and 2016 TLSI keynote speaker, came to King’s in November 2015 to give a talk on his latest publication ‘Resistance and Change in the International Law on Foreign Investment’, to staff and students at The Dickson Poon School of Law.

The event provided a critical analysis of globalisation and questioned whether the world really is moving towards a transnational legal system that transcends national jurisdictions. In a thought-provoking discussion, Professor Sonorajah argued that the effort of constructing a common law for the world in particular areas such as trade, commerce and investment, will continue to face significant, perhaps insurmountable challenges.

Transacting in a Vacuum of Property Law: Bitcoin and the Blockchain Dr Noel McGrath, TLI Visiting Fellow and faculty member at University College Dublin’s Sutherland School of Law, led a seminar on Bitcoin and the Blockchain at the TLI in April 2015. At the height of the global financial crisis in October 2008, an anonymous individual invented a new electronic payment system known as bitcoins that relies on a database known as the Blockchain. In the seminar, under the chairwomanship of Professor Eva Lomnicka, Dr McGrath and David Goldstone QC discussed the challenges to the legal regulation of the new system.

‘ Intellectually very demanding, interesting, opening up new horizons. The TLI has had a welcome variety of interesting events ... It has provided a good opportunity to explore specific areas in more detail (eg the recent talk on human rights advocacy in China) and also to see guest speakers’.

TRANSNATIONAL LAW LLM STUDENT

‘ The seminars have consisted of interesting and relevant topics on several fields of transnational law. Some have had a critical angle, some have consisted of interesting debates and made me think differently about certain aspects.’

TRANSNATIONAL LAW LLM STUDENT

Looking forward, the TL Colloquium in 2016-2017 will include presentations on international commercial arbitration, transitional justice, and a symposium on transnational legal education with perspectives from Japan, Afghanistan and Argentina.

TLI speakers and visitors 2014–17

Kristin Bergtora Sandvik University of Oslo

Cédric Ryngaert Utrecht University

Ruti Teitel New York Law School

Gregory Shaffer University of California Irvine

Annelise Riles Cornell University

Richard Meeran Leigh Day

Horatia Muir-Watt Sciences Po

Parosha Chandran Pump Court Chambers

Fiona de Londras University of Birmingham

Colin Scott University College Dublin

Victor Kattan National University of Singapore

Sara Dezalay Cardiff University

Amaya Alvez Universidad de Concepción

David Campbell University of Lancaster

Helge Dedek McGill University

Kevin Jon Heller SOAS

Mark Drumbl Washington and Lee University

Isabel Jaramillo Universidad de los Andes

Lynette J Chua National University of Singapore

Harry Arthurs Osgoode Hall Law School

Upendra Baxi Warwick University

Dipika Jain Jindal Global Law School

Vivien Schmidt Boston University

Heinz Klug Wisconsin Law School

Sally Engle Merry New York University

Boaventura de Sousa Santos University of Coimbra

Eve Darian-Smith University of California Santa Barbara

Jan Kleinheisterkamp LSE

Neil Walker University of Edinburgh

Christian Tietje University of Halle

Sital Kalantry Cornell Law School

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TLI Signature Conferences Blending theory and practice

November 2014: Inaugural London Roundtable on Transnational Private Law TheoryThe inaugural London Roundtable on Transnational Private Law was convened in 2014 and brought together scholars and practitioners with a particular expertise in contract, company, commercial and property law as well as arbitration.

It was the first ever association of private law scholars working on the intersection of domestic and international law. The Roundtable was hosted in cooperation with the Centre for Transnational Studies at the University of Bremen in Germany and focused on the theme: Transnational Private Law Theory: Perspectives on Research and Teaching.

March 2016: ‘Transnational Sovereignties’ ConferenceConvened by Professor Peer Zumbansen, TLI Director, with Stephen Minas, TLI Senior Research Fellow, this two-day conference invited scholars in law, political theory and anthropology to the TLI to reflect on the foundations and emerging trends, the challenges and contestations which surround the concept of sovereignty. In an era of ever-more interconnected economic and cultural global processes, ideas of sovereignty as perceived from state-centred perspectives of political theory and law have come under immense pressure.

