Workshop Sessions on Regulatory Governance
The Berlin International Law & Society Conference will feature a series of sessions -- collectively, a "workshop" -- that will focus on the emergence of new forms of governance and their impact on regulation, all on Thursday, July 26th.
At the Berlin International Law & Society Conference we have organized a series of sessions -- collectively, a "workshop" -- that will focus on the emergence of new forms of governance and their impact on regulation.
Below is the schedule for the workshop sessions, all to be held on Thursday July 26th. A lunch session will also be held at 12:30 pm on Friday for any interested participants.
No registration is required beyond the general registration as a participant for the Berlin conference. The sessions we have organized are open to all attendees at the conference; you can attend one, some, or all of the workshop sessions. No advance registration is required for the lunch either; simply pick up your box lunch and go to the room indicated in the final program for the "Law and New Governance Business Meeting."
Cary Coglianese
University of Pennsylvania Law School
cary_coglianese@law.upenn.edu
Joanne Scott
University College London
joanne.scott@ucl.ac.uk
David M. Trubek
University of Wisconsin Law School
dmtrubek@wisc.edu
**********************************
Workshop Series on New Governance, Regulation, and the Law in
conjunction with the
Berlin 2007 International Conference
Humboldt University
Berlin, Germany
Thursday, July 26, 2007
New Governance introduces participatory, experimental, indirect and/or non-binding processes into regulatory spheres that have traditionally been managed using top-down, command and control regulation. These changes, which may lead to a transformation of law as traditionally understood, are controversial and experts are divided on their benefits and costs. In four linked sessions as part of Berlin 2007, scholars from several parts of the world will describe recent developments and analyze debates over new governance and the future of law.
1) Law and New Governance: Building Theory From Practice (8:15am to 10:00am)
Chair: Robert A. Kagan, University of California, Berkeley
(rak@berkeley.edu)
Discussant: John Braithwaite, Australian National University
(john.braithwaite@anu.edu.au)
The New Collaborative Environmental Governance
*Neil Anthony Gunningham, Australian National University
(neil.gunningham@anu.edu.au)
Courts as Catalysts: The Role of the Judiciary in New
Governance
*Susan Sturm, Columbia Law School (ssturm@law.columbia.edu)
Governance and Soft Law: Supra-State and Infrastate Interacting in a
New
Constitutionalism
*Joxerramon Bengoetxea, International Institute for the Sociology of
Law
(joxerramon@iisj.es)
Behavioral, Institutional, and Socio-legal Antecedents of
Decentralized
Enforcement in Organizations: An Experimental Approach
*Orly Lobel, University of San Diego (lobel@sandiego.edu)
*Yuval Feldman, Bar-Ilan University (yfeldman@mail.biu.ac.il)
Abstract:
New governance processes have developed in many substantive fields. The
original impetus varies: in some cases they emerge from informal
experiments; in others they represent an effort to avoid regulatory
impasses; in still others they are part of planned experimentation.
This panel will look at a variety of new governance processes in an
effort to tease out a theoretical structure adequate to account for
these developments and guide future efforts.
2) Regulation and New Governance (10:15am to 12pm)
Chair: Louise Trubek, University of Wisconsin (lgtrubek@wisc.edu)
Discussant: Stephanie Tai, University of Wisconsin (tai2@wisc.edu)
Post-political regulation
*Kerstin Jacobsson, SCORE, Stockholm University and South
Stockholm
University College (kerstin.jacobsson@score.su.se)
*Christina Garsten, SCORE, Stockholm University
(christina.garsten@score.su.se)
Comparing Emissions Trading and Emissions Regulation
*Gerd Winter, University of Bremen (gwinter@uni-bremen.de)
How Reflexive is the Governance of Regulation?
