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Archive for March, 2013

Paolo Davide Farah, “China’s Influence on Non-Trade Concerns in International Economic Law”Socio-Legal Studies Association (SLSA) Annual Conference 2013 – Panel on International Economic Law and Development, University of York, 26-28th March 2013

Description of the Stream/Theme on International Economic Law and Development

Leaflet to download: University of York – SLAS – Panel on International Economic Law and Development – Conference Timetable-For Presenters

The concept of ‘development’ has long has been a key focal point of the rules and institutions that regulate the global economy. Development as a social, economic and political construct is deeply embedded within the lawmaking, policy formulation and adjudicative functions of international economic institutions, and often enrolled as a normative, prescriptive and constitutive force in the shaping of international economic law.

Contemporary events are once again shifting the multifaceted function and contested nature of development to the forefront of the international economic order. The coupling of a global recession with emerging conflicts over natural resources, climatic and environmental insecurity and the socio-political and military fragmentation of states is necessitating the prioritisation of an extended agenda for development in international affairs.

The convenors welcome proposals that use socio-legal approaches to address this broad theme of the place of development in international economic law. What are its theoretical and practical origins, meanings and futures? How is the concept of development articulated in international economic legal fora? Why does it matter? We hope to stimulate discussion and further collaboration on these areas among participants of the theme.

Stream/Theme: International Economic Law and Development

Tuesday  26th March  
10.00 Registration opens
10.30 – 12.30 York walk for early visitors
12 noon PG room opens
12.30 –14.00 Lunch
14.00 – 15.30 Session 1Title: Law, Development and Natural ResourcesChair:  Donatella AlessandriniPapers:

  • ‘The Cunning State Of Farmers’ Rights In India: An Epistemic Lock-In With Corporate Agriculture’, Dwijen Rangnekar, Warwick University
  • ‘Water Poverty, Sustainability and Human Rights: Situating the Person in Development’, Clare McCann, Northumbria University
  • ‘Whose Development Is It Anyway? A Discussion Of The Potential For Concepts Of Cosmopolitan Legal Pluralism To Address Tensions Between The Right To Development And The Impact Of Development Projects On The Rights Of Indigenous Peoples’, Louisa Riches, Leeds Metropolitan University
15-30 – 16.00 Refreshments
16.00 – 17.30 Session 2Title: IEL, Development and the EnvironmentChair: TBCPapers:

  • ‘Greening the Economy: A Story of Equity, Resilience and Resource Efficiency’, Jona Razzaque, University of Western England
  • ‘The ‘Green Economy’ Agenda, Foreign Investment And Development’, Priscilla Schwartz, University of East London
  • ‘Natural Seduction: Development and International Environmental Law’, Stephen Humphreys, LSE and Yoriko Otomo, SOAS
17.45 – 18.30 Plenary sessionLady Hale, Justice of the Supreme Court : “Should judges be socio-legal scholars?”
18.30 – 20.00 Evening Reception
Wednesday  27th March
08.30 Registration opens
09.00 – 10.30 Session 3Title: Law and the Juxtaposition of DevelopmentChair: TBCPapers:

  • ‘Lex and the Lexicon of Development’, Aurora Voiculescu, University of Westminster
  • ‘Reframing Development: Social Capital, Trust and the Law’, Clare Williams, SOAS
  • ‘Rescripting the Sovereign Debt Regime: The HIPC Framework and New Normative Values in the Governance of Third World Debt’, Celine Tan, Warwick University
10.30 – 11.00 Refreshments
11.00 – 12.30 Session 4Title: International Investment Law and DevelopmentChair: Bruce WardhaughPapers:

  • ‘Away from the Spotlight: BITs, Natural Resources and the Right to Water in Afghanistan’, Daria Davitti, Keele University
  • ‘‘Politically Motivated’ Conduct in Investment Treaty Arbitration’, Jonathan Bonnitcha, LSE
  • ‘International Economic Law, Culture and Development’, Valentina Vadi, Maastrich University
12.30 – 14.00 Lunch
13.00 – 14.00 SLSA AGM
14.00 – 15.30 Session 5Title:  IEL and Intersections with Development PracticeChair: Valentina VadiPapers:

  • ‘“Development as Freedom” and the Linkage of Human Rights to Trade: Is the EU’s Approach the Right One?’, Bruce Wardhaugh, Queens University, Belfast
  •  ‘Missing  the Link: A Gendered Perspective on Labour Regulation In Global Value Chains’, Ann Stewart, Warwick University
  • ‘Joining Law with Development: What do the Conjunctions Hide?’, Radha De Souza, University of Westminster
15-30 – 16.00 Refreshments
16.00 – 17.30 Session 6Title:  China and International Economic LawChair: Celine TanPapers:

  • ‘China’s Influence on Non-Trade Concerns in International Economic Law’, Paolo Davide Farah, Edge Hill University
  • ‘Do all roads lead to Rome? Competition Law and Development in New Competition Regimes’, Qianlan Wu, Nottingham University
  • ‘Access as the Gateway to Development’, Ting Xu, Queens University, Belfast.
17.30 – 18.30 Judging poster competition
19.30 – 22.30 Conference dinner – National Railway Museum  and SLSA Prize giving
Thursday  28th March
08.30 Registration opens
09.30 – 11.00 Session 7Title:Chair:Papers:
11.00 – 11.30 Refreshments
11.30 – 13.00 Session 8Title:Chair:Papers:
13.00 – 14.00 Lunch and end of conference
13.30 – 16.30 SLSA  Executive meeting
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For the leaflet click on :  Art and Heritage Disputes_Programme 14 01 13

Art and Heritage Disputes

Maastricht University- 24-25 March 2013

ART AND HERITAGE DISPUTES
CONFERENCE PROGRAMME

The conference aims to identify, map and critically assess the number of art and heritage disputes which have arisen in the past decades. The return of cultural artifacts to their legitimate owners, the recovery of underwater cultural heritage, the governance of sites of outstanding and universal value, the protection and promotion of artistic expressions, and the protection of cultural sites in time of war are just some of the issues which have given rise to art and heritage related disputes. Such disputes have involved a number of different actors arising among states, states and private individuals and individuals. As the regulation of cultural goods constitutes a good example of multilevel governance and legal pluralism, art and heritage related disputes have been brought before national fora, human rights courts and tribunals, international economic law fora and even before the International Court of Justice. Such disputes have certainly made headlines and attracted the varied interests of academics and policy-makers, museum curators and collectors, human rights activists and investment lawyers, thieves and guards, and artists and economists to mention a few. The conference will map these disputes and assess the contribution that these cases are offering to the development of international law in both its public and private dimensions.

The conference is co-organized by Professor Hildegard Schneider and Dr. Valentina Vadi.

Professor Dr. Hildegard Schneider is the Dean of the Faculty of Law at Maastricht University. She has lectured in art law for more than twenty years and has regularly convened international workshops and conferences on cultural law on an almost yearly basis. She has published a number of contributions in this field, and has co-edited (with Peter Van den Bossche) Protection of Cultural Diversity from a European and International Law Perspective (Intersentia 2008), and (with Valentina Vadi) Art, Cultural Heritage and the Market (Springer, forthcoming 2013).

Dr. Valentina Vadi is a Marie Curie postdoctoral Fellow of the Faculty of Law at Maastricht University. She has been awarded a Marie Curie Fellowship by the European Commission for the years 2011-2013 concerning cultural heritage in international law. She has published a number of contributions in this field and has co-edited (with Hildegard Schneider) Art, Cultural Heritage and the Market (Springer, forthcoming 2013). She is the author of The Cultural Wealth of Nations in International Investment Law and Arbitration (Cambridge University Press, forthcoming 2013)

The conference will be held on 24-25 March in Maastricht, the Netherlands. The conference papers will be published in the special issue Art and Heritage Disputes (co-edited by Valentina Vadi and Hildegard Schneider) of Transnational Dispute Management in the last quarter of 2013.

For registration and logistic information, please check the conference website: http://www.maastrichtuniversity.nl/web/Faculties/FL/Theme/ResearchPortal/Conferences/ArtAndHeritageDisputes1.htm
For further logistic information, please contact Mrs. Yleen Simonis at yleen.simonis@maastrichtuniversity.nl

SUNDAY 24 MARCH
SESSION I: INTANGIBLE HERITAGE

Chair: Hildegard Schneider (Maastricht University)

17:00-17:15 Introduction – Hildegard Schneider (Maastricht University)

17:15-17:30 James A.R. Nafziger (Willamette University) and Anastasia Telesetsky (University of Idaho)
The Intangible Heritage of Border-Related Treaties

17:30-17:45 Valentina Vadi (Maastricht University)
Language, Music, and Popular Culture in International Investment Law

17:45-18:00 Cheng Mao (University of Hong Kong)
Ethnic Dress, Global Fashion and the Law under the Veil

18:00-18:15 Paolo Farah (Edge Hill University) and Riccardo Tremolada (Edge Hill University and University of Eastern Piedmont) Desirability of Commodification of Intangible Cultural Heritage: The Unsatisfying Role of IPRs

18:15-18:45 Discussion

SESSION II: INTANGIBLE AND INDIGENOUS HERITAGE

Chair: Hildegard Schneider (Maastricht University)