Over the two days of the meeting in 2016, participants explored the possibilities of revisiting and rethinking sovereignty with view to its complex manifestations in different periods and settings.

Six of the Transnational Law LLM students were involved in the organisation of the conference, working closely with the two conveners. The students gained exposure to the latest research in the field as well as opportunities to network and conduct interviews with leading scholars from around the world, which were published on YouTube and the TLI’s website as podcasts.

The conference was well-attended by staff and students from King’s and other institutions and by practicing lawyers.

April 2016: Transnational Law: What’s in a Name? – TLI launch symposiumOn 27 April 2016, The Dickson Poon School of Law held a special symposium, ‘Transnational Law: What’s in a Name?’, to celebrate the academic inauguration of the TLI. Open to King’s staff, students and the public, the event featured presentations by leading legal scholars and practicing lawyers as well as anthropologists, sociologists, political scientists and historians. The result was a series of thought-provoking, interdisciplinary discussions during which the 80 participants reflected on the origins and current state of the debate around the field of transnational law.

Reflecting the symposium’s transnational theme, the speakers represented universities and legal organisations from all over the globe, including the National University of Córdoba-Argentina (Argentina), Freie Universität Berlin (Germany), the Max Planck Institute (Germany), Boston College (USA) and NYU (USA).

In conjunction with the public launch of the TLI, Professor Peer Zumbansen, Professor of Transnational Law and Director of The Dickson Poon Transnational Law Institute, delivered his inaugural lecture, ‘How, Where and for Whom? Interrogating Law’s Forms, Locations and Purposes’, the following evening. The talk provided an overview of the evolving debates around the nature and role of law in a world where nation states can no longer be idealised as the be-all, end-all of creating, implementing and enforcing legal rules.

July 2016: ‘Jessup’s Bold Proposal’ ConferenceConvened under the title, ‘Jessup’s Bold Proposal: Engagements with ‘Transnational Law’ after Sixty Years’, this singular event commemorated, revisited and rediscovered Philip Jessup’s path-breaking Storrs lectures, which the later Judge at the International Court of Justice had originally delivered in 1956 at Yale Law School.

The conference welcomed world renowned scholars in law, sociology, anthropology and political science along with experienced legal practitioners to explore the concept of ‘Transnational Law’ from historical, methodological, doctrinal and political perspectives.

With a dramatic increase of globe-spanning regulatory challenges such as environmental degradation, security threats, economic inequality, civil wars and global migration, the role and capacity of ‘the state’ to adequately control or even steer these developments has come under close scrutiny. It was against this background that conference participants discussed the contribution that a theory and method of ‘transnational law’ could make to the current debate about the place of law in today’s complex interaction between local, domestic, regional and global stakeholders and their interests.

November 2016: ‘Global Supply Chains and Transnational Labour Law: Challenges – Prospects – Applications’From 10-11 November 2016, the TLI hosted the launch conference for a transnational scholars and practitioners network on global supply chain regulation. With experts in labour and human rights law, private international law, corporate social responsibility, NGO activism and transnational human rights litigation, the conference will develop a collaboration platform for a new research and policy-making network with bases in the UK, South Asia and Latin America.

Looking forward

March 2017: ‘States-Markets-Democracy: The Promises and Risks of Transnational Politics’ ConferenceAt the conclusion of the 2016-17, post-Brexit lecture series on ‘Capitalism & Democracy in a Global Age’, the TLI will host an international conference under the theme: ‘States-Markets-Politics: The Promises and Risks of Transnational Politics’.

April 2018: ‘Transnational Law Summit’The Transnational Law Summit in April 2018 will mark the fifth year of the Dickson Poon gift to King’s and the Law School and brings to London a number of the most highly regarded thinkers in law, politics, economics and culture for a three-day conference.

The Summit will feature keynote lectures, panel presentations as well as a host of workshops and break-out group sessions to allow for an in-depth examination of the role that law and lawyers can play in the face of the planet’s most pressing problems.

