“Polycentricity in South Asian Human Rights Law": Presentation at the Asian Society of International Law 4th Biennial Conference, New Delhi, India

The Asian Society of International Law has just concluded its excellent 4th Biennial Conference, held this year in New Delhi, India this past 14-16 November 2013 and hosted this year by the Indian Society of International Law. 

The Conference theme this year, “Asia and International Law in the 21st Century: New Horizons” drew a host of excellent papers and discussions over the course of three days. The call for papers described the conference theme:

Governments, scholars, and civil society in Asia are actively engaged in all facets of the development and implementation of contemporary international law. Asia's leading powers are no longer "emerging" but have emerged. There is, nevertheless, great diversity around the region. While countries in the Asian region may regard certain issues as of particular concern to them, those issues are generally also of great moment in other regions and/or at a global level. This conference will seek to share perspectives on emergent dimensions of international law from around the Asian region, broadly defined, and from beyond.

A number of great papers were presented.  The Conference Schedule can be accessed here.

I was grateful to have been able to present my paper at that conference: Polycentricity in South Asian Human Rights Law: On the Strategic and Simultaneous Use of Multiple Sources of Law to Advance Human Rights Against MNCs in South Asia. My thanks to Surya Deva (City University Hong Kong School of Law) for organizing a great panel.

A summary of the paper follows.

The PowerPoint of my presentation may be accessed HERE.

Elements of Law 3.0: Table of Contents for Lecture and Reading Notes for An Introduction to U.S. Legal Theory and Practice

(Pix (c) Larry Catá Backer 2013)

I have been posting about the development of a new course I have been developing for our first year law school students, "Elements of Law."  (Elements of Law 3.0: On the Relevance of a First Year Law Course Designed to Frame the Law School Curriculum).  The SYLLABUS can be accessed HERE.

This post makes the end of the lecture note series.  It includes the TABLE of CONTENTS for the Lecture Notes as I have developed them over the past semester.  These will serve as the core of materials that I will continue to use to introduce U.S. Law and Legal Theory to students.  It remains very much a work in progress and and open access project. Comments and suggestions always welcome.

Elements of Law 3.0 Notes and Readings IV-E(2) (The Role of the Courts: Constitutional Interpretation; A Special Case? Contemporary Theorizing)

(Pix (c) Larry Catá Backer 2013)

I have been posting about the development of a new course I have been developing for our first year law school students, "Elements of Law."  (Elements of Law 3.0: On the Relevance of a First Year Law Course Designed to Frame the Law School Curriculum).  The SYLLABUS can be accessed HERE.

With this post I continue to share with the class and interested "others" summary study notes for the course readings.  For this post we continue to consider the last part of section IV of the materials:  IV.E.The Role of the Courts: Constitutional Interpretation, A Special Case? Contemporary Theoretical and Academic Approaches   Comments and discussion most welcome.

The Table of Contents for all of the Lecture Notes may be accessed HERE: Elements of Law 3.0: Table of Contents for Lecture and Reading Notes for An Introduction to U.S. Legal Theory and Practice.

Elements of Law 3.0 Notes and Readings IV-E (The Role of the Courts: Constitutional Interpretation; A Special Case?)

(Pix (c) Larry Catá Backer 2013)

I have been posting about the development of a new course I have been developing for our first year law school students, "Elements of Law."  (Elements of Law 3.0: On the Relevance of a First Year Law Course Designed to Frame the Law School Curriculum).  The SYLLABUS can be accessed HERE.

With this post I continue to share with the class and interested "others" summary study notes for the course readings.  For this post we consider the first part of section IV of the materials:  IV.E.The Role of the Courts: Constitutional Interpretation, A Special Case?   Comments and discussion most welcome.

The Table of Contents for all of the Lecture Notes may be accessed HERE: Elements of Law 3.0: Table of Contents for Lecture and Reading Notes for An Introduction to U.S. Legal Theory and Practice.

Central CPC Inspection Tour Working Process--Developing Mechanisms for Supervision and Monitoring of Anti-Corruption Efforts in China

I have been considering the ways in which the Chinese Communist Party has been evolving its institutionalization of anti-corruption mechanisms (e.g., The Chinese Communist Party's New Anti-Corruption Rules--Small Weddings and No New Years Cards, 11-7-2013; From Global Anti-Corruption Structures to Anti-Corruption With Chinese and Now Cuban Characteristics; What can China Teach Cuba?,10-25-2013; The Emerging Forms of Chinese Anti-Corruption Institutions,10-10-2013). These movements are likely to become more significant especially after the just concluded 3rd Plenum.  

