2019 IGLP Scholars Workshop


About the Workshop

We are excited to announce that The IGLP Scholars Workshop, hosted and sponsored by the Thailand Institute of Justice, will take place in Bangkok, Thailand from January 6-10, 2019!

The IGLP Scholars Workshop is an intensive, regionally-focused residential program that brings together an international cohort of young doctoral scholars, post-doctoral scholars and junior faculty for intensive collaboration, mentoring, and cross-training.

IGLP’s signature Workshops aims to strengthen the next generation of scholars by placing them in collaboration with their global peers as they develop innovative ideas and alternative approaches to issues of global law, economic policy, social justice and governance. The 2019 IGLP Scholars Workshop focuses on how these issues related to ongoing legal and policy debates throughout Asia and across the world, while offering unparalleled opportunities to strengthen participants’ writing and research.

The Application

We encourage participation from scholars across Asia and worldwide who would benefit from intensive collaboration with their global peers and IGLP’s junior and senior faculty. Applications and at least one letter of recommendation must be submitted by Friday, September 21, 2018. 

The Format

The IGLP Workshop offers a unique scholarly format. The core Workshop experience offers the opportunity to engage in peer-to-peer mentoring and cross-collaboration with global colleagues while strengthening and further developing an unfinished research project in our signature Writing Workshops. Admitted participants have the opportunity to:

  • Participate in “streams,” intensive mini-courses led by IGLP faculty, to review current scholarly developments and reconsider canonical texts
  • Attend plenary roundtables and lectures on engaging topics related to global law and policy
  • Learn IGLP’s methodology for offering feedback, presenting research, and more
  • Participate in cultural and networking events

The Writing Workshops

Intensive writing workshops form the core of the IGLP Scholars Workshop. These workshops are organized to promote learning from others working on similar projects as well as to promote cross training by engaging with projects different from one’s own.

Each day, participants meet in small groups to share their own scholarship and discuss their ongoing research. This small-group format allows participants to engage on a one-on-one basis with their peers and specialist faculty members, as well as to share ideas and receive feedback on their work. Participants will be assigned to a group and paired with a partner to comment on each other’s projects. Each of the writing workshop groups are led by a member of IGLP’s Faculty and a member of the Senior Faculty will also offer feedback. The 2019 Writing Workshop Conveners are:

Madelaine Chiam (Australia) La Trobe Law School
Chris Gevers (South Africa) University of Kwa-Zulu Natal
John Haskell (United States) Mississippi College School of Law
Richard Joyce (Australia) Monash University
Vidya Kumar (Canada) University of Leicester
Rose Parfitt (Australia) Kent Law School
Mohammad Shahabuddin (Bangladesh) Birmingham Law School, University of Birmingham
Arm Tungnirun (Thailand) Chulalongkorn University
Cait Storr (Australia) Melbourne Law School
Andrea Leiter (Germany) Melbourne University & Vienna University

The Streams

The 2019 Workshop Streams and Faculty are listed below. (Please click the arrow to view descriptions)

Comparative Legal Policy in Asia – Regulation of Markets and Enterprises
Hisashi Harata (Japan) The University of Tokyo
Margaret Woo (United States) Northeastern University

 Asia has always presented itself as a challenge to the western   liberal legal order. Recent rise in nationalism and the race to market dominance, however, have led to movements towards illiberal law around the world and also in Asia. This stream will examine some of these trends with a Case-Study on antimonopoly law and policies.

This stream deals with legal policies on markets focusing on antimonopoly laws in East Asia.  Anti-monopoly laws are generally deemed by the West as one of the main tools for regulating global cartels. By preventing collusive practices, anti-monopoly laws are said to promote fair competition for the benefit of consumers.  But cartels can and actually have different roles in relation with national economic policies. In some countries such as China cartels work in coordinating and developing the economy under the direction of political powers. Anti-monopoly laws then can diverge among national legal systems in terms of their actual role and function.

