"Beyond Nation and Law: A Manifesto": My Remarks at the Launch Symposium of the Dickson Poon Transnational Law Institute--"Transnational Law: What's in a Name?"

(Pix © Larry Catá Backer 2016)

It was my great pleasure to participate in the events marking the inauguration of the Dickson Poon Transnational Law Institute at King's College, and to its organizer, Peer Zumbansen. See HERE for program of the Launch Symposium, entitled Transnational Law: What's In a Name?. 

This post includes a slightly edited transcript of my remarks at the Launch Symposium, entitled "Beyond Nation and Law." It follows below.

Shaoming Zhu Commentary on Wang Hui: "Contradiction, Systemic Crisis and the Direction for Change: An Interview"

(Pix © Larry Catá Backer 2016)

It has been a long time, almost a generation, since the basic line of the Chinese Communist Party refocused the insights of class struggle away from its more primitive manifestation in a rough calculus of status to its current manifestation in the communal struggle to bring prosperity to the nation through the development of productive forces. Central to that evolution has been the evolution of the notion of class struggle from a central element of the organization of state, politics, society and economics to its embedding within the more complex notions of socialist modernization. It has been even longer since the discourse of autonomous state development has given way to the markets oriented language of economic globalization and its establishments of regimes of fracture, porosity, permeability, and polycentricity in the reorganization of power beyond the state.

Yet the old discourse retains a strong and alluring power over even the most sophisticated intellectuals of contemporary times. The best of them seek to bend old insights to new situations. They seek to reinterpret and apply old learning--still powerful--to the tensions and contradictions of the contemporary age. This is an important exercise of intellectual discourse in the West. It is refreshing, then, to see it emerge, as well in Chinese discourse.

It is with this in mind that Flora Sapio, Shaoming Zhou, and I thought it would be useful to consider these issues through the lens of a recently published interview that nicely raises some of these themes: Contradiction, Systemic Crisis and the Direction for Change: An Interview with Wang Hui.

Our thought may be accessed here.

Flora Sapio
Larry Catá Backer
Shaoming Zhu

This post includes Shaoming Zhu's essay, "Commentary on Professor Wang Hui’s 'Contradiction, Systemic Crisis and the Direction for Change: An Interview with Wang Hui'".

Nicholas Rowland Presents "The Future Multiple" and the Future of Scenario Planning; With Link to Recording of the Event

(Pix © Larry Catá Backer 2016)

It was my great pleasure to host a presentation and discussion of Nicholas Roland and Matthew Spaniol's exciting new article--"The Future Multiple," which appears in Foresight, Vol. 17 No. 6 2015, pp. 556-573. 

The presentation for graduate students and faculty at Penn State's University Park campus,  provided an opportunity to speak to emerging issues of corporate foresight, futures planning, scenario design, and the conception and utilization of these devices as tools of managing states, enterprises and other groups.  The theoretical and conceptual foundations of scenario design touches on aspects of political theory, regulatory governance, the character of representation in political systems, and the nature of law.  It is method, a theoretically coherent approach to management in regulatory systems and more.  And, of course, it suggests a managerial and political engagement with time. I was privileged to serve as the discussant for the event.

A recording of the presentation may be accessed via this link: HERE. It is well worth listening.

The abstract of the article and short bios of the authors follows.

Transnational Law: What’s in a Name? Launch Symposium of the Dickson Poon Transnational Law Institute

For those in London next week I am happy to pass along an announcement of the inauguration of a great new project with global impact--

The Transnational Law Institute at The Dickson Poon School of Law will celebrate its inauguration with a Symposium, Transnational Law: What’s in a Name? The Launch Symposium will feature short presentations by legal scholars and practitioners as well as anthropologists, sociologists, political scientists and historians to reflect on the origins and the current state of the debate around ‘transnational law’ as a field of doctrine, global legal practice and critical reflection about the role of law in governing border-crossing risks and challenges.

Presentations begin at 3:45 and, with an intermission, at 5:30, conclude at 7:15. A reception with music and drinks follows.

A list of speakers and the programme can be found here.

The inauguration promises to be an exciting event. My congratulations to Peer Zumbansen who joined The Dickson Poon School of Law, King’s College London in July 2014 as the inaugural Professor of Transnational Law and founding director of the Dickson Poon Transnational Law Institute.

