Forskningsseminarier i rättssociologi
- Tid: 13.15 - !6.00
- Plats: Allhelgona Kyrkogata 14 M, 223 62 Lund, Hus M, vån. 3, rum M331
Observera att seminarierna oftast hålls på engelska.
Dr. Vladislava Stoyanova, Post-doctoral researcher at the Law Faculty, Lund University. Title: Human Trafficking and Slavery Reconsidered.
The European Court of Human Rights has developed robust case law in a number of areas, but decisions relating to the rights of migrants not to be subjected to exploitation and trafficking are relatively scarce. In light of current events, including increased flows of migrants into Europe, and the evidence that migrants experience severe exploitation, there is a significant need for clear standards on how to measure and address migrants’ rights. This talk will explore the role of the European Court in this area and highlight overarching human rights protections for migrants, the ways that human rights bodies have interpreted and applied these rights.
Amanda Cheney, Postdoctoral Researcher, Department of Political Science Lund University. Title: Agency in International Order Transformation: Insights from the Appropriation of International Legal Discourse at the 1914 Simla Convention between Great Britain, China and Tibet
Transformation in the nature of international order has been described by International Relations theorists as the most disruptive type of change in international relations. Although it entails change in the nature of actors that constitute an international system, the processes by which international order is transformed on the unit level have not been adequately addressed by existing scholarship. This paper considers what factors determine the survival of individual polities following a transformation in international order by examining the status of Tibet after the collapse of East Asia’s historical Sinocentric world order, but before the establishment of the contemporary global state system. Specifically, it focuses on the 1914 Simla Convention between Great Britain, China and Tibet which (unsuccessfully) sought to formally define Tibet’s post-Sinosphere status through diplomatic negotiation, relying on a close reading of Chinese and English diplomatic records. Contrary to conventional wisdom that resolution was unattainable because of conflicting boundary claims, I find that Britain and Tibet were outmaneuvered by China’s shrewd instrumentalization of international legal discourse, which forestalled any concrete definition of the nature of China’s authority in Tibet. This research reveals that through the appropriation and manipulation of international legal discourse, individual actors possess a high degree of agency within the transformation of international order.
Dr. Acar Kutay, Research Fellow at the Faculty of law in Copenhagen. Title: Carl Schmitt in Turkey: Struggles over the Political Decision of the Turkish Republic
This paper examines the politics of constitutional change in Turkey with a particular focus on the Justice and Development Party’s (AKP) intent to reconfigure the constitutional identity of the secular state. Many commentators had considered the influence of the military and the judiciary over the elected governments as the greatest obstacles to Turkey’s democratization. However, when the politicians achieved to curb the power of the military and the judiciary, and when these institutions ceased to be obstacles for democratization, the regime has not become more liberal. In contrast, the country has drifted towards authoritarianism. The AKP has managed to take control of the state apparatus, establishing absolute control over executive, judiciary, and legislative branches of the government, as well as of the coercive forces. In so doing, the AKP/the president Erdogan attempts to reconfigure the state and society by antagonizing secular and conservative forces (old and new), which are locked in a constitutional battle over the political decision of the Turkish Republic. This attempt has as its object both the redefinition of constituent power (the legitimate source of the power that reconstitutes the state) and the forms of the constituted powers (the form of the political regime). Carl Schmitt’s socio-political approach to the constitution helps us understand the hegemonic struggles over the political decision concerning the revolution-restoration of the Turkish state, as this becomes the site of confrontation between different identities and political demands.
Sara Kalm, Associate Professor in Political Science at Lund University. Topic: “Social movements in global governance”.
Social movements have become increasingly important actors in international organizations and other forums that make up global governance. They are often directly involved as international organizations open up to consultation and other forms of cooperation with them. But they are also important actors in their own right, and not all of them are even willing to partake at the inside of global governance but instead choose to target them by protests and contention from the outside. This seminar will be dedicated to the role of social movements in global governance, with particular focus on explaining how these actors choose strategy. Most exemplifications will come from cases within the issue area of development, as discussed in the book by Civil Society and the Governance of Development by Sara Kalm and Anders Uhlin (Routledge 2015).
Rustam Urinboyev, Research Fellow in Sociology of Law. “Transnationalism in Illiberal Political Regimes: Uzbek Migrants in Russia”.
There is extensive literature on migrant transnationalism. However, the existing research on the topic emanates from the case studies of immigrant communities in the Western-type democracies, while we know little about the transnational practices of migrants in the illiberal political contexts such as Russia where labour migrants are subject to numerous human rights abuses and cannot engage in collective action. Given these differences we cannot assume that the theoretical perspectives from Western contexts may be applicable in Russia. These specifics of the Russian migration regime have implications for transnational migration literature, highlighting the need for context-sensitive understanding of migrant transnationalism. These questions will be explored with reference to author’s multi-sited ethnographic fieldwork in Moscow, Russia, and Fergana, Uzbekistan, conducted during January 2014 - October 2017.
