Spring 2006
Friday-Saturday, April 21-22, 2006: Workshop: "The Rise of New Governance and the Transformation of Law"
206 Ingraham Hall
Co-sponsors: Wisconsin Project on Governance and Regulation
(WISGAR), the European Union Center, the Center for World Affairs and
the Global
Economy (WAGE) Governance Project and the Global Legal Studies Initiative
Invitation Only
In recent years
the US and Europe have seen the emergence of a new approaches to state-society
relations. Critics of government regulation and the administrative
state from the left and right have called for alternatives to conventional
top-down, command and control regulatory systems. Innovations have been
introduced and older non-traditional approaches given new emphasis. Devolution,
public-private partnerships, negotiated regulation, network creation, coordinated
data collection, benchmarking, monitoring, feedback, and revisable standards
are being tried out. The whole phenomenon is often referred to as "new
governance" although some of these techniques have been around for
a long time.
Because these approaches have been presented as alternatives
to traditional "command
and control" regulation, this growing emphasis on "new governance" may
lead to a restructuring of relationships among markets, government, society
and the professions and change the way modern law is created and administered.
For some, these changes are modest and supplemental. From this viewpoint,
new governance emerges because there are a number of discreet areas, issues,
or political constellations that make it necessary to supplement traditional
legal modalities. But, in this view, these innovations will leave the core
of the legal order intact. For others, however, new governance may be a supplement,
but it is a Derridian "dangerous supplement," one that provides
a fundamental challenge to the theory and practice of law that may lead to
major transformations.
The workshop is designed to examine the debate over the origins and nature
of new governance and its potential impact on legal theory and practice.
For more information, please contact Patrick Cottrell (mpcottrell@wisc.edu).
Monday, April 24, 2006: Marshall-Monnet Lecture "The Turn to Governance in EU Environmental Law"
Joanne Scott
Professor of European Law and Director of the Centre for Law and Governance
in Europe
University College London
Visiting Professor of Law and John Harvey Gregory Lecturer on World Organizations
Harvard Law School (2005-06)
Noon - 2:00 p.m.,
Lubar Commons (University of Wisconsin Law School Room 7200)
Free CLE credit: Approved for 2.0 hours of general Continuing Legal Education
Credit by the Wisconsin Board of Bar Examiners. Register on site -- Advance
registration is not required and there is no fee.
Comments by Panelists: The lecture will be followed by comments
by Carin Clauss, Nathan P. Feinsinger Professor of Labor Law, Mary Schlaefer,
Executive Assistant
to the Secretary, Wisconsin Department of Natural Resources, and Mark McDermid,
Bureau Director, Cooperative Environmental Assistance, Wisconsin Department
of Natural Resources. David Trubek, Voss-Bascom Professor of Law & Senior
Fellow, Center for World Affairs and the Global Economy (WAGE), will serve
as host and moderator.
Lunch provided: A light lunch will be provided starting at 11:45 on a first
come, first served basis -- Brown bag attendees also welcome.
Sponsors: The European Union Center of Excellence, the Global Legal Studies
Initiative, the Center for World Affairs and the Global Economy (WAGE), the
Wisconsin Project on Governance and Regulation (WISGAR), and the International
Institute Governance Research Circle.
Abstract: The EU is in a period of intense experimentation in environmental
policy-making. This is signified by two distinct trends; a move towards economic
instruments in the form of emissions trading, and a preference for governance
over command and control. This experimentation reflects the contested nature
of the EU project, and legitimacy as well as effectiveness concerns in environmental
policy-making. In the governance dimension, it is marked by institutional innovation
in the form of multi-level collaborative problem solving, and by the emergence
of a unique form of federalism. This implies a transformation in the nature
and role of law, including a marked proceduralisation and increasing recourse
to soft law. This lecture will examine the nature of environmental federalism
in the EU, and some elements of the turn to governance. It will do so by reference
to practical examples, including impact assessment, integrated pollutio n prevention
and control (IPPC), and water policy. It will highlight some of the challenges
that environmental governance presents for law and for lawyers.
Joanne Scott joined the Faculty of Law at University College London in July
2005, after teaching at the University of Cambridge and Clare College, Cambridge.
She is a regular visiting professor at Columbia Law School, and is visiting
at Harvard Law School during 2005/06. Professor Scott's main areas of research
are in EU Law, WTO Law, and the interface between the two. She is particularly
interested in law and new approaches to governance, with a specific interest
in environment and public health. She is currently preparing a commentary on
the SPS Agreement. This will form part of an OUP series of commentaries on
the various WTO Agreements. She is also part of a Framework 6 research team
looking at New Modes of Governance in the EU, and specifically at the legal
dimension thereof. For further details, see http://www.eu-newgov.org/.
Professor
Scott's recent publications include the following: Law and New Approaches
to Governance in the EU and US (co-editor with with Grainne de Burca) (Hart
Publishing, forthcoming, 2005); "International Trade and Environmental
Governance: Relating Rules (and Standards) in the EU and the WTO" (2004)
15 European Journal of International Law 307-354; "European Regulation
of GMOs: Thinking about Judicial Review in the WTO" Holder and Freeman
(eds.), Current Legal Problems (Oxford University Press, 2005); and "Mind
the Gap: Law and New Approaches to Governance in the European Union" (2002)
European Law Journal 1-18 (with David Trubek).
Monday, April 24, 2006: Workshop on Health and the European Union
"Public
Health and Comparative Health Policy in the EU: A Transatlantic
Dialogue"
Guest Speakers include Tamara Hervey (Professor of Law, Nottingham)
Francisco Sevila (OECD) and Canice Nolan (European
Commission) with comments by US scholars and practitioners. Cosponsored by the
European
Union Center of Excellence, the Center for Global Health (CGH), the
Center for World Afairs and Global Economy (WAGE), the UW Law School
Health Project, the Global Legal Studies Initiative, and the Institute
for Legal Studies.
A reception will follow the presentations.
3:00 - 6:00 p.m. Health Sciences Learning Center
For more details please
contact Sebnem Ozkan at the EU Center of Excellence:
eucenter@intl-institute.wisc.edu
Friday, May 26 - Saturday, May 27, 2006: Workshop on Law and New Approaches to Governance, University College London
Download Program (pdf, 272k)
In May 2006 the Centre for Law and Governance in Europe will host a workshop on Law, Constitutionalism and New Governance in the EU, co-organized by Joanne Scott, Grainne de Burca and Dave Trubek.. This forms part of a broader Framework 6 project on new modes of governance. See: http://www.eu-newgov.org/ At this time a public roundtable discussion on the theme of law and new approaches to governance will also be held. Details of this will be posted nearer the time. In addition draft papers prepared for the workshop will be available on this site.
Participants will include scholars in the UCL Centre for Law and Governance in Europe, and others, including Kenneth Armstrong (QMUL), Claire Kilpatrick (Cambridge), Louise Trubek (Madison Wisconsin), Neil Walker (EUI), and colleagues from Columbia Law School. The meeting brings together the legal task force of the project, and members of other groups and other disciplines will also participate in the proceedings.
The May 2006 meeting forms the third stage in a broader project on Law and
New Approaches to Governance in the EU and US. The first stage resulted in the
publication of a special issue of the European Law Journal (March 2002). For
the introduction go to:
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=312488
The second stage was comparative in nature and will lead, in 2006, to the publication of an edited volume (co-editors Grainne de Burca and Joanne Scott, Hart Publishing) examining 'Law and New Approaches to Governance in the EU and the US'. The table of contents and introduction to this volume, and the chapter by Joanne Scott and Jane Holder, are available here: