The IGLP Asian Regional Workshop

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About the Workshop

The  IGLP Asian Regional Workshop, hosted and sponsored by the Thailand Institute of Justice, was held in Bangkok, Thailand from January 6-11, 2017. Inaugurated in 2015, the IGLP Regional 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 aim 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 2017 IGLP Regional Workshop focused on how these issues relate to ongoing legal and policy debates throughout Asia and across the world, while offering unparalleled opportunities to strengthen participants’ writing and research.


The Format

The IGLP Workshop offered a unique scholarly format. The core Workshop experience offered 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 had 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 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 formed the core of the Regional Workshop. These workshops were 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 met in small groups to share their own scholarship and discuss their ongoing research. This small-group format allowed 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 were assigned to a group and paired with a partner to comment on each other’s projects. A member of the IGLP’s Senior Faculty also offered feedback. Each of the writing workshop groups was led by a member of IGLP’s Faculty: Mohammad Shahabuddin (Birmingham University), John Haskell (University of Manchester School of Law), Charlotte Peevers (University of Glasgow), Shanthi Senthe (Osgoode Hall Law School), Rachel Rebouche (Temple University School of Law), Richard Joyce (Monash University), and  Markus Gunneflo (Lund University, Faculty of Law).


The Streams

A number of “streams,” or intensive mini-courses, were offered during the Workshop, allowing participants to convene around thematic areas of interest, review current scholarly developments and reconsider canonical texts. The stream topics were:

Human Rights

Faculty: Karen Engle (United States) The University of Texas Law School; Ratna Kapur (India) Queen Mary University of London

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 Society in Southeast Asia
Faculty: Melissa Crouch (Australia) University of New South Wales; Vanja Hamzić (Bosnia and Herzegovina) SOAS, University of London; Arm Tungnirun (Thailand) Stanford Law School

This stream will critically examine past and present legal traditions in Southeast Asia. Socio-legal scholars have been concerned with understanding and explaining the diversity and reality of legal pluralism in Southeast Asia. The stream will consider the concept of law and legal consciousness in the region through case studies of Thailand, Myanmar and Indonesia. Canvassing the complex religious, ethnic and state-based legal systems, the stream will explore the role that law plays in conceptions of rights, gender, sexuality and relationships.

Bandung, the South and International Law

Faculty: Luis Eslava (Colombia and Australia) Kent Law School; Michael Fakhri (Canada) University of Oregon School of Law; Vasuki Nesiah (United States) New York University

The Asian-African Conference held in 1955 in Bandung, Indonesia was part of the wave of struggle against European imperialism in the context of the Cold War. Drawing in part from radical popular sentiments and Asian and African diplomatic traditions, the Bandung Conference transformed international law and laid the foundations for what became the Third World project. In this stream, we explore the history and significance of this conference and of the traditions of global south solidarity and dissent. We will also examine the multiple ways in which the spirit of Bandung is – or can – be deployed in contemporary law and policy.

Private Law and Private Law Theory in the Global Economy

Faculty: Harata Hisashi (Japan) The University of Tokyo; Horatia Muir Watt (France) Sciences Po Law School; Mikhail Xifaras (France) Sciences Po Law School

What work does private law do in the global economy? Private legal theory informed the broad legal consciousness which spread around the world over the last two centuries, influencing both national and international public law. Today, the politics of global law is in large part a politics rooted in private legal ideas and traditions. But these foundational ideas mean different things outside their initial context.  We will explore the extent to which they suffer a  loss in translation in the global environment. After a discussion of three canonical readings, we will examine the Cambodian Blood Sugar case recently argued before the UK Court of Appeal to explore how private legal concepts let loose in the global economy create the conditions for delocalized industries run by multi-nationals, foreign investment without strings, massive land-grabbing, and transnational value-chains – all examples of the global operation of private law.