A particular emphasis will be placed on the enhanced dialogue, interaction and collaboration between stakeholders in the Global North and South with a view to overcome prejudices and to facilitate open-minded discussions around concepts of justice, the rule of law, growth and progress.

TLI speakers and visitors 2014–17

Alexander Somek University of Vienna

Vidya Kumar Leicester Law School

William Scheuerman Indiana University

Vanja Hamzic SOAS

Reza Dibadj University of San Francisco

Simon Archer Koskie Minsky LLP, Toronto

Ralf Michaels Duke University

Larry Catá Backer Penn State

Prabhakar Singh Jindal Global Law School

Robert Wai York University

Paul Schiff Berman George Washington University

Maria Rosaria Ferrarese Università di Cagliari

Swethaa Balakrishnan New York University School of Law, Abu Dhabi

William Twining University College London

Michelle Everson Birkbeck Law School, University of London

Wolfgang Streeck Max Planck Institute for the Study of Societies

Adriana Di Stefano University of Catania

Julie McCandless LSE

Stewart Motha Birkbeck University of London

Sukti Dhital Nazdeek

Stephen Humphreys LSE

Jayshree Satpute Nazdeek

Sarah Keenan Birkbeck University of London

Usha Ramanathan Independent

Scott Newton SOAS

Davina Cooper Kent Law School

Alec Stone Sweet National University of Singapore

Francesca Feruglio Nazdeek

Kate Roberts Kalayaan

Machiko Kanetake University of Utrecht

Balakrishnan Rajagopal Massachusetts Institute of Technology

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The TLI Collaboration Platform Research groups, visiting PhD scholars programme, visitor fellowships, student involvement

Transnational Regulatory Governance Research GroupThe TLI’s Transnational Regulatory Governance Research Group (TLI-TRG) is a platform for researchers and practitioners to examine legal innovations to address major cross-border challenges, including in the domains of the environment, energy, human security, technology and commerce.

The shaping impetus for the research group’s work is the question of how hybrid forms of regulation are developing to address global challenges. The group is convened by TLI Senior Research Fellow and PhD candidate, Stephen Minas.

The group has a particular focus on the roles of transnational networks and regional cooperation in meeting shared challenges. Meetings of the group have examined issues including energy trade governance, climate change, transnational science-based safety standards, social and biological design-based regulation and legitimation problems in global governance.

Since its inception in January 2015, TLI-TRG has hosted speakers from King’s, Queen Mary University of London, the University of Durham, the University of Foggia, the University of Sydney and Utrecht University. The group welcomes participants from King’s and other institutions.

Transnational Legal Education Research GroupThe idea of a research group on the transnationalisation of legal education was first developed during the inaugural Transnational Law Summer Institute in 2015 and the Transnational Legal Education Research Group (TLERG) was established in January 2016. It is convened by TLSI 2015 Fellows Nora Rzadkowski and Aydin Atilgan, PhD researchers at the University of Hamburg. TLERG provides a platform for new alternative teaching methodologies with view to the growing transnational dimension of law, law school education and professional training.

Currently, the TLERG is engaged in a research and publication project on ‘Towards a Transnational Curriculum? Reflections on Possibilities for Future Teaching in Legal Education.’ In this project the TLERG authors explore the challenges and promises of rethinking teaching and learning related scholarship from a perspective of transnational law. A particular emphasis is placed on defining opportunities of bringing transnational law dimensions into the classroom and to help lecturers to develop the transnational dimension of their teachings, which might contribute to a change of the teaching culture on an institutional level. The group also welcomes researchers with novel ideas for further projects that aim at answering different pressing questions of legal education that stem from transnationalisation.

TRANSLOCAL LAW Collaborative Research GroupThe Translocal Law Collaborative Research Group (TLL-CRG) brings together international researchers with interdisciplinary backgrounds in law, sociology, political science and anthropology, who are both from and doing research across the Global South and North. The members of TLL-CRG met at the inaugural 2015 Transnational Law Summer Institute and came together a number of times since. The group’s focus is on the interrogation of the emergent socio-legal field and methodology of transnational law by investigating how transnational law is shaped and reconstituted when it encounters local resistances, contexts, and other forms of legality. Drawing on its multidisciplinary and geographically diverse membership base, the CRG aims at providing a more dialectical account of transnational law rooted in empirical and contextual legal study.

