ICON S Conference 17 – 19 June 2016 Humboldt University Berlin

sity of private enforcement mechanisms in corruption
deterrence. This article first analyzes the historical and
functional development of private enforcement in the
EU. Secondly it explores the challenges of evidence
acquisition and provisional remedies from practical
perspective, taking the recent EU competition law directive
as an example. Private litigation serves as a
crucial complement to public enforcement, while in
case of anti-corruption it has in addition also greater
efficiency and deterrence effect.
85 OTHERNESS IN PUBLIC LAW
JUDICIAL SCENES
This panel proposes a multidisciplinary study of the
figure of the “extraneous body” in Public Law judiciary
scenes and of the handling of foreignness by the power
structures in charge of judging those bodies. By taking
both comparative (French Conseil d’Etat, International
Criminal Court, World Anti-Doping Agency, Supreme
Court of Israel) and multidisciplinary approaches (Procedural
Law, Theater Studies, Philosophy and Political
Theory and national and int’l Public Law), the objective
is to try to understand how bodies that are extraneous
to the public legal systems and their power dispositives
are “managed” and perceived in those scenes. The
proposal aims to try to systematize a reflexion on the
paradox to which all public judicial or quasi-judicial
bodies have been confronted with: how to judge bodies
that do not belong – or refuse to consider themselves
part of – the community they are being judged by?
Participants Pieter Bonte
Alphonse Clarou
Omer Shatz
Juan Branco
Name of Chair Juan Branco
Room DOR24 1.607
Concurring panels 127
Pieter Bonte: The Fremdkärper of the ‘doping
sinner’ in Sports Tribunal
Behind the facade of global consensus, a rising
tide of criticism is calling into question the legitimacy
of the zero-tolerance policy and the often draconic
procedures by which athletes are being forced to “stay
natural” and “stay normal”. For instance, legal scholar
Maxwell Mehlman has suggested that zero-tolerance
anti-doping norms involve a kind of undue protectionism,
namely a protectionism of the birth privilege of the
well-born. The argument goes that zero-tolerance antidoping
rules keep the playing field unleveled, ensuring
that the talented keep their edge over those who try
to overcome their lesser luck at birth through doping.
In this session, Pieter Bonte will develop the lead by
Mehlman and others further, asking whether the denunciation
of all doping, even healthy doping, might
indicate that modern sports are still being organized in
the hereditarian, social Darwinist spirit of Baron Pierre
de Coubertin, founder of the Modern Olympics.
Alphonse Clarou: Le conseil d’Etat and its extraneous
bodies
The proposal will rely on the analysis of two works
that respectively focus on the fabrication of the French
Public Law at the French Conseil d’Etat and on its handling
of an extraneous body: La fabrique du droit by
Bruno Latour and Le Chemin des morts by François
Sureau. The first work proposes an “insider” sociological
study of the functioning of the institution, whilst