Comparative International Law: Pluralism

Faculty: Madelaine Chiam (Australia) Melbourne Law School; Rose Parfitt (Australia) Kent Law School; Teemu Ruskola (United States) Emory University School of Law

International law is home to multiple national and methodological traditions. This stream will examine international law not as a single, coherent language, but as a community of particular dialects, with ‘regional’ (‘Asian’, ‘South-east Asian’, ‘Thai’…) and ‘historical/ideological’ ‘indigenous’, ‘eurocentric’, ‘Marxist’…) dimensions. We will focus on texts which illuminate the experience of pluralism – including our own experiences confronting divergent traditions – with the aim of making explicit the political possibilities of comparativist and pluralist methods.

The Global Regulatory Terrain: Contemporary Issues

Faculty: Dennis Davis (South Africa) High Court of Cape Town; Hani Sayed (Syria) The American University in Cairo

The global regulatory terrain is a complex and conflicting field of norms and enforcement mechanisms with roots in legal arrangements which are public and private, national and international, formal and informal. This stream will map this terrain by focusing on the role of legal norms, institutions and expectations in shaping the distribution of economic gains across global value chains. We are particularly interested in law’s role in structuring the bargaining power and competitive position of actors participating in complex global production and distribution networks.

Finance and Development: The Silk Road Economic Belt Initiative

Workshop Liaison & Stream Coordinator: Narun Popattanachai (Thailand) Columbia Law School; Surakiart Sathirathai (Thailand) Former Foreign Minister and Deputy Prime Minister of Thailand; Leo Specht (Austria) Specht & Partner

The role of finance in development is widely acknowledged. Credit and debt are crucial to economic development from national infrastructure projects through investment in national champions and small or medium-sized enterprises to microcredit. This stream will examine the political economic impact of the new financial resources and institutional arrangements associated with the Silk Road Economic Belt Initiative and its impact on development, inequality and political possibilities from China and Southeast Asia through to Europe.

Labor, Debt and Development

Faculty: Jason Jackson (United States and Jamaica) Massachusetts Institute of Technology; Kerry Rittich (Canada) University of Toronto Faculty of Law

This stream will investigate the role of debt in labor markets in the developing world as modes of work and employment shift. We will focus on the policy challenges and choices opened up by recent experiences with microcredit lending in its various forms.

Distribution and Regulation in the Transnational Economy

Faculty: Dan Danielsen (United States) Northeastern University School of Law; Grietje Baars (The Netherlands) City University of London; Jason Yackee (United States) University of Wisconsin Law School

When considering problems of unequal distribution in the global economy we often assume it is the state’s role to regulate economic actors so as to resolve them. In reality, however, the economy is regulated, or governed, by a variety of actors – including the states, corporations, international NGOs and labor unions and many others. In this stream we will examine the complex, dynamic and sometimes competitive ways in which these various rule-makers or ‘normative agents’ operate, with a South Asian case study focus.

Law and Development

Faculty: Scott Newton (United States) SOAS, University of London; Alvaro Santos (Mexico) Georgetown Law

This stream will investigate 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.


Thailand Institute of Justice Workshop for Policy Professionals

The Thailand Institute of Justice & the IGLP convened a concurrent workshop for selected Policy Professionals featuring the following Focus Teams:

Criminal Justice System Reform and Implementation in the Developmental State

Faculty: Sinja Graf (Germany) National University of Singapore; Onur Ince (Turkey) Singapore Management University; Osama Siddique (Pakistan) Law and Policy Research Network

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 workshop 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.

Good Governance in the Public and Private Sectors

 Nikolas Rajkovic (Canada) Tilburg Law School; Günter Frankenberg (Germany) Goethe-Universität Frankfurt am Main

This team will explore the ways in which governance is performed in contemporary policy work.   We will focus on the role of law in governance as a site of choice rather than a ready-made solution to significant policy challenges. The limits of law, the unintended consequences of law and the importance of legal arrangements which may be difficult to perceive – private, informal, foreign – will all be considered. We will focus on the understanding what constitutions can and cannot do against corruption.

Informality, Development and the Challenge of Inequality

Faculty: Jorge Esquirol (United States) Florida International University College of Law; Yugank Goyal (India) Jindal Global University; Robert Wai (Osgoode Hall Law School)

This team focuses on issues of economic development and income inequality. The sessions are designed as group exercises that combine policy planning with intensive legal analysis. Professionals working directly on concrete public policy projects will have the opportunity to share their intended objectives and the means available to them, from their perspective, for their implementation. These may include both the traditional tools of policy planning, such as national laws and legal institutions, as well as informal tools such as reliably consistent social practices, deliberate official inaction, and long-standing areas of legal non-regulation.

Science and Sustainability

Faculty: Julia Dehm (Australia) University of Texas School of Law; Benjamin Hurlbut (United States) Arizona State University; Sheila Jasanoff (United States) Harvard Kennedy School; Usha Natarajan (Australia) The American University in Cairo

This team 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.”

For more information, please visit the Thailand Institute of Justice Forum website.


The Faculty

Faculty members from institutions around the globe joined us during the Workshop to contribute in a variety of ways:

Grietje Baars (The Netherlands) City University of London
Madelaine Chiam (Australia) Melbourne Law School
Melissa Crouch (Australia) University of New South Wales
Dan Danielsen (United States) Northeastern University School of Law
Dennis Davis (South Africa) High Court of Cape Town
Julia Dehm (Australia) University of Texas School of Law
Karen Engle (United States0 University of Texas School of Law
Luis Eslava (Colombia and Australia) Kent Law School
Jorge Esquirol (United States) Florida International University College of Law
Michael Fakhri (Canada) University of Oregon School of Law
Günter Frankenberg (Germany) Goethe-Universität Frankfurt am Main
Yugank Goyal (India) Jindal Global University
Sinja Graf (Germany) National University of Singapore
Markus Gunneflo (Sweden) Lund University, Faculty of Law
Vanja Hamzić (Bosnia and Herzegovina) SOAS, University of London
Hisashi Harata (Japan) The University of Tokyo
John Haskell (United States) Mississippi College of Law
Benjamin Hurlbut (United States) Arizona State University
Onur Ince (Turkey) Singapore Management University
Jason Jackson (Jamaica and United States) Massachusetts Institute of Technology
Sheila Jasanoff (United States) Harvard Kennedy School
Richard Joyce (Australia) Monash University
Ratna Kapur (India) Queen Mary University of London
David Kennedy (United States) Harvard Law School
Horatia Muir
Watt (France) Sciences Po Law School
Usha Natarajan (Australia) The American University in Cairo
Vasuki Nesiah (United States) New York University
Scott Newton (United States) SOAS, University of London
Rose Parfitt (Australia) Kent Law School
Charlotte Peevers (United Kingdom) University of Glasgow
Nikolas Rajkovic (Canada) Tilburg Law School
Rachel Rebouche (United States) Temple University School of Law
Kerry Rittich (Canada) University of Toronto Faculty of Law
Brishen Rogers (United States) Temple University
Teemu Ruskola (United States) Emory University School of Law
Alvaro Santos (Mexico) Georgetown Law
Surakiart Sathirathai (Thailand) Former Foreign Minister and Deputy Prime Minister of Thailand
Hani Sayed (Syria) The American University in Cairo
Shanthi Senthe (Canada) Osgoode Hall Law School
Mohammad Shahabuddin (Bangladesh) Birmingham University
Osama Siddique (Pakistan) Law and Policy Research Network
Leo Specht (Austria) Specht & Partner
Arm Tungnirun (Thailand) Stanford Law School
Robert Wai (Osgoode Hall Law School)
Mikhail Xifaras (France) Sciences Po Law School
Jason Yackee (United States) University of Wisconsin Law School

 


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.