Institute of Comparative LawWaseda University

Conference Program on Global Crisis and Global Legal Ordering

Held in a hybrid format (Japan International Dispute Resolution Center, JIDRC)
All speakers will be attending in-person unless otherwise stated.
Jointly organized by The Institute of Comparative Law at Waseda University, JSPS Study Group on ‘Global Constitutionalism’ at Waseda University (JSPS 18H03617) with assistance from JSPS Core-to-Core Program on ‘Asian Constitutionalism’ at Nagoya University (JPJSCCB-20190002), JSPS Study Group on Reconstruction of domestic constitutional order in the age of Globalization (JSPS MKK255H-2) at Keio University, JSPS Study Group on a plural, non-hierarchical and circulatory system for human rights protection (JSPS 18H03616) at Meiji University, and JSPS Study Group on Judicial Dialogue (JSPS 19H01415) at the University of Tokyo.

Day 1: 1 March 2023

3:00 p.m. – 3:30 p.m. Introduction

Welcome by Masanori Okada, Director of the Institute of Comparative Law

3:30 p.m. – 6:00 p.m. First Session: The War in Ukraine and Global Legal Ordering

(The Aim of this session)

Almost all abstracts agree on the major impact of the war in Ukraine on the current international legal order. Therefore, this session will discuss how we should understand the state of affairs as part of Agenda 1. ‘Peace, Climate Change, Global Inequality, and Global Legal Ordering’ mentioned in Call for Papers. There is no doubt that Russia’s military action was unlawful. On this assumption, this session will consider the meaning of the war in Ukraine from different perspectives.

(Chairpersons) Dimitri Vanoverbeke (The University of Tokyo, Japan), Takao Suami (Waseda University, Japan)

1. Julia Kapelańska-Pręgowska (Nicolaus Copernicus University, Poland) and Tetyana Antsupova (Supreme Court of Ukraine, Ukraine), United Nations as the promoter of peace, justice, and human rights, Is UNSC still fit for the purpose? (online)
2. Patryk I. Labuda (University of Zürich, Swiss), The War in Ukraine, International Law, and an Emerging Regional Ordering of Security
3. Mattias Kumm (WZB/Humboldt, Germany, and New York University, USA), Prerogative power and great power competition in international law (online)
4. Aiko Nakai (Osaka Metropolitan University, Japan), Is Current Global Legal Order Fair?:Legitimacy Crisis of Today, Power Politics in the Past
5. Anna Dolidze (Rabdan Academy, UAE), Estrangement, Silent Reception and Empowerment: Explaining Russia’s Approach to International Law
6. Marek Jan Wasiński (University of Lodz, Poland), The Glass Bead Game: How International Lawyers Unleashed the Ukraine War

6:00 p.m. – 7:00 p.m. Dinner break (Dinner boxes will be served for in-person participants)

7:00 p.m. – 9:30 p.m. Second Session: State-hood, domestic constitutionalism, and democracy facing the Global Crisis

(The Aim of this session)

This session corresponds to Agenda 3. ‘Nation-states, nationalism, and constitutionalism’ mentioned in the Call for Papers. Domestic constitutionalism constitutes the foundation of global constitutionalism and interacts with international law. Under the uncertainty surrounding the international order, what sort of situation is constitutionalism at the state level? While being aware of the correlation with the international legal order, this session will discuss issues or problems which domestic constitutions or constitutionalism encounter.

(Chairpersons) Hajime Yamamoto (Keio University, Japan) and Tomoaki Kurishima (Saitama University, Japan)

1. Mohammad Shahabuddin (University of Birmingham, UK), International Law and the Postcolonial State
2. Vlad Perju (Boston College Law School, USA), Transnational Constitutional Norms
3. Tamar Hostovsky Brandes (Ono Academic College, Israel), Global Constitutionalism from Below: Domestic Constitutionals and Transnational Commitments
4. Andrei Medushevskiy (National Research University, Russia) and Aziz Ismatov (Nagoya University, Japan), Legal Ordering in Central Asia: Strategies of Maneuvering between Global and National Priorities
5. Yaniv Roznai (Harry Radzyner Law School, Israel) and Amichai Cohen, Post-populist Populism (Israel)
6. Leigha Crout (King’s College London, UK), Constitutional Vitalization: Theories of Constituent Power in Autocratic States
   (Discussant) Yaniv Roznai (Harry Radzyner Law School, Israel)

Day 2: 2 March 2023

2:30 p.m. – 5:30 p.m. Third Session: Dialogue and Cooperation between International and National Constitutionalism for Human Rights and Climate Change

(The Aim of this session)

The third session corresponds to Agenda 2. Domestic Constitutionalism and International Society mentioned in Call for Papers. It will examine not only the complementary relationship between international and national laws which causes their mutual influence but also the state of the legal system which cannot be self-sufficient at either a national or international level in terms of human rights and climate change.