*Colin Scott, University College Dublin (colin.scott@ucd.ie)
Comparing Reflexive Regulation and New Governance: Some Examples
from Employment Law
*Hugh Collins, London School of Economics (h.collins@lse.ac.uk)
*Claire Kilpatrick, London School of Economics Law Department
(C.Kilpatrick@lse.ac.uk)
Abstract:
“New governance” denotes practices and procedures that affect actors’
behavior in ways that differ from conventional regulation. Because new
governance may be participatory, experimental, indirect and/or
non-binding, it differs from conventional top-down command and control
regulatory law. This panel will examine several new governance
processes and compare them with traditional regulatory approaches.
3) Law and New Approaches to EU Governance (12:30pm to 2:15pm)
Chair: David M. Trubek, University of Wisconsin (dmtrubek@wisc.edu)
Discussant: Bob Hepple, Cambridge University (bgh1000@cam.ac.uk)
EU Governance of Health Care and the Welfare Modernisation
Agenda.
*Tamara Hervey, University of Sheffield (t.hervey@sheffield.ac.uk)
Any New Governance? Juridification and Networks in EC Competition
Law
*Imelda Maher, University College, Dublin (imelda.maher@ucd.ie)
Ceci N'est Pas OMC: The Unresolved Ambiguities of EU Policy
Co-ordination
*Kenneth Armstrong, University of London (k.a.armstrong@qmul.ac.uk)
Reflexive-deliberative Polyarchy: Another Institutional Ideal for
European Governance?
*Stijn Smismans, University of Trento (smismans@libero.it)
New Governance in the GMO Regulation in the EU
*Patrycja K Dabrowska, University of Warsaw (p.dabrowska@uw.edu.pl)
Abstract:
This panel will explore the rise of 'new governance' approaches in EU
law, and will do so by reference to a range of substantive policy
areas, including health, regulation of biotechnology, social inclusion
and competition law. The papers highlight the significance and
pervasiveness of new approaches, and the issues they raise for how we
think about law in the European Union.
4) Featured Session: New Governance and Its Critics (4:30pm to 6:15pm)
Chair: Cary Coglianese, University of Pennsylvania
(cary_coglianese@law.upenn.edu)
Discussant: Bronwen Morgan, University of Bristol (B.Morgan@bristol.ac.uk)
Competitive Supragovernmental Regulation: How Can it Be
Democratic?
*Errol Meidinger, State University of New York at Buffalo
(eemeid@buffalo.edu)
The Rule of Law in the Experimentalist Welfare State: Lessons from
American Child Welfare Reform
*William Simon, Columbia Law School (wsimon@law.columbia.edu)
Global Governance and Local Constitutionalism
*Andras Sajo, Central European University (sajoand@ceu.hu)
Law and New Governance in the EU
*Joanne Scott, University College London (joanne.scott@ucl.ac.uk)
The Pluralisation of Business Regulation
*Christine Parker, University of Melbourne (c.parker@unimelb.edu.au)
Abstract:
New Governance introduces participatory, experimental, indirect and/or
non-binding processes into regulatory spheres that have traditionally
been managed using top-down, command and control regulation. These
changes, which may lead to a transformation of law as it has been
traditionally understood, are controversial and experts are divided on
their benefits and costs. In this session, scholars from several parts
of the world will describe recent developments and analyze the debate
over new governance and the future of law. This panel will explore
the
nature and rise of new approaches to governance in a number of
jurisdictions.
5) Luncheon for Workshop participants-- Friday 12:30—2:00pm
Our “workshop” will conclude with an informal lunch for interested
participants. The lunch will bring together participants in all four
sessions. It will create an opportunity for people from the CRN and
members of the informal new governance network to meet each other. It
will give us a chance to get to know each other better, discuss
the
results of the four sessions, and explore any ideas for follow-up. No
advance registration required. Workshop participants who wish to
join us for the luncheon should simply pick up one of the box lunches
provided for all conference participants and meet in the room
designated in the final program for the Law and New Goverance
meeting.
* * *
The workshop is organized by the University of Wisconsin-Madison’s
EU Center of Excellence, the Wisconsin Project on Governance and
Regulation (WISGAR), the Law and Society Association Collaborative
Research Network
on Regulatory Governance (CRN), the Centre for EU Law and Governance at
University College London, and the Penn Program on Regulation.