ICON S Conference 17 – 19 June 2016 Humboldt University Berlin

tomatic of whites’ addiction to privilege. Noting that
the United State Supreme Court has only once even
invoked the term “white backlash” despite its recurrence
throughout American history, Professor Smith
argues that this judicial reticence is due in part to
the Court’s participation in reactionary resistance to
civil rights progress. Using the diminished electoral
fortunes of Democrats during the Obama presidency
as a foundation, Smith argues that a new white
backlash is occurring just as the nation is accelerating
its transition from a white to a brown population.
The article explores how this demographic shift differentiates
current white backlash from past eras, as
evidenced by, among other indicia, the emergence of
a “new white nationalism” that has formed an imbricate
relationship with modern political conservatism.
8 SPACING INTERNATIONAL LEGAL
REGIMES: THE INTERACTION
OF ABSTRACT AND GEOGRAPHICAL
SPACES
Boundaries and spaces are defined by each other – this
is certainly true geographically, but it is also true in a
more malleable, epistemological sense where “boundaries,”
“limits,” “gaps” and “fields,” “cores” and “peripheries”
are applied to rules, events, systems and
belonging, among other abstract concepts. The use
of quasi-geographical language seems to be a central
part of legal and political analysis. It is also easy to mix
and even conflate geographical and abstract territoriality,
resulting in regimes that expand their power or
restrict their responsibility beyond the “limits” that they
otherwise profess. Our proposed panel investigates
the relationship and interaction between abstract and
geographical space, in four different settings.
Participants Péter Daniel Szigeti
Anna Elizabeth Chadwick
Jed Odermatt
Ida Ilmatar Koivisto
Name of Chair Maria Adele Carrai
Room UL9 210
Concurring panels 34
Péter Daniel Szigeti: The Illusion of Territorial
Jurisdiction
Common accounts of the development of territorial
jurisdiction follow a “rise and fall” narrative. Territorial
jurisdiction began in the mid-seventeenth century,
and declined due to technological revolutions in communications
and transportation, in the mid-twentieth
century. In its place, today, we have effects jurisdiction
ubiquitously. I claim that the “fall” in fact never happened.
There is in fact little difference between “strict”
territorial jurisdiction; the doctrine of continuing acts
(according to which an illegal action lasts as long as its
intended effects last); and effects jurisdiction (which is
also known as passive territoriality). The three doctrines
use the same methods, and are easy to convert into
one another, calling into question the entire territorial/
extraterritorial divide. The reason for this ambiguity is
that the law deals mostly with abstract concepts that
cannot be unambiguously located, such as events, actions,
intent, motivations, agency, responsibility.
Anna Elizabeth Chadwick: Overwhelming a
Financial Regulatory Black Hole with Legislative
Sunlight: Over-the-Counter Derivative Markets
and Limits to the Regulatory Imagination
Post-financial crisis, regulations are being developed
to respond to problematic trends in over-thecounter
(OTC) derivative markets. Underpinning the
new regulatory frameworks, however, is a pervasive
conception of these markets as a regulatory vacuum,
or a legal void. Taking issue with this presentation, I