In addressing these issues, our focus will be to take an inward and outward perspective of Antimonopoly law. In the first session, this stream examines how anti-monopoly policies can often be in tension with domestic industrial policies, and how anti-monopoly serves the more political goal in legitimizing central authority. As inward analysis, we will focus on contextualizing Antimonopoly Law and its real role and function in each jurisdiction.  

In the second session, we take a more outward looking perspective to see how and if national antimonopoly laws can check global cartels overreaching national boundaries.  As outward analysis, we address the issue of how to constrain cartels closely connected and/or controlled by sovereign powers.  As such, we also ask whether the “western” frame of rule of law that emphasizes a limited government and the public/private divide fits the East Asian model.  Indeed, we ask whether East Asia’s “illiberal” anti-monopoly law should instead by viewed as an alternative model.

We take as our main case-study, Animal Science Products, Inc., et al. v. Hebei Welcome Pharmaceutical Co. Ltd, et. al. (commonly known as the Vitamin C case), brought against Chinese pharmaceuticals for anti-trust violations in the U.S. federal courts.  The Chinese defendants claimed the Foreign Compulsion defense — that they should be shielded from liability because they had been ordered by the Chinese Ministry of Commerce to set a price floor for vitamin C exports.  This case also calls into consideration issues of comity in cases of global cartels, and the extent to which one foreign government’s statement about its own laws should be conclusive in another country’s courts.

Corporations in Global Society
Dan Danielsen (United States) Northeastern University School of Law
Sundhya Pahuja (Australia) University of Melbourne

In this Stream, we will look at the evolution of the corporation as an institution and explore some of its complex contributions to the organization and governance of social, economic and political life across the globe from the 16th century to the present.  In the first session, we will suggest ways in which a richer understanding of the history of the corporation as a governance institution can illuminate contemporary patterns of global ordering.  In the second session, we will turn to contemporary corporate ordering through a case study of focused on the Rana Plaza factory disaster in Bangladesh and global supply (or value) chains.

Criminal Justice
Osama Siddique (Pakistan) Law and Policy Research Network
El Cid Butuyan (Philippines) University of Hawaii

Effective criminal justice reform thinking and implementation requires deep appreciation of national contextual realities as well as meaningful adaptation of what has proven to work well across national boundaries. In this stream we will develop an analytical framework to examine reform projects from multiple lenses: historical, sociological, institutional, legal, geographical and knowledge/data focused. We will evaluate reform as not only as a technocratic domain but equally as a political phenomenon and strategy. Informed by select international literature, our collaborative learning method will emphasize vital actual experiential insights from our diverse faculty as well as seasoned participants.

Driving Safely on China’s One-Belt-One-Road
John Ohnesorge (United States) University of Wisconsin

Much of the discussion surrounding China’s One-Belt-One-Road program (OBOR) has focused on China’s objectives, whether it will attain those objectives, and problems that have arisen in specific participating countries. This stream will assume that OBOR will continue, and will ignore how, or whether, OBOR benefits China. We will focus instead on identifying conditions that might allow participating countries to benefit from OBOR, based on their specific circumstances and what we have observed so far about how OBOR functions. Participants will gain an overall picture of OBOR to date, and will share experiences that their own countries may have had. We will then engage in practical exercises designed to identify conditions under which recipient countries can ensure that OBOR works to their benefit.

Global Regulation, Finance and Tax Policy
Dennis Davis (South Africa) High Court of Cape Town
Robert Chu (United States) Sullivan & Cromwell LLP
Wei Cui (China) University of British Columbia

This stream will explore the forces which structure the global regulatory terrain.   We will consider the tension between global, regional or bilateral trade regimes and the policy space for national regulation; as well as the vastly unequal power of different national regulators, all of whom affect economic life beyond their borders in ways they have and have not anticipated.   We aim to help participants map, navigate and alter the complex global regulatory terrain affecting their economic development objectives.   