The Dickson Poon Transnational Law Institute is made possible by the £20 million gift from Dr Dickson Poon CBE. With the support of this gift, The Dickson Poon School of Law is establishing itself as a global leader in transnational law – pioneering an approach to law that moves our thinking beyond national jurisdictions and academic boundaries to find new solutions to pressing global problems. (here)

 The remainder of the post includes the program for the conference and information about the TLI posted by Kings.

Flora Sapio, "Where's the Crisis in China's Legal System," TNote (Torino World Affairs Institute) No 10 (April 2016)

(Pix © Larry Catá Backer 2016) 

 

 

We have been considering Jerome A. Cohen, “A Looming Crisis for China’s Legal System: Talented Judges and Lawyers are Leaving the Profession, as Ideology Continues to Trump the Rule of Law,” Foreign Policy (February 22, 2016)).

Part I: Larry Catá Backer
Part II: Flora Sapio
Part III: Jean Mittelstaedt
Part IV: Shaoming Zhou
Part V: 中外学者对中国法治改革的关注与讨论.
Part VI Sun Yuhua
Part VII White Jade; (English Version HERE)

A summary of some of out thoughts as well as additional insights have just been published.  My thanks to Flora Sapio for an excellent essay, Flora Sapio, "Where's the Crisis in China's Legal System," TNote (Torino World Affairs Institute)  No 10 (April 2016).  Professor Sapio starts:

A recent article by Jerome Alan Cohen on “A looming crisis for China's Legal System”, which appeared on Foreign Policy, has sparked a discussion among European, American, Chinese scholars and practitioners of Chinese Law. The intellectual leadership of Jerome Alan Cohen over Western studies of Chinese law and the clear vision he has established for the field led to a passionate debate over the nexus between law and politics in China, and on what is most critical about China’s legal system.

The essay follows. 

Active Shareholding and Global Governance in the Economic Sphere: "Sovereign wealth funds push for higher hedge fund standards"

(Pix © Larry Catá Backer 2016)

Despite their sometime vocal protestations to the contrary, sovereign wealth funds, and the states that use them, have increasingly sought to leverage their financial power to develop strong and interconnected governance frameworks within the areas in which they are most active--corporate governance, standards of investing and the management of market integrity (here, here and here). Sovereign wealth funds have started to act as development funds (eg here, and here) and as the institution through which public international law and normative standards are domesticated within the societal sphere (eg here). This is accomplished not through the usual levers of the state, but through the exercise of market power in private economic activity (eg here). Private economic power has been separated from the public exercise of regulatory authority by states (eg here).

Since the development of the Santiago Principles, powerful SWFs have also sought to act collectively, first through the International Working Group of Sovereign Wealth Funds (IWGSWF) and currently through the International Forum of Sovereign Wealth Funds (IFSWF). Their initial objective was to manage popular opinion, and to protect their power to project public wealth into private markets. To that end they sought to develop an ethos of private-in-public activity; that they would participate in markets like other private market participants, and for roughly the same objectives--leaving policitcs to public bodies.  But not. . . it seems. . .  leaving regulatory governance to the public sector as well. 


Now it appears that SWFs, through the the IFSWF, has started to flex their collective muscles to effect regulatory engagement in private markets on a global level in coordination with other but this time private collective market actors. IFSWF is reported to have signed an agreement with a the Hedge Fund Standards Board, to change governance standards in the alternative investment industry. What makes this agreement noteworthy is its regulatory effect: an international organization of SWFs has entered into an agreement with a private standard setting organization to refine the regulation of a portion of the securities markets ostensibly to better protect the integrity of markets.

The news story describing the transaction, the IFSWF press release and my brief comments follow. 

Part 8 (The Social Self and the Family)--Dialogues on a Philosophy for the Individual: The Social Self

(Pix © Larry Catá Backer 2016)

Flora Sapio (FS), Beitita Horm Pepulim (BHP), and I (LCB) continue our experiment in collaborative dialogue. We move from the individual to the social self as we work toward a philosophy of the individual. While at first blush this appears to be well worn ground--who hasn't, over the course of the last 5,000 years, in every civilization with a recorded history NOT spent vast amounts of time thinking about the social self? But much of this thinking starts at the social and works through the issues of control, management and socialization of the individual. That is, they start from the core premise that the individual is the object of a project for which the social serves as an instrument and as an ends. In the spirit of the emerging philosophy of the individual, we propose to invert the conversation--to start with the individual and work through the issues of control, management, and individuation of the social.