(Pix (c) Larry Catá Backer 2013)

For this post my SJD student, Shan Go has prepared a short discussion of a recently concluded first round inspection that targeted key provinces.  

Just Published: "Transnational Corporations' Outward Expression of Inward Self-Constitution: The Enforcement of Human Rights by Apple, Inc."

My article, "Transnational Corporations' Outward Expression of Inward Self-Constitution:  The Enforcement of Human Rights by Apple, Inc." has just been published and will appear in the Indiana Journal of Global Legal Studies 20(2):805-879 (2013).  

(Pix (c) Larry Catá Backer 2013)

The article is part of a great collection of articles exploring a variety of issues of societal constitutionalism, that is the move toward constitutionalism beyond the nation-state, that were edited by Gunther Teubner and Anna Beckers, and which grew out of a conference that brought together legal. political and social science scholars to a conference in Turin, Italy in may 2012. A video of the conference introduction may be accessed HERE. For an introduction to the articles that grew out of the conference, see Gunther Teubner and Anna Beckers, "Expanding Constitutionalism," 20 Ind. J. Global Legal Stud. 20(2):523-550 (2013). 

After an introductory section defining the agenda, the second section scrutinizes the recent move of constitutionalism beyond the nation-state.  The move toward a new constitutional pluralism goes into two different directions--the "transnational" and the "societal."  The third section deals with the spatial and temporal dimensions of the new constitutional phenomena.  In the fourth section, "constitutional subjects,"  the contributions search for societal equivalents to the political idea of "We the people," and identify transnational normative orders, multinational corporations, and global social movements as potential candidates.  Finally, the fifth section, "constitutional arenas," focuses on the constitutional processes and the specific characteristics of constitutional norms in various fields. (Teubner and Beckers, supra, at 540).

The abstract and introduction of my article follow. A pre-publication version of the article may be accessed HERE.

A video of my conference presentation may be accessed HERE.

Elements of Law 3.0 Notes and Reading IV-D (The Role of the Courts: Stare Decisis in Constitutional Cases and Under State Law)

(Pix (c) Larry Catá Backer 2013)

I have been posting about the development of a new course I have been developing for our first year law school students, "Elements of Law." (Elements of Law 3.0: On the Relevance of a First Year Law Course Designed to Frame the Law School Curriculum). The SYLLABUS can be accessed HERE.

With this post I continue to share with the class and interested "others" summary study notes for the course readings.  For this post we consider the another part of section IV of the materials:  IV.D. The Role of the Courts: How Courts Engage With Law: Stare Decisis in Constitutional Cases and Under State Law.   Comments and discussion most welcome.

 The Table of Contents for all of the Lecture Notes may be accessed HERE: Elements of Law 3.0: Table of Contents for Lecture and Reading Notes for An Introduction to U.S. Legal Theory and Practice.

Regulations on the Operation of the Party School of the Chinese Communist Party and Comparison With the Chinese Academy of Governance

We have been considering the Party School of the Chinese Communist Party.  It plays an essential role in undertaking the political work fo the Party and broadening and deepening its ideological base. 

(Pix (c) Larry Catá Backer)

In considering the operating regulations of the CPC Party School we also sought to distinguish it from the Chinese Academy of Governance (a public servant training institution previously named the China National School of Administration).  It and the Party School are very similar institutions with unique roles under Party State Structure.  Indeed, the separate organization of the two schools--one focused on education in political leadership, and the other focusing on the role of the administrative apparatus of government--reflect the fundamental separation of powers at the heart of the Chinese constitutional system (e.g., Backer, Larry Catá, "Party, People, Government, and State: On Constitutional Values and the Legitimacy of the Chinese State-Party Rule of Law System," Boston University International Law Journal, Vol. 30, 2012.

We have included a translation for the Party school regulation rule by Shan Gao, an SJD student at Penn State University. We have also included a comparison chat between the Parrty School and the Academy of Governance, prepared by Shan Gao. The focus of the comparison is on the similarities and differences in administration, funding, education degree program and leadership.  In the process one can better understand the fundamental ordering premises of the construction of the Chinese constitutional state and the way in which those premises are institutionalized and deepened through training.

