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: