ICON S Conference 17 – 19 June 2016 Humboldt University Berlin

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I Welcome statements 1 II ICON S Inaugural Governance 3 III Schedule 4 IV Map of Conference Venues 6 V Plenary Events 7 VI Concurring Panels 15 A Overview 16 B Panels Session I 26 C Panels Session II 43 d Panels Session III 77 e Panels Session IV 110 f Panels Session V 143 VII ICON S WP Conference Proceedings Series 179 VIII Service 180 IX Participants 190
ICON S Conference 17 – 19 June 2016 Humboldt University Berlin We extend a warm welcome to all participants in the 2016 Annual Meeting of ICON S, the International Society of Public Law. This will be our largest Annual Meeting since the foundation of the Society in 2013. The panels, roundtables and plenary events address the Conference’s overarching theme of “Borders, Otherness and Public Law” and other topics at the heart of contemporary public law inquiry. We are grateful to our Berlin hosts for their relentless hard work and creativity in putting together such a mega-sized event, and we thank our sponsors for their generous support. Most of all, we thank you, the ICON S members, for your overwhelmingly positive response to the call for papers this year, and for volunteering your time and energy to promote the success of the Society and its annual conference. Together, we have created what we believe is a first-rate, intellectually appealing program featuring scholars, jurists and policy makers from various disciplines and from literally four corners of the world. We hope that you enjoy it thoroughly! Gráinne de Búrca ( New York University ) and Ran Hirschl ( University of Toronto ) Co-Presidents, ICON S, the International Society of Public Law Welcome statements 1
Page 1: ICON S Conference 17 - 19 June 201
Page 5 and 6: ICON S Inaugural Governance The In
Page 7 and 8: Saturday 18 June 2016 Sunday 19 Jun
Page 9 and 10: EVENTs Plenary PLENARY Events 7
Page 11 and 12: FRIDAY 17 JUNE 2016 → UL6 Audima
Page 13 and 14: FRIDAY 17 JUNE 2016 → UL6 Audima
Page 15 and 16: saturday 18 JUNE 2016 → UL6 Audi
Page 17 and 18: concurring panels Concurring panels
Page 19 and 20: Panels Session i FRIDAY, 17 JUNE 20
Page 21 and 22: p. 61 30 RACIAL OTHERNESS IN EUROPE
Page 23 and 24: p. 94 57 IRREGULAR IMMIGRANTS ACROS
Page 25 and 26: p. 127 85 OTHERNESS IN PUBLIC LAW J
Page 27 and 28: p. 160 112 REFUGEE PRIVILEGE OR HUM
Page 29 and 30: 1 CONSTITUTIONALISM AND CONSTITUTIO
Page 31 and 32: 3 FIGHT OVER THE TURKISH CONSTITUTI
Page 33 and 34: 5 REGIONAL AND CONSTITUTIONAL STRUC
Page 35 and 36: 7 COMPARATIVE PERSPECTIVES ON THE L
Page 37 and 38: will demonstrate that OTC derivativ
Page 39 and 40: conditionality is still driven only
Page 41 and 42: mechanisms and practices of surveil
Page 43 and 44: on the income and social benefits o
Page 45 and 46: SATURDAY 18 JUNE 2016 9:00 - 10:45
Page 47 and 48: 17 WOMEN IN THE LAW Panel formed wi
Page 49 and 50: 19 WHO DRAWS THE BOUNDARIES? The Is
Page 51 and 52: Constitutional Court, which engages
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22 QUESTIONING HIERARCHICAL BOUNDAR
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The paper strives to present the po
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25 BORDERS & POPULATION DESIGN: TES
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versities? Who are the national aut
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28 COLLECTIVE MEMORY AND PUBLIC LAW
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Germans from the East, large guest
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ertheless, the introduction of this
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Orla Lynskey: The free movement of
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35 CONSTITUTIONALISM IN RUSSIA: COM
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are viewed as “other” by one an
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Matej Avbelj: On the Nature of EU C
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Christopher Alexander Thomas: Avoid
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ench. By so doing, the article atte
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SATURDAY 18 JUNE 2016 11:30 am - 1:
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44 CONSTITUTIONAL JURISDICTION, DIA
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Jaclyn Ling Chien Neo: Secular Cons
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47 COMPARING LAW(S) AND INSTITUTION
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49 SUSTAINABLE URBAN DEVELOP- MENT
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Johannes Eichenhofer: An alternativ
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Stephanie Law: The Constitutionalis
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offer an expansive protection of re
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had inherited from its Socialist pa
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Emily Ryo: Developing Legal Cynicis
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59 HUMAN DIGNITY AND “OTHERNESS
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explore the relation between securi
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62 THE NEXT LEGAL FRONTIERS IN EURO
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ies of government to limit and guid
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Jochen von Bernstorff: Ironic Const
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estricted to women, children and fa
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the court characterizes proportiona
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70 CONSTITUTIONAL IDENTITY IN TIMES
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72 DIFFERENCE DISAGREEMENT AND THE
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most important example is the Europ
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Philipp Kastner and Elisabeth Roy T
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Michèle Finck: The Right to the Ci
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small number of Pakistani belies th
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mark in the annals of international
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ing attention in the constitutional
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sity of private enforcement mechani
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Federico Caporale: Water Grabbing:
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88 THE INCLUSION OF “THE OTHER”
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ment’s purpose in enacting partic
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91 THE INTERNATIONAL RULE OF LAW -
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93 JUDICIAL DIVERSITY: A COMPARATIV
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95 LAW(S) OF REFUGEES II Panel form
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are at stake, administrative courts
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SUNDAY 19 JUNE 2016 9:00 - 10:45 am
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Zsuzsanna Gedeon: Constitutional co
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101 THE BLURRED BORDERS BETWEEN PUB
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contractual governance, this can ha
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104 RETHINKING SOCIAL INCLUSION WIT
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making, appearing to accord the pol
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is ambiguous. Some argue that globa
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109 THE LAW(S) OF WAR Panel formed
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in cars in order to generate unreal
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lum fit uneasily with the transnati
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Clemens Rieder: Boundaries and Soli
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116 THE RIGHT OF NON-CITIZENS TO CO
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118 THE TRANSATLANTIC TRADE AND INV
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120 OTHERNESS IN LATIN AMERICA: LEG
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Caitlin Goss: Constitutional drafti
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development of the political econom
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policy and legal framework around d
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Third, since the EU and the US have
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The ICON S Working Papers Conferenc
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Venue The 2016 ICON S Conference on
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Venues UL6 Unter den Linden 6 Main
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UL6 Unter den Linden 6 Main Buildin
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UL9 Unter den Linden 9 Law Faculty
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Floor 4 1.405 1.404 1.403 1.402 Flo
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A David Abraham University of Miami
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Pauline Endres de Oliveira Justus L
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Ingrid Leijten Leiden University 1
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Tilman Reinhardt Humboldt Universit
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Vanessa Wintermantel WZB Berlin Soc
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With the collaboration of Funded by
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ICON S Conference 17 – 19 June 2016 Humboldt University Berlin

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