All posts by drliste

Talk: Professor Shirley Scott

Prof Shirley Scott (University of New South Wales)

Climate Security and the UN Security Council

Thursday, July 2, 2015, 12.15 pm
Allende-Platz 1, Raum 250.

Over the last decade there has been an evolving debate both within the United Nations and within the scholarly literature, as to whether it would be feasible and-or advantageous for the United Nations Security Council to consider climate change as within its purview. Given that irreversible global warming is underway and that this will inevitably have multiple global security implications – and indeed, that the Council has to some degree already addressed the issue – such a debate has become anachronistic. This presentation will review some of the factors that need to be taken into account in moving beyond a binary discussion of whether or not the Security Council should consider climate change. It maps four broad categories of action, situates the Council response to date within those categories, the liklihood of each being perceived as legitimate, and the prospects for an increased Council role in future.

Two Contributions to the Verfassungsblog published in a New Book

Blog_BookTwo of my contributions to the Verfassungsblog have been published in: Steinbeis, Maximilian, Alexandra Kemmerer, Christoph Möllers, Eds. (2015) Krise und Konstitutionalisierung. Verfassungsblog I. Baden-Baden: Nomos.

Liste, Philip. Experten unter sich: Warum die Regierung findet, dass die Snowden-Affäre uns nichts angeht.

Liste, Philip. The Politics of Space: Kiobel v. Royal Dutch Petroleum.

New Publication in European Journal of International Relations

EJIR_coverMy paper on “Geographical Knowledge at Work: Human Rights Litigation and Transnational Territoriality” is now available (online first) at the European Journal of International Relations. Please click here.

Abstract: In April 2013, the U.S. Supreme Court has left a mark on the spatiality of law. In a decision on human rights violations in Nigeria, state territoriality served as a technique to rule out the application of transnational law against private corporations. Paradoxically, the private actor turned out being the primary beneficiary of this jurisdictional territorialism. Drawing on work in critical geography, the article argues that this was only possible against the background of a certain geographical knowledge as reproduced in the course of legal practice. The corporate production of space consisted in a “private use of territoriality” to resist the extraterritorial application of law and thus transnational state regulation. During a spatial analysis of a number of the 82 amicus curiae briefs to “Kiobel v. Royal Dutch Petroleum,” the article reveals how the geographical configurations of our contemporary order do not only withstand transnational challenges but are even reproduced transnationally by a multiplicity of state and non-state actors. While international law builds upon and reproduces territoriality as a foundational principle of global normativity, it also provides the means for the doing away with territoriality. In order to demonstrate how legal practice contributes to a critical reproduction of normativity on different scales (national and international, local and global), the article establishes a spatial gaze on transnational relations at work.

Keywords: Alien Tort, Kiobel, territory, space, transnational relations, international law, human rights, transnational corporations, courts

Annelise Riles to talk at CGG Lecture Series (Hamburg), Dec 17

CGG Lecture SRileseries: Contestation, Knowledge, Practice: Contributions to the Debate in Global Governance, Constitutionalism and World Society

Mi. 17. Dezember 2014, 18:00 c.t. Uhr
ESA-1, Hörsaal C, Edmund-Siemers-Allee-1

New Approaches to International Financial Regulation:
What Legal Scholars and Policymakers Can Learn from
Critical and Anthropological Studies of Knowledge,
Contestation and Practice

Professor Annelise Riles, Cornell University Law School, USA

What has happened to scholarship on international financial regulation since the global financial crisis? This paper maps out core debates suggestive of the new intellectual terrain that emerged out of the global financial meltdown. I argue that the old-consensus in neoclassical economic theory has given way to a new mainstream institutionalist legal literature, which I term the Reformist approach. This post-crisis shift of focus parallels developments in the fields of international political economy, and law and development. I argue that this Reformist literature could benefit from further engagement with what I term the “New Approaches” literature in international legal theory and in the anthropology and social studies of finance.

Annelise Riles is the Jack G. Clarke Professor of Law in Far East Legal Studies and Professor of Anthropology at Cornell, and she serves as Director of the Clarke Program in East Asian Law and Culture. Her work focuses on the transnational dimensions of laws, markets and culture across the fields of comparative law, conflict of laws, the anthropology of law, public international law and international financial regulation. Her most recent book, Collateral Knowledge: Legal Reasoning in the Global Financial Markets (Chicago Press 2011) is based on ten years of fieldwork among regulators and lawyers in the global derivatives markets. Her recently published article Managing Regulatory Arbitrage: A Conflict of Laws Approach in the Cornell International Law Journal in June 2014 explores what conflict of laws can contribute to global financial regulation.