(Chairpersons) Akiko Ejima (Meiji University, Japan) and Yota Negishi (Seinan Gakuin University, Japan)

1. Polina Inozemtseva (Free University of Moscow, Russia), The European Court of Human Rights in the light of authoritarian turn in Russia: two decades of collaboration and conflict
2. Simone Pitto (University of Genoa, Italy), The “universal constitutionalization” of the food security and the vis expansiva of international law (online)
3. Rodrigo Castillo Jofré (Universidad de Las Americas, Chile) and Amaya Álvez Marin (Universidad de Concepción, Chile), Global constitutionalism of the environment and the commons in Latin America
4. Robin Ramcharan (Mahidol University International College and Asia Centre, Thailand), International Law and National Human Rights Protection System in Asia
5. Fabian Duessel (Constitutional Court of Korea, Republic of Korea), Fostering joint research between Asian constitutional courts: Global constitutionalism in practice?
6. Yifan Jia (Kong’s College London, UK), How do Magnitsky Sanctions Influence Global Human Rights Governance?
7. Akiko Ejima (Meiji University, Japan), Circulatory (global?) constitutionalism enabling every individual to access the human rights protection system

(Discussant) Anne Peters (Max Plank Institute for Comparative Public Law and International Law, Germany) (online)

5:30 p.m. – 6:15 p.m. Dinner break (Dinner boxes will be served for in-person participants)

6:15 p.m. – 9:15 p.m. Fourth Session: Future of Global Legal Ordering

(The Aim of this session)

While the first session examines the comprehension of the state of affairs as part of Agenda 1. ‘Peace, Climate Change, Global Inequality, and Global Legal Ordering’, this final session will concentrate on the future of constitutionalism beyond the state as well as international law. In order to explore global legal ordering, this session will try to further develop perspectives on both constitutionalism and international legal order.

(Chairpersons) Kaoru Obata (Nagoya University, Japan) and Keisuke Kondo (Kyoto University, Japan)

1. Prof. Dr. iur. Dr. rer. pol. h.c. Carl Baudenbacher (Partner Baudenbacher Law, Zurich/Brussels; Door Tenant Monckton Chambers, London; Visiting Professor LSE; Former President of the EFTA Court), Dejudicialisation of International (and National) Law? (online)
2. Obiora C. Okafor (John Hopkins University, USA), Africa in the Future of International Law and Order: A TWAIL Perspective
3. Marina Aksenova (IE University, Spain), Global Citizenship and the Right of Access to Justice
4. Carlos Arturo Villagrán Sandoval (Universidad Rafael Landivar, Guatemala), Challenges of an International/Supranational Constitutional Court: Global Lessons from the Central American Court of Justice
5. Qingxiu Bu (University of Sussex, UK), Pluralism vis-à-vis Exceptionalism: Reassessing the Beijing Model in the Constitutionalised Global Governance
6. Patrizia Hobbs (Brunel University, UK), Reconceptualising the principle of equality in the international legal order (UK) (online)
7. Nikolas M. Rajkovic (Tilburg University, The Netherlands), Don’t Look [Down]!, International Law and its Worn Geopoetry

(Discussant) Hans Lindahl (Tilburg University, The Netherlands) (online)

9:15 p.m. – 10:00 p.m. Closing remarks & Reception

Notes:

Each speaker will have 12 minutes. In any case, 15 minutes will be the maximum.
Each session includes a 10- or 15-minutes break.
Participants will write their questions or comments in Google Forms to be prepared for each session.

Venue:

The Japan International Dispute Resolution Center (JIDRC)
105-6405 Toranomon Hills Business Tower 5 Floor, 1-17-1 Toranomon, Minato-ku, Tokyo,
Japan (Access to this venue, please see https://idrc.jp/en/)

Registration:

Prior registration is mandatory for participation in this conference.
If you wish to participate, please register by filling out the following Google Form:
https://forms.gle/C2tdorDshDiiJtuS7

For all inquiries, please contact Ms. Ayaka Doyle ([email protected]).
You will be provided with information on access after your registration is completed.
Regarding in-person participation, as the number of available seats is rather limited due to the small capacity of the conference room, your participation will be admitted on a first-come-first-served basis. Only persons whose participation is confirmed by us will be allowed to join the conference in-person.