LOTF2011 | Jan M. Smits

23 – 24 June 2011 / Peace Palace / The Hague

Jan Smits

Beyond the State Monopoly: Making Law Work in Times of Globalisation

Two Sources of Information

1. HiiL main Research themes

– Highest courts

– Rule of Law

– Transnational Constitutionality

– Private Actors

– Criminal Process and International Crime

2. Course The Law of the FutureThe Law of the Future

Law of war: a law at war? On asymmetrical warfare

Hanneke Piters

Harmonisation or internationalisation of anti-terror laws?

Sarah Laser

Sweatshops: how to deal with in a legal way?

Marieke Klompe

Privatisation of warfare: how to stay in control?

Mira Smulders

Interference of the UN Security Council in internal matters: the case of the Special Tribunal for Lebanon

Lena Waloszek

Lessons from Libya: the ICC’s tightrope act in becoming a credible player in international criminal law

Justyna Wladarz

How to address the Challenges

of Globalisation?

Paradise Lost?

‘You have complained enough.

What would you do about it?’

Functional approach

Max Weber

Three Shifts

1. Privatisation of Law

2. Decoupling of substantive rules

and enforcement

3. Turn towards social sanctions

• Increasing importance of private actors

• Codification

1. Privatisation of Law

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Marriage Succession Mortgage Adoption

Taxes Termination of contract

Matrimonial property

Incorporation of Company

Formation of contract

Citizenship

2. Decoupling of substantive rules and enforcement

‘A theory of justice must

have something to say

about the choices that

are actually on offer.’

3. Turn towards social Sanctions

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