Research areas currently covered by the CRG include sex workers’ struggles for rights recognition in Argentina (Marisa N Fassi – Argentina); transnational activism in the food sovereignty movement (Matthew Canfield – USA); environmental social mobilisation in Third World contexts (Julia Dehm – USA/Australia); African migrants’ navigation of European border legalities in Italy (Giulia Fabini – Italy); Bedouin collectives’ transnational sujectivities in Israel (Emma Nyhan – Ireland/Italy); private corporate regulatory governance in transnational scenarios (Philip Paiement – The Netherlands); transnational developments in land governance in Cambodia (Naoyuki Okano – Japan); the CEDAW right to public life impact in women’s movements in the Maldives (Marium Jabyn – Maldives); aboriginal perspectives on sentencing cases in central Australia (Mary Spiers Williams – Australia); identity formation processes in the transnationalisation of family law (Ivana Isailovic –France/USA); the Interamerican Court’s judgements on womens’ rights (Mariana Prandini Assis – Brazil); global and local feminist perspectives on law-making (Jhuma Sen – India).

By making use of virtual research tools and active engagement, the TLL-CRG has successfully laid the foundation for collaborative knowledge and substantive exchanges and has constituted a new International Research Collaborative under the auspices of the Law and Society Association. In 2016, the group was awarded a TLI Small Grant for a two days’ workshop at King’s College London in July 2016 and is currently working towards a number of collaborative publishing projects to disseminate the research group’s findings.

National Security Law Research & Policy InitiativeThe Initiative was established in 2015 under the leadership of Dr Cian Murphy to facilitate the discussion of innovative research and examines policy solutions to problems arising in national security law.

The Initiative’s ethos is that rigorous research, a collaborative approach, and public service through policy impact is of crucial importance in contemporary national security law. The Initiative therefore aims at enabling researchers to better engage in rigorous legal research on national security law and policy, and to then translate that research into contributions to policy debates.

The National Security Law Research & Policy Initiative is a venture with the support of the TLI and Yeoh Tiong Lay Centre for Politics, Philosophy & Law at The Dickson Poon School of Law.

Student involvementThere are numerous opportunities for students in the LLM (post-graduate taught) and the PhD (post-graduate research) streams at The Dickson Poon School of Law to get involved in the activities of the TLI.

Recurring seminars and events such as the Transnational Law Colloquium, the Methods Laboratory, the TLI Research Groups or the monthly Transnational Law Reading Laboratory are open to all students.

The academic quarterly law review, Transnational Legal Theory is housed at the TLI and postgraduate students serve on the student editorial board. There is also a student-let transnational law and economics reading group, founded by Transnational Law LLM students in 2015-16.

TLI speakers and visitors 2014–17

Claire Cutler University of Victoria

Nico Krisch Graduate Institute of International and Development Studies, Geneva

Sara Seck Western University’s Faculty of Law

Cindy Wittke University of Konstanz

Hannah Buxbaum Indiana University

Antoine Duval Asser Instituut in the Hague

Ivana Isailovic McGill University

Elizabeth Barmes Queen Mary University

Finola O’Sullivan Cambridge University

Jose Manuel Barreto Universidad de los Andes

Adam Bazak Osgoode Hall Law School, Toronto

Brenda Bhandar SOAS

Amar Bhatia Osgoode Hall Law School, Toronto

Matthew Craven SOAS

Julia Dehm Melbourne Law School

Michael Dottridge UN Voluntary Trust Fund on Contemporary Slavery

Marisa Fassi Università Degli Studi di Milano

Edesio Fernandes IRGLUS

Peter Fitzpatrick Birkbeck University of London

Joaquin Garzón Javeriana University Bogota

Antara Haldar Cambridge University

Carol Harlow LSE

Marium Jabyn University of Waikato

Benjamin Jain Osgoode Hall Law School, Toronto

Isabelle Cristina Jaramillo Sierra Universidad de Los Andes

Tom Kabau Africa Nazarene University

Vik Kanwar Jindal Global Law School

Alexandra Kemmerer Max Planck Institute for Comparative Public Law and International Law