From the Conference Board: 2013 Listing of Shareholder Proposal Subjects

 
(Pix (c) Larry Catá Backer 2013)

This from Matteo Tonello and our friends at the Conference Board:

• Shareholder proposal subjects (November 18, 2013)
• Shareholder proposals on proxy access (November 4, 2013)
• Majority-supported shareholder proposals (October 28, 2013)

The issue of shareholder proposals may indicate those issues currently of importance to at least activist shareholders and may also suggest movement in social expectations of corporate behavior among institutional investors. For civil society elements interested in using shareholder activism to deepen engagement of corporations with issue sof adverse human rights impacts these chars may provide some information about the ways those strategies are being shaped.I would be interesting as well to see how many of these were initiated  or supported by sovereign investors. (e.g., Larry Catá Backer, Sovereign Investing and Markets-Based Transnational Legislative Power: The Norwegian Sovereign Wealth Fund in Global Markets, American U. International Law Revoiew 29:'' (forthcoming 2013)

Wikileaks Reveals a Draft of the Trans-Pacific Partnership Agreement Text

The profound effect on transparency (if only serendipitously one sided for the moment) of the episodic revelations from Edward Snowden's cache of information continues unabated.  (e.g.,Ruminations 50: Edward Snowden and Polycentric Global Governance Orders Beyond the State).

(Pix from Wikileaks Press Release 11-13-2013)

A few days ago Wikileaks revealed the text of the much sought after draft of the Trans Pacific Partnership.  For early press reaction see, e.g.,  Alex Herne and Dominic Rushe, "WikiLeaks publishes secret draft chapter of Trans-Pacific Partnership," The Guardian, Nov. 13, 2013; James Legge, "WikiLeaks publishes Trans-Pacific Partnership draft agreement," The Independent, Nov. 14, 2013.

The text of the Press Release dated November 13, 2013, announcing the leak and the link to the TPP Draft agreement draft offered up for inspection follow.  My analysis of the strategic implications of TTP and its importance may be accessed here: Larry Catá Backer, "The Trans-Pacific Partnership: Japanese Strategic Diplomacy or Chinese Containment," Washington University Global Studies Law Review, 13(1):-- (forthcoming, 2013).

A Conversation About Polycentricity in Governance Systems Beyond the State

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 (Pix (c) Larry Catá Backer 2013)

I have been writing about the rise of polycentricity in governance for several years now.   (e.g., Larry Catá Backer, "Dynamic Societal Constitutionalism: Transnational corporations’ outward expression of inward self-constitution: The enforcement of human rights by Apple, Inc.", Indiana Journal of Global Legal Studies 20:-- (forthcoming 2013);  "Governance Without Government: An Overview and Application of Interactions Between Law-State and Governance-Corporate Systems", in Beyond Territoriality: Transnational Legal Authority in an Age of Globalization 87-123 (Günther Handl, Joachim Zekoll, Peer Zumbansen, editors, Leiden, Netherlands & Boston, MA: Martinus Nijhoff, 2012); "From Institutional Misalignment to Socially Sustainable Governance: The Guiding Principles for the Implementation of the United Nation’s 'Protect, Respect and Remedy' and the Construction of Inter-Systemic Global Governance," McGeorge; "Inter-Systemic Harmonization and its Challenges for the Legal-State", in The Law of the Future and the Future of Law, (Sam Muller, Stavros Zouridis, Laura Kistemaker and Morly Frishman, eds., Torkel Opsahi Academic Editor, 2011); and a number of posts to this blog.


The focus has been on its emergence as a factor in the way individuals and entities must now adjust their behavior in light of multiple simultaneously applied governance rules and expectations. A subsidiary discussion has been  focused on the effects of polycentircity on governance coherence, harmonization and dissonance  and the cumulative effect of these new governance frameworks on the traditional effectiveness of domestic legal orders to regulate individuals, entities and activities within their borders.

This post includes the transcript of a conversation with Keren Wang, a PhD candidate at Penn State (Communication Arts and Sciences, School of Liberal Arts) about polycentricity as the framework of global governance structures that are emerging. It is meant to provide a more conversational introduction to issues of polycentricity and its relation to what lawyers know (and love) best, the state and the law system attached to it.

Translation into English of CCP's: "Communiqué on the Current State of the Ideological Sphere"

I have been considering some of the issues likely to arise during the 3rd Plenum of the 18th Party Congress. (e.g., Gearing Up for the 3rd Plenum of the Central Committee of the 18th Chinese Communist Party Congress, Oct. 24, 2013;  Considering the Central Committee Politburo Meeting Pointing to the November 2013 Central Committee 3rd Plenum, Sept. 9, 2013).

 (Pix (c) Larry Catá Backer 2013)

It is likely that much effort will be devoted to ideological work.  Much of that effort will likely be misinterpreted outside of China precisely because Chinese politics tends to be interpreted through the assumptions and perspectives of other political cultures. , and that effort will likely be misinterpreted outside of China.  Those misinterpretations will be costly to those states and non-state actors who will press on oblivious to the changing realities within China. 

