The Globalisation of Inclusion and Exclusion
A PILAGG seminar with Professors Hans Lindahl and Jacco Bomhoff, with discussant, Professor Helena Alviar García.
Professor of Law at Tilburg University
Protracted and bitter resistance by alter- and anti-globalization movements shows that the globalization of law transpires as the globalization of inclusion and exclusion. Humanity is inside and outside global law in all its possible manifestations. How is this possible? How must legal orders be structured, such that, even if we can now speak of law beyond state borders, no emergent global legal order is possible that does not include without excluding? Is an authoritative politics of boundaries possible that neither postulates the possibility of realizing an all-inclusive global legal order nor accepts resignation or political paralysis in the face of the globalization of inclusion and exclusion?
Professor of Law at the London School of Economics
Mobility, in its many different forms – its restriction and its excesses, for individuals and for corporations – lies at the heart of many pressing challenges for contemporary constitutionalism. The legal treatment of mobility, however, is fragmented across many different specialized fields – from immigration law, to tax law, to international arbitration – to which constitutionalist concerns are rarely central. This talk aims to address this lacuna by sketching the contours of an ‘outward-facing constitutionalism’ which could provide the conceptual and normative means to scrutinize the constitutional implications of the regulation of ‘access’ and ‘exit’ for both individuals and corporate actors.
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