WHAT Ius dicere in a globalized world, XXIV Biennial Colloquium of the Italian Association of Comparative Law, Colloquium & Call for Papers
WHEN Naples, June 15-17, 2017
WHERE Suor Orsola Benincasa University, Naples
Call for papers
The
colloquium intends to put the focus, from a comparative perspective, on some of
the following topics: 1. Can one agree on the statement that in the Western
world the notion of jurisdiction is considerably fragmented and is no longer
limited to the national State (or expression of public sovereignty) courts, and
is dispersed in a multiplicity of experiences? Private jurisdictions (such as
ADR, arbitration, sport courts etc.); and trans-national jurisdictions, set by
international treaties, or by lex mercatoria).
2. What
do we mean today, in the western world, by “jurisdiction”? What are its essential
features? Can the resolution of disputes still be considered the main function
of courts of law or should the traditional model of jurisdiction be enriched to
encompass the new role of courts in many social settings (e.g. transitional
justice and its emphasis on reconciliation)? Should one look essentially at the
formal elements [such as independence of the decisionmaker(s) and adversary
procedures], or at the functional role [e.g. adjudication which imitates
traditional court jurisdiction], or a legal-realist approach [jurisdiction is
what is perceived as such]?
3. To
what extent can/are Western models exportable/transposable in non-Western
contexts? To what extent have Western models of jurisdiction imported ideas
from non-Western traditions?
4. The
traditional notion of rule-of-law is strongly related to the control by the
courts and the enforceability of their decisions. Should the notion be adapted
to a changing reality?
5. What
is the effect of the fragmentation of jurisdiction on the traditional court system?
Are there consequences on the traditional (in continental Europe) distinction
between civil, criminal and administrative jurisdictions?
6. What,
if any, are the effects, both theoretical and practical, on the apportionment
of powers and functions with regard also to the branches of the legislative and
government? Is jurisdiction encroaching on Parliament and Government?
7. What
are the implications of those forms of jurisdiction directly challenging the role
of national States, e.g. those connected to international investment treaties (Investor-state
dispute settlement)? Do they represent a conditioning of State prerogatives
able to weigh upon State obligations towards their citizens?
8.
Increasingly contemporary societies are concerned with the administrative costs
related to providing access to justice, and jurisdictional procedures are seen
as a service dependent on budget allocations. What are the emerging models, and
to what extent are they circulating and hybridized? Is a global market for
judicial services feasible? Are “digital jurisdictions” an appropriate alternative?
9. Can
numbers and statistics help us to compare jurisdictions and jurisdictional models?
And how?
10.
Jurisdiction is intimately associated with effectiveness: can/should one compare/classify
models according to the degree of compliance, whether spontaneous or forced?