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TLI Think! Papers: an innovation in transnational online publishingIn November 2015, The TLI began an open access research papers series on the Social Science Research Network (SSRN). The series covers a broad range of methodologies and topics of transnational legal scholarship. The papers, written by both TLI affiliates and scholars from other institutions, are published electronically and are freely available online or through email distribution.

The TLI Think! Paper series editors are Professor Peer Zumbansen, Editor in Chief, and Dayan Farias-Picon, TLI Research Fellow and Production Editor.

View a full list of papers by the Transnational Law Institute and affiliated faculty available to download from the SSRN website: http://bit.ly/tli-think-papers

Transnational Legal Theory: A world renowned law review at TLITransnational Legal Theory (TLT), founded by Professor Craig Scott at Osgoode Hall Law School in Toronto in 2010, and – since 2012 – edited by TLI Director, Peer Zumbansen, is the core law review in transnational legal thought.

Published by Taylor & Francis, TLT appears on a quarterly basis, is anonymously peer-reviewed and has become one of the most sought-after journals by leading scholars in transnational law and legal theory. The journal is edited with the assistance of student editorial board members from the Transnational Law LLM at King’s and the JD programme at Osgoode Hall in Toronto.

For more information: Twitter: www.twitter.com/tlikings Soundcloud: www.soundcloud.com/kcl_law YouTube: http://bit.ly/tli-youtube www.kcl.ac.uk/law/tli

TLI publications

Courts in Conflict: Interpreting the Layers of Justice in Post-Genocide RwandaNicola Palmer

This important book, published in 2015 and combining law, legal anthropology, and politics in an interpretive approach to transitional justice research, provides an empirically-grounded analysis of the practice of the international, national, and localised courts in post-genocide

Rwanda. A deeper understanding of what the post-genocide courts have tried to achieve better explains their interactions, illuminating the use of the localised gacaca court records in the judgments of the International Criminal Tribunal for Rwanda (ICTR) and the transfer of suspects between the jurisdictions.

EU Counter-Terrorism: Pre-emption & the Rule of Law Cian C Murphy

Published in 2015, in paperback with a new introduction in 2016, this is a detailed study of EU action to combat terrorism since September 11 2001 and the implications that action has had for the EU legal order. It critically examines EU counter-terrorism measures to ascertain how rule of law

principles have been affected in the ‘war on terrorism’. Arguing that EU counter-terrorism is weakening the rule of law and bypassing safeguards in favour of a system emphasising coercive control over individual autonomy, it concludes by examining the prospects for the future as the EU becomes a more powerful security actor following the Lisbon Treaty and the adoption of the Stockholm Programme.

Reshaping Markets: Economic Governance, the Global Financial Crisis and Liberal Utopia Bertram Lomfeld, Alessandro Somma and Peer Zumbansen

Published in 2016, this collection brings together authors from Italy, Germany, the UK, Canada, the US and Greece. Set against the origins and consequences of the global financial crisis, the book examines the role of the state in regulating markets. With a focus on private law including

corporate, labour and banking law, the contributors propose a conceptual framework to examine the status of private law in the current climate of ever increasing economic inequality and austerity measures.

Banking on Climate Change: How Finance Actors and Transnational Regulatory Regimes are Responding Megan Bowman

Drawing upon the access to senior bank managers and international workshops to explore the activities of multilateral development banks and specialised climate funds, the author considers the influences of corporate law and corporate governance norms on directors’ decision-making. The

book, which includes personal interviews with senior bank personnel, corporations and non-government organisations in the United States, Europe and Australia, offers a critical examination of the risk/return theory for a range of private finance actors, and explores how business case logic and corporate social responsibility influence financial behaviours, thus providing the reader with a comprehensive, cross-jurisdictional analysis of legislative and policy responses to climate change and the financial crisis in key market economies.