18:45-19:00 Vittorio Mainetti (Graduate Institute, Geneva)
The New Frontiers of Cultural Heritage Law: the Safeguarding of Intangible Cultural Heritage and the Promotion and Protection of Cultural Diversity

19:00-19:15 Shea Esterling (Aberystwyth University)
Selling the Sacred: The Market in Indigenous Art and Artifacts

19:15-19:30 Kristin Hausler (British Institute of International and
Comparative Law)
The International Legal Framework Applicable to Foreign Claims to Indigenous Cultural Objects

19:30-20:00 Discussion

20:00 Speakers Dinner

MONDAY 25 MARCH
SESSION III: TANGIBLE HERITAGE

Chair: Fabian Raimondo (Maastricht University)

09:00-09:15 Michail Risvas (University of Oxford)
The Protection of Underwater Cultural Heritage: Multilateral v. Bilateral Approaches

09:15-09:30 Yannick Radi (Leiden University)

Identifying Culture and Shaping Expectations in International Investment Law

09:30-09:45 Anne-Marie Carstens (University of Oxford)
The Protection of World Heritage Sites during Armed Conflict

09:45-10:00 Sebastián A. Green Martínez (University of Buenos Aires) Dispute Settlement Mechanisms: Standing before the International Court of Justice

10:00-10:30 Discussion

10:30-11:00 Coffee break

SESSION IV: DISPUTE SETTLEMENT MECHANISMS

11:00-11:15 Eleni Polymenopoulou (Brunel University) 

Cultural Rights in the Jurisprudence of the International Court of Justice

11:15-11:30 Alessandro Chechi (University of Geneva)
Cultural Heritage Protection through International Adjudication

11:30-11:45 Sarah Sargent (University of Buckingham)
Protecting the Horse Culture of Indigenous Peoples of the American Plains: Dispute Settlement Mechanisms of the Inter-American and United Nations

11:45-12:00 Anne Laure Bandle (University of Geneva)
Fakes, Fears, and Findings – Disputes over the Authenticity of Artworks

12:00-12:30 Discussion

12:30-13:30 Lunch

SESSION V: ART RESTITUTION

Chair: Valentina Vadi (Maastricht University)

13:30-13:45 Jan Hladík (Chief of the UNESCO Cultural Heritage
Protection Treaties Section)

The UNESCO Draft Declaration of Principles Relating to Cultural Objects Displaced in Connection with the Second World War

13:45-14:00 Nicholas O’Donnell (Sullivan & Worcester LLP-Boston)
American Wartime Art Restitution Litigation in the 1990s and Beyond- Has it All Been Worth It?

14:00-14:15 Andrzej Jakubowski (Polish Academy of Science, Warsaw)
Restitution or Re-purchase? Critical Remarks on Recent Polish Art-Recovery Practice

14:15-14:40 Discussion

14:45-15:00 Sabrina Urbinati (University of Milan Bicocca)
Improving the Principle of Cooperation against Illegal Movements of Cultural Objects: Two Cases of Archaeological Objects Restitution from Italy to Bulgaria

15:00-15:15 Maria Vicien-Milburn, (Director of the UNESCO Office of International Standards and Legal Affairs), Asoid Garcia- Marquez, (Lawyer at the UNESCO Office of International Standards and Legal Affairs), and Athina Papaefstratiou Fouchard, (Associate at the International Arbitration Group of Freshfields Bruckhaus Deringer LLP, Paris),

The Role of UNESCO in the Resolution of Disputes Regarding the Recovery of Stolen or Illicitly Exported Cultural Property

15:15-15:30 Bruno S. Frey (Warwick Business School, Zeppelin University, Center for Research in Economics, Management and the Arts, Switzerland and University of Zurich)

Alternatives to “Legitimate Ownership” of Heritage

15:30-16:00 Discussion

16:00-16:30 Coffee break

SESSION VI: ART & PROCEDURAL/PRIVATE LAW

Chair: Valentina Vadi (Maastricht University)

16:30-16:45 Craig Forrest (T.C. Beirne School of Law)
Art and Heritage on Loan: The Role of Immunity in Dispute Resolution

16:45-17:00 S. I. Strong (University of Missouri)
Rubin Redux: Rights Balancing in Cultural Heritage Litigation

17:00-17:15 Christa Roodt and David Carey Miller (University of
Aberdeen)

Stolen Cultural Property: The Implications of Vitium Reale in Private Law and Private International Law

17:15-17:30 Christian Armbruester (Free University Berlin)
Private Law as an Instrument for the Protection of Cultural Property

17:30-18:00 Discussion and Conclusion

18:00 Drinks

For the leaflet click on :  Art and Heritage Disputes_Programme 14 01 13

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