Human Rights & Social Justice
Ratna Kapur (India) Queen Mary University of London
Vasuki Nesiah (United States) New York University
E. Tendayi Achiume (Zambia) University of California, Los Angeles Law School

This stream will explore the relationship between violence and human rights law and advocacy. Human rights are often imagined as placing limits on violence.  But they are also used to legitimate violence and to facilitate the exercise of violent power by individuals and states. We will explore this relationship by considering different forms of violence—spectacular, structural, slow, and revolutionary – and the role of human rights both in attending to and normalizing that violence. We will consider several case studies around issues such as the environment, trafficking, and religion

Law and Development
Helena Alviar (Colombia) Universidad de los Andes
Deval Desai (United States) Graduate Institute, Geneva
Ermal Frasheri (Albania) Harvard Kennedy School

This Stream investigates legal reform strategies geared towards inducing economic growth and social welfare in developing countries. We will consider a range of approaches to government and markets and the influence of international legal regimes for trade, investment and human rights. We will explore the role of law in economic and social theories of development, the global and intellectual context that channels the range of development reform, and recent shifts in development theory and state practice.   We will focus particular attention on choices: alternate legal arrangements which may open alternate trajectories for development with different patterns of inequality or social justice. 

Law, Labor and Inequality
Karen Engle (United States) University of Texas at Austin
Kerry Rittich (Canada) University of Toronto Faculty of Law

This Stream investigates policy and legal reform questions surrounding work in an interconnected, globalized economy. Considering a case study around forced labor, we will examine the context in which forced labor arises, the ways it is connected to the organization of work in transnational supply chains, and the many actors – from local to global – who are touched by or implicated in these practices.

State and interstate policy is typically designed with an eye toward several, sometimes competing, objectives: promoting economic development as well as social welfare and the protection of workers’ rights. We will explore the multifaceted role of law in relation to these complex policy objectives in the context of labor, with a particular focus on law’s distributive effects on different actors. Looking at recent trends in legal advocacy and policy at both domestic and global levels, we will consider the range of tools available to address forced labor and other bad labor practices, with special attention to the ability of those tools to attend to structural inequalities.

Mapping Geographies of Authority and Power
Nikolas Rajkovic (Canada) Tilburg Law School

The iconic “World Map” has conditioned the way international lawyers visualize the relationship between authority and global space. Yet, that geopolitical picture is losing real-world traction.When the United Nations Charter was signed in 1945, New York was the only megacity on the earth with a population of over 10 million. By the year 2030, two-thirds of humanity and three-quarters of the globe’s corporations will be located in 40 megacities. International order is rematerializing beyond what modern cartography has long insisted is the map of geopolitical and geo-economic reality. This interdisciplinary stream seeks to conceptualise and visualise the unfolding materialism and inscription of international order today. 

Poverty and Social Inclusion: The Challenges of “New Poverty”
Luis Eslava (Colombia and Australia) Kent Law School
Lucie White (United States) Harvard Law School

Poverty is becoming more complex than the absence of basic resources. Today it often means living at the margins of social organization; in a world of precarious employment, global inequality and the increasing securitization of daily life. This stream will explore the political economy and ethnographic realities of this “new poverty” and the polices, macro and micro, which affect it and try to deal with it. To sharpen our focus, we will begin by examining contemporary policies aimed at achieving the social inclusion of young criminals in Latin America (often poor young racialised males involved in, for example, drug trafficking and mobile phone theft) and the assumptions, mechanics and unexpected outcomes of such policies.

Property, Informality and Blockchain Technology
Jorge Esquirol (United States) Florida International University College of Law
Outi Korhonen (Finland) University of Turku

Property takes different forms and serves different functions. This stream focuses on informal property interests: squatter holdings, agrarian reform beneficiaries, profit expectations of foreign investors. Our stream explores the nature of these claims. Are these inferior forms of property, mere expectations that may or may not ultimately be formalized, legally enforceable alternative social relations ?  Additionally, the stream focuses on blockchain technology. Will this new technology have the effect of truncating the questions above ?  Will blockchain technology inexorably narrow the range of standard property rights, or rather provide for more diversity in structuring legally protected interests?