Amin Parsa, Postdoc Researcher, Sociology of Law Department. Title: Immobile by algorithm: international law in the age of technological control of migration
Today the so-called refugee crisis is one of the most significant political, legal and humanitarian issues facing Europe. In 2015 alone the number first time asylum applications lodged within European Union reached a record high of 1,257,030. A near 50 percent increase compare to the year before. As Eurostat reports this number remained almost the same on 2016. Such great movement of people possess various logistic, political and legal challenges. In the current legal and political climate, one of the most common ways to combat both the humanitarian crisis as well as the logistic challenge of assessing such high number of applications is prevention of migrant entry into the European borders. One of the most recent methods for such practices is the use and development of digital technologies of mobility monitoring. For instance, development of electronic passports and smart borders together with the integrated digital platform of Eurosur can now produce real-time maps of migrant’s mobility and use collected data to predict possible risk groups and risk areas. However, such possibilities offered by the new technology can undermine the foundational principle of international refugee law; namely the principle of non-refoulement, which prohibits states from returning asylum seekers to grave harm. The current technological solutions allow European border security forces to act pre-emptively and before the state legal responsibility is triggered. As the result, the growing use of such technologies can reshape international law and affect human rights of the protection seekers negatively. What use for international law in the age of digital technologies? Can international law contain possible violence that the new technology can cause? And moreover, can new norms emerge from practices of the new technology? This project will answer such questions in the context of European border control operations and will offer a new understanding of the interaction between international law and technology.
Swedish Sociological Associations Annual Meeting in Lund with sessions on sociology of law.
Abel Polese, Senior Research Fellow, Institute for International Conflict Resolution and Reconstruction, Dublin City University Title: Studying informality on the edge of informality...and beyond
This presentation deals with the methodological, ethical and practical issues of the study of informality. It concentrates on three main aspects of the study of informality:
1) Why to study informality. By doing this we will explore the need to observe what I call “invisible” phenomena, meaning with that phenomena that seem to appear from nowhere. There is a tendency, among a number social scientists, to notice things only when they become visible, or official. Studying invisible phenomena means to explore the structures and dynamics underlying a given situation regardless of whether they are visible to people reading newspapers or not.
2) “corner of the eye” approach (Craciun 2008). Research on informality often emerges as a side effect of some other research. This is not by chance. Informality is not only difficult to notice but also to study, given the consequences for the observer and the observed. Questions on whether someone engages with informal practices, at the limit of the lawful, are not always easy to ask and gate keepers are not always available.
3) Reporting informality. Informality scholars are often marginalised into debates at the limit of social sciences. In an attempt to provide a critical view of situations often taken for granted, they run the risk of remaining at the edge of main debates. We will discuss whether and how this could be avoided.
Alaattinoglu, Daniela, European University, Florence. Title: Involuntary Sterilization and Castration in Sweden and the Nordic Countries.
In 1934, the first sterilisation act was enacted in Sweden followed by the first castration act in 1944. In 1972, Sweden became the first country in the world to enact legislation for the amendment of legally registered sex, however preconditioned on sterilisation. In the implementation of all these laws, voluntary and involuntary interventions have been made with legislative support. In 1997, Swedish newspapers reported on the historical, massive, eugenic ‘sterilisation projects’ of the welfare state – creating international, scandalous headlines. In 1999, the first Swedish ex gratia legislation was established to provide compensation for the people who had been involuntarily sterilised in 1935–75. Put under pressure by rights mobilisation from civil society, the Swedish Government in 2018 presents the Parliament with a Bill to, once again, adopt ex gratia legislation. The legislation will regulate compensation to the trans people who have been sterilised based on the legislative sterilisation requirement for amendment of legal sex (1972–2013). The involuntarily castrated have still not received any reparations from the Swedish State. The seminar discusses the Swedish practices of involuntary sterilisation and castration against the background of an increasingly strong social and legal rights culture. Casting a light on two other Nordic countries with similar histories of sterilisation and castration – Norway and Finland – the seminar poses the questions of how and why Sweden has developed a modern ex gratia legislative tradition where involuntary sterilisations have taken a central place; when the same is not true for its neighbouring countries. Pointing at a set of important legal and extra-legal factors, the seminar seeks to explore how involuntary sterilisation and castration have – or have not – become legal and remedial questions in the 21st century.
John Woodlock. PhD Candidate, Sociology of Law Department. Title: “Between Risk and Legal Accountability - Law and the Juridification of Safety Norms in European Civil Aviation Maintenance”. Startseminarium.