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SUMMARY:Act of State and the Limits of Adjudication - Professor Pat Capps 
 (University of Bristol Law School)
DTSTART:20181128T171500Z
DTEND:20181128T183000Z
UID:TALK109609@talks.cam.ac.uk
CONTACT:44502
DESCRIPTION:This work-in-progress paper concerns 'justiciability'\, or wha
 t is 'proper to be examined in a Court of Justice' (to take Dr Johnson's 1
 755 definition). Propriety refers to the conceptual\, pragmatic\, epistemi
 c or legitimate limits of adjudication as a means of social ordering. Ther
 e is a considerable lack of clarity about what these proper limits should 
 be in a well-ordered polity. The paper focuses in particular on ‘act of 
 state’\, one longstanding basis on which a court may consider a matter '
 non-justiciable'. 'Act of state' doctrine\, as it concerns both acts of th
 e Crown itself\, and acts of other sovereigns\, is bound up with the natur
 e of relations between branches of government\, especially as they involve
  foreign relations and acts abroad\; and with the relations between states
 . The paper takes recent judgments of the Supreme Court in Belhaj and Rahm
 atullah (2017) - dealing with the UK's role in Iraq\, Afghanistan and 'ren
 dition' of suspects for secret detention - as a foil for broader arguments
  about justiciability\, and the accommodation of the courts' role in uphol
 ding rights.\n\nABOUT THE SPEAKER : Pat Capps is Professor of Internationa
 l Law at the University of Bristol\, and has written widely on the working
 s of law beyond the state. \n\nABOUT THE SEMINAR : ** The seminar will pro
 ceed on the basis that participants have read the paper in advance. For a 
 copy of the paper (available one week in advance)\, or to join the seminar
  mailing list\, please contact md718. **\n\nThe Legal Histories beyond the
  State series is an initiative of the Lauterpacht Centre for International
  Law\, the Centre for History and Economics\, and the Cambridge Centre for
  Political Thought. It brings together historians\, political theorists an
 d lawyers who are interested in the social\, economic and political dimens
 ions of law in the early modern and modern periods. We focus on the ways i
 n which law and legal institutions order and organize space and people. Th
 is encompasses both imperial and international law\, and domestic public a
 nd private law in its manifold influences on the nature and form of relati
 ons across borders. We are interested in legal actors and institutions\, b
 oth national and supranational\; doctrines and concepts\, like jurisdictio
 n\; and also diverse forms of legal border-crossing\, including the migrat
 ion of people\, ideas and objects across time and place. Embracing new tre
 nds in legal and historical research\, we pursue the exchange of legal ide
 as in formal and informal contexts\, and the creation\, appropriation and 
 interpretation of law by non-traditional actors\, and in unexpected places
 .\n\nSome sessions will be devoted to discussion of new\, published work i
 n the field\, and others to the sharing of works-in-progress\, whether dra
 ft articles\, chapters or book prospectuses\, with a core group of scholar
 s from a variety of disciplines.\n\nAll are welcome.
LOCATION:Lauterpacht Centre for International Law\, 5 Cranmer Rd
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