Science and Technology Studies
Ben Hurlbut (United States) Arizona State University
Sheila Jasanoff (United States) Harvard Kennedy School

This stream will focus on the relationships among science, technology, and political power in contemporary policy making. The modern state’s capacity to produce and use scientific knowledge is significant both in the production and maintenance of political order and in shaping or justifying the choices faced by policy elites.   We will focus on the role of scientific knowledge in policy-making oriented to environmental “sustainability.” 

The Political Economy of Private Law
Horatia Muir Watt (France) Sciences Po Law School
Robert Wai (Canada) Osgoode Hall Law School

This stream will examine the role of private law – both nationally and transnationally – in structuring global political and economic affairs.  We are particularly interested in the political choices embedded in private law regimes as they affect inequality and opportunities for development.  We will also consider the relationship between formal or official entitlement schemes and the unofficial and often informal world of customary law and social norms for the economic life of both the global poor and the global elite. 

Trade Policy
Andrew Lang (United Kingdom) London School of Economics and Political Science
Mark Wu (United States) Harvard Law School

The legal terrain for trade has undergone a series of reorientations over the last decades, from multilateral to bilateral, to regional – and now to a complex and variegated set of overlapping regimes.  We will consider the political – and economic – stakes involved for nations with various perspectives and economic strategies as they engage the regime.   Our aim is to help clarify the choices embedded in current regions and options for their productive contestation and change.

Universal Principles and Local Customs: Child Abduction in East Asian Family Law
Guenter Frankenberg (Germany) Goethe-Universität Frankfurt am Main
Mika Yokoyama (Japan) Kyoto University

The stream will focus on the problems raised by child abduction in broken marriages. In historical and comparative perspective we will deconstruct the logic of paradigmatic court rulings (King Solomon, People’s Judge Azdak, ICJ) as well as the counter-pull between universal legal documents and local customs in selected Asian family law cases.

Guest Lecturers

Professor Surakiart Sathirathai

Radhika Coomaraswamy

Problem Labs

Problem Labs will be incorporated into the curriculum design of the 2019 TIJ-IGLP Workshop for Emerging Leaders and Scholars on the Rule of Law and Policy in order to increase integrative and enriching learning experience between policymakers and young academics drawn from diverse fields of work. Participants will be divided into 6 problem lab teams (equally between emerging leaders and scholars). Each team will consider one regional issue area and apply what they have learned. As a result, teams will propose innovative solutions to address issues at hand and present their findings/solutions to their peers. The curriculum is comprised of a total of two sessions, including:

  • Session 1 – Problem Labs Breakouts (2 hours)
    • 1 hour: TIJ representatives/experts will present issues, along with national/regional backdrop for discussion. IGLP faculty members will provide global context, international good/best practices to solve the problems, as well as link them to concepts of the rule of law and sustainable development framework.
    • 1 hour: Team discussion and brainstorming session to analyze issues and produce innovative approaches to address those issues.
  • Session 2 – Plenary (1.5 hours)
    • Chosen representatives will debrief the issues and viable solutions to all of the participants. 