One potentially important marker of the context within which this ideological work will be elaborated is the so-called Document 9, "Communiqué on the Current State of the Ideological Sphere."  Now the editors of China File have posted an English translation of this Communiqué which may be accessed from their website as HERE as "Document 9: A ChinaFile Translation: How Much Is a Hardline Party Directive Shaping China’s Current Political Climate?" (The Editors; 11.08.13).

Yuta Kawashima on "Post-Fukushima Nuclear World: Proposal for More Robust Global Nuclear Safety Regime"

Yuta Kawashima, my former student at the Pennsylvania University School of International Affairs,  conducts individual research. He previously served as an intern at the Arms Control Association (ACA), where he provided research support.

Mr. Kawashima has been researching issues related to the Fukushima nuclear disaster.  His essay, "Post-Fukushima Nuclear World: Proposal for More Robust Global Nuclear Safety Regime," follows.

The Chinese Communist Party's New Anti-Corruption Rules--Small Weddings and No New Years Cards

I have been considering the recent significant changes to regulations in China touching on corruption and those practices that may create an appearance of or incentives to corruption, especially among Communist Party  officials. 

(Pix (c) Larry Catá Backer 2012)

Shan Gao (Penn State University  SJD candidate) has recently prepared an essay on the way these approaches are now making themselves felt at the provincial level, in this case the efforts in Hunan Province.  Expect more to come. 

Changes in Company Law in China From the Chinese State Council

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(Pix: Li liqiang chaired State Council Executive meeting on Oct 25 promoting small business investment and lowering investment cost. http://js.china.com.cn/rdxw/377972.shtml)

 China has been increasingly active in global conversations about corporate governance. (e.g., China-OECD Co-operation in Corporate Governance 2012).  It should come as little surprize, then, that China ids slowly  transposing customs and standards form global markets into its own context so that it might more effectively engage in global commerce. Shan Gao, and SJD candidate at Pennsylvania State University, has provided a short discussion of recent changes to Chinese corporate governance announced recently by the Chinese State Council.

Elements of Law 3.0 Notes and Reading IV-C (How Courts Engage With Law: Theories of Judicial Interpretation)

(Pix (c) Larry Catá Backer 2013)

I have been posting about the development of a new course I have been developing for our first year law school students, "Elements of Law." (Elements of Law 3.0: On the Relevance of a First Year Law Course Designed to Frame the Law School Curriculum). The SYLLABUS can be accessed HERE.

With this post I continue to share with the class and interested "others" summary study notes for the course readings.  For this post we consider the another part of section IV of the materials:  IV.C.The Role of the Courts: How Courts Engage With Law: Theories of Judicial Interpretation.   Comments and discussion most welcome.

The Table of Contents for all of the Lecture Notes may be accessed HERE: Elements of Law 3.0: Table of Contents for Lecture and Reading Notes for An Introduction to U.S. Legal Theory and Practice.

Part XXIX—Zhiwei Tong (童之伟) Series: Five Theoretical Issues Should Be Addressed to Restart Political Reforms

 (Zhiwei Tong, PIX (c) Larry Catá Backer)

For 2012, this site introduced the thought of Zhiwei Tong (童之伟), one of the most innovative scholars of constitutional law in China. Professor Tong has been developing his thought in part in a essay site that was started in 2010. See, Larry Catá Backer, Introducing a New Essay Site on Chinese Law by Zhiwei Tong, Law at the End of the Day, Oct. 16, 2010. Professor Tong is on the faculty of law at East China University of Political Science and Law. He is the Chairman of the Constitution Branch of the Shanghai Law Society and the Vice Chairman of the Constitution Branch of the China Law Society. The Series continues.

The Zhiwei Tong (童之伟) Series focuses on translating some of Professor Tong's work on issues of criminal law and justice in China, matters that touch on core constitutional issues. Each of the posting will include an English translation from the original Chinese, the Chinese original and a link to the original essay site. Many of the essays will include annotations that may also be of interest. I hope those of you who are interested in Chinese legal issues will find these materials, hard to get in English, of use. I am grateful to my research assistants, YiYang Cao, Bo Wang, and Zhichao Yi for their able work in translating these essays.

TABLE OF CONTENTS FOR THE SERIES AVAILABLE HERE.

For this contribution to the Zhiwei Tong (童之伟) Series /(Part XXIX) we translate: Five Theoretical Issues Should Be Addressed to Restart Political Reforms