Blood Oil: Tyrants, Violence and the Rules That Run the WorldLeif Wenar

Published to global acclaim, this timely intervention offers powerful explanations of how our everyday shopping puts money into the pockets of many of the most merciless men on earth. The study discovers how today’s natural resource trade runs on the same rule that once made the

slave trade, colonialism, apartheid and genocide legal, and culminates in describing the way the West can lead the world the next step forward in history, through a peaceful resource revolution.

TLI publications Showcasing cutting-edge scholarship and research

‘ As part of the LLM, I have taken part in the student editorial board of the academic journal Transnational Legal Theory, co-ordinated by Professor Peer Zumbansen. The experience has been invaluable, providing insight into cutting-edge research and debates in various fields within the framework of transnational law as well as the opportunity to work collaboratively with other students.’

NATALIE SEDACCA, TRANSNATIONAL LAW LLM, 2015–16 COHORT (PART-TIME) AND CIVIL LIBERTIES SOLICITOR, LONDON

Electronic copy available at: http://ssrn.com/abstract=2780146

TLIThink!

ADicksonPoonTransnationalLawInstitute,King’sCollegeLondonResearchPaperSeries

GlobalizationandLawinaLocalContext:ExperiencesfromtheJapaneseResearchGrouponPublicand

PrivateLaw

YukiAsano,HirokiHarada,TakeshiFujitaniandDaiYokomizo

TLIThink!Paper17/2016

Editor:PeerZumbansen,DirectorTLI/ManagingEditor:DayanFariasPicon

TheDicksonPoonSchoolofLaw,King’sCollegeLondon

W:http://www.kcl.ac.uk/law/tliE:tli@kcl.ac.uk

Thispapercanbedownloadedwithoutchargeathttp://ssrn.com/abstract=2780146

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TLIThink!

ADicksonPoonTransnationalLawInstitute,King’sCollegeLondon

ResearchPaperSeries

DoCorporationsIncreaseInequality?

EwanMcGaughey

TLIThink!Paper32/2016

Editor:PeerZumbansen,DirectorTLI/ManagingEditor:DayanFariasPicon

TheDicksonPoonSchoolofLaw,King’sCollegeLondon

W:http://www.kcl.ac.uk/law/tliE:tli@kcl.ac.uk

Thispapercanbedownloadedwithoutchargeat

http://ssrn.com/abstract=2697188

TLI speakers and visitors 2014–17

Julie Kim Osgoode Hall Law School, Toronto

Elena Loizidou Birkbeck University of London

Virginia Mantouvalou University College London

Diana Norwich Osgoode Hall Law School, Toronto

Emma Nyhan European University Institute

Naoyuki Okano Nagoya University

Andreas Philippopoulos-Mihalopoulos University of Westminster

Miyanur Rahman MIT

Amy Sujae Lee Osgoode Hall Law School, Toronto

Gavin Sullivan University of Amsterdam

David Torchetti Osgoode Hall Law School, Toronto

Patricia Tuitt Birkbeck University of London

Rano Turaeva Max Planck Institute of Social Anthropology, Conflict and Integration

Patricia Wood Osgoode Hall School of Law

Alan Young Osgoode Hall Law School

Arpan Banerjee Jindal Global Law School

Stephan Bitter Administrative Court Frankfurt

Roberto Luiz Corcioli Filho São, Paulo State Court, Brazil

Yashraj Singh Deora Delhi Supreme Court

Stephan Hocks Justus Liebig Universty Gießen

Julia McCandless LSE

Stewart Motha Birkbeck University of London

S Muralidhar Delhi High Court

Sumit Baudh Columbia Law School

Janet Dine Queen Mary University of London

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Peer ZumbansenProfessor of Transnational Law Director of The Dickson Poon School of Law Transnational Law Institute

Transnational Law Institute The Dickson Poon School of LawKing’s College LondonStrandLondon WC2R 2LS

tli@kcl.ac.uk www.kcl.ac.uk/law/tli

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