2019 Problem Labs:

  • Cyber Security and Emerging Crimes in Asia Pacific
    • New forms of digital technologies and communication platforms are creating opportunities for and easing the conducts of both legal and illegal businesses and online activities.
    • Law enforcement and justice institutions need to adapt to changes in this new landscape. It is crucial to understand how technology is used to plan and commit crimes, as well as how it is used to prevent, detect and improve investigation techniques.
    • With increasing connectivity and cross-border mobility in the region, ASEAN will need to ensure that appropriate safeguards are in place in order to deal with old and new cybersecurity threats to protect citizens and businesses, as the country moves towards economic regionalization.
  • Digital Technology for New Opportunities
    • Innovations in digitization, big data analyticsartificial intelligence (AI), and automation are creating performance and productivity opportunities for business and the economy. With every aspect of our lives digitalized, there are major concerns that our personal data could be misused by authorized or unauthorized entities.
    • General Data Protection Regulation (GDPR) are designed to harmonize data privacy laws across region and to protect/empower all citizens’ data privacy will ultimately reshape the way organizations across the region approach data privacy. It is expected to set a new standard for consumer rights regarding their data, but companies will be challenged as they put systems and processes in place to comply.
    • Making sure that digital gains are accessible to all could provide significant value.
  • Access to Justice
    • Access to justice is a fundamental human right. An estimated four billion people around the world live outside the protection of the law, mostly because they are poor or marginalized within their societies.
    • Access to information is a powerful tool that holds great potential in promoting the rule of law and the attainment of other fundamental human rights. ICT and technology are critical tools to enhance access to the law, and ultimately access to justice, and provide an opportunity to reach millions of people using fast and often more economical technology.
    • Legal empowerment—the ability of people to understand and use the law for themselves—enables even those who are most vulnerable and marginalized to achieve justice, meet their basic needs, hold authorities to account, protect their interests and participate in economic activities in an inclusive manner.
  • Financial Inclusion and Inequality
    • Access to financial products and services is becoming more attainable than ever, especially for consumers that live in rural locations or regions without the structures of a modern economy. Fintechcan make these products and services more accessible, as well as more affordable by lowering the cost of doing business for the financial institution.
    • Fintech can be used to achieve financial inclusion objectives and create efficiencies in the market in terms of costs, transparency, trust in institutions and provide stronger consumer protection regimes.
  • Anti-corruption
    • Government transparency not only generates government accountability but also leads to a reduction in government corruption, bribery, and other malfeasance. It allows for the dissemination of information and helps citizens form meaningful and informed policy decisions.
    • Greater public participation is beneficial for efficient democracy in that it positively correlates with government transparency. This ultimately produces greater knowledge and societal progress.
    • As a part of anti-corruption efforts, governments have been utilizing innovative technologies, such as open data platforms, as a tool to create a culture of transparency and accountability.
  • Women’s Empowerment
    • It is important for democracy and justice to have women on all levels and in all functions in the justice system, as a reflection of one half of humanity.
    • Women as “justice makers” entails how women’s participation in justice professions is both an expression of a broader participation of citizens in the public sphere, as well as an innovative means to promote women’s rights.

 Thailand Institute of Justice Workshop for Emerging Leaders

The Thailand Institute of Justice and the IGLP convene a concurrent workshop for selected emerging policy professionals during the IGLP Scholars Workshop. Together, the two Workshops offer a unique environment for discussion between policy professionals and the most innovative young scholars undertaking research in their respective fields.

The TIJ Workshop for Emerging Leaders offers a unique opportunity for practitioners from different sectors to engage with their global peers in policy dialogue facilitated by a network of international and interdisciplinary faculty from the TIJ and the Institute for Global Law & Policy at Harvard Law School. This intensive week is designed exclusively for young and successful professionals to unlock the complex and dynamic linkages between the rule of law and policy making processes in the economic, political and social development at local, regional and international levels.

Like the IGLP Workshop, the TIJ Workshop focuses on peer-to-peer learning and the necessary skills for understanding the policies and initiatives that affect their lives and the world at large, while drawing upon the rule of law as a guiding framework. Participants have the opportunity to work with colleagues in TIJ Policy Workshop Teams to share their practical or policy experiences, brainstorm a range of innovative approaches to familiar challenges, and benefit from peer-to-peer engagement with guidance and mentoring from experienced faculty. They also participate in TIJ-IGLP streams offered by IGLP faculty to review current scholarly developments and engage in case-based learning while engaging with young scholars of law and policy from around the world.

About the Host and Sponsor

The Thailand TIJInstitute of Justice (TIJ) aims to promote excellence in research and capacity-building in crime and justice. Building on Thailand’s engagement in the UN Commission on Crime Prevention and Criminal Justice and the UN Crime Congresses, TIJ serves as a bridge that transports global ideas to local practice, including in enhancing domestic justice reform and the rules-based community within the ASEAN region. TIJ’s primary objectives are to promote the implementation of the United Nations Rules for the treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules) as well as other relevant UN standards and norms, especially those related to women and children. TIJ also gears its work towards important cross-cutting issues on the UN agenda such as the rule of law, development, human rights, and peace and security.