But we move from the individual in herself, to the individual as subject and as symbol, as something which, when observed and transformed from itself to the idea or symbol of itself, assumes a quite distinct, and useful, position for the organization of selves--and for the structure and operation of the law of the social. To that end our conversation will likely flow around and through the following:

1--the social self as the reflection of the mother
2--the social self as a reflection of the family
3--social self as a reflection/result of one's ancestors
4--the social self as a reflection of God
5-the social self as a refection of the state
6--the social self as terrorist
7--the social self as orthodox

This conversation, like many of its kind, will develop naturally, in fits and starts. Your participation is encouraged.

In this post Flora Sapio (FS) responds to earlier comments (Part 4) and speaks to the social self as a reflection of the family.

Contents HERE.

“For the Game. For the World.” FIFA and Human Rights--John Ruggie's Report on FIFA and Human Rights Now Available

In December 2015 I considered the formidable task soon to be faced by John Ruggie, the former Special Representative of the UN Secretary General for Business and Human Rights, the principal architect of the U.N. Guiding principles for Business and Human Rights. 

 Does FIFA have autonomous responsibility to respect human rights in its activities?  Does FIFA have a responsibility to engage in substantial human rights due diligence respecting the operations of all entities (and states) with which it deals in connection with its activities? If banks are increasingly understood to have a responsibility to respect human rights in the context of its lending activities ought sports leagues to bear that same responsibility, and if so to what extent?  These are the questions that now face the architect of the U.N. Guiding Principles for Business and Human Rights as John Ruggie is tasked to formulate "human rights requirements for World Cup hosts and sponsors of the scandal-tarnished governing body."  (Associated Press, Human Rights Requirements for World Cup Hosts, FIFA Sponsors,  The New York Times, Dec. 15, 2015).  By March 2016, he "will provide a report in March showing how business and human rights principles he conceived for the United Nations can speedily become part of FIFA's statues." (Ibid). (FIFA's Responsibility to Respect Human Rights--John Ruggie to Report in March 2016 on Incorporation of the UN Guiding Principles for Business and Human Rights to Sports League)

I suggested that the UN Guiding Principles, and its responsibility to respect human rights ought to extend to sports leagues and non-governmental organizations operating as an enterprise--irrespective of their profit motive or the character of their activity. It was the institutional architecture of their aggregated activity that ought to trigger the responsibility (see also here, here, and here).

Professor Ruggie, working with SHIFT, has now produced his Report, “For the Game. For the World.” FIFA and Human Rights. It may be accessed here.

The Press Release from SHIFT follows along with the Abstract of the Report. My commentary will be posted shortly.

New Publication: "Corporate Social Responsibility in Weak Governance Zones", Santa Clara J. Int'l L.14: 297 (2016)

(Pix (c) Larry Catá Backer 2015)

I am happy to announce the publication of my article, "Corporate Social Responsibility in Weak Governance Zones", Santa Clara Journal of International Law 14: 297 (2016). The article touches on the emergence of standards, at the international level, to provide guidance to enterprises which operate in territories in which there is conflict or in which the structures of government do not provide a base level of authority or legitimacy. The issue is acute in those regions of the world where conflict or breakdown of rule of law systems has made impossible any reliance on the authority of the state or its institutions. In those cases, the enterprise might well be the only form of organized activity that may have authority to act in the role of the state. The standards suggest the emergence of a general set of internationalized norms or rules that enterprises may apply, drawing from the domestic legal order of the place in which they operate but applying the rules of the domestic legal order in ways that would make them compatible with international consensus--to the extent that such exercise is possible.

The abstract and introduction follow. The full article may be accessed here.

Just Published: Papers Delivered at the International Law Symposium: "Critical Global Business Issues: When Theory Meets Practice"

(Pix (c) Larry Catá Backer 2015)

It was my great pleasure to have participated in the 2015 Symposium sponsored by the Center for Global Law and Policy and the Journal of International Law at Santa Clara University School of Law. The symposium brought together a strong and diverse group of people to speak to issues around the symposium theme: "Critical Global Business Issues: When Theory Meets Practice" (discussed HERE).

The Santa Clara Journal of International Law has just published the papers produced for that Symposium.  They are quite interesting and worth a read, especially for those working on issues of business "regulation" beyond the state or those interested in the ways in which international standards may be seeping into the once well protected fortress of domestic corporate law. 

The articles with links for easy access are set out below.