A Collective Manifesto Developed at the Transnational Law Summit 1013 April 2018 Presented by the KTLS18 Programme Committee Questions so many questions Answers so few Where to begin ID: 782884
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Slide1
THE LONDON DECLARATION OF (TRANSNATIONAL) JUSTICE
A Collective Manifesto
Developed at the Transnational Law Summit, 10-13 April 2018. Presented by the KTLS18 Programme Committee.
Slide2Questions, so many questions.
Slide3Answers, so few.
Slide4Where to
begin
the development of impactful interventions?
Slide5With
friends
.
Slide6We have been thinking, listening, formulating.
This is what we have come up with.
Together.
Slide7THE LONDON DECLARATION of TRANSNATIONAL JUSTICE
A COLLECTIVE MANIFESTO.#KTLS18. 13 April 2018.
Slide8Slide91.
Humans inhabit a pluriverse of values and ways of being.
But, they live in a world of division, exclusion and violence.Law plays a crucial part in sustaining and reinforcing, but also in invisibilising these divisions. So, do lawyers. A PLURIVERSE, AND YET.
Slide10RETRAINING COMPETENCES.
2.
Lawyers must learn to grasp the world in its manifestations and their complexity. In order to craft impactful legal tools, which are responsive, inclusive and transformative, lawyers must recognize law‘s embeddedness in evolving normative regimes.
Lawyers can be agents change or defenders of still-stand. They can justify or challenge the reasons and desired outcomes of legal action.
Slide11LAW IS PART OF & MAKES OUR WORLD
3.
Law is embedded in a comprehensive and interdisciplinary quest for knowledge. This quest engages law‘s analytical tools, perception lenses and interpretative frameworks.
We need a critique of understanding which is at the heart of social / cultural theory, political philosophy and post-colonial studies today.
Lawyers (and, law students) should know that.
Slide12LAW: GOVERNANCE TOOL & SOCIAL THEORY
4.
By placing “law“ in the context of social theory and the critique of rights, power and violence, we deny law any privileged place. Instead we critically re-appropriate it as space, as critique, as technique, as tool.
We need to acknowledge law‘s inherent normative claim, but not to take it for granted or deem it universal.
Law will seek expression in different ways. “LAW“ should not make us blind or mute for these.
Slide13LAW:
ITS EVOLVING ACTORS,
NORMS & PROCESSES
5.
The struggle for law and justice today is transnational.
We need to relearn what we know about “law” and critically engage with the evolution of new legal
A
ctors
,
N
orms and
P
rocesses
on every level of human society – around the world.
Slide14THE SEDUCTION
OF NUMBERS
Slide15RESIST QUANTIFICATION.
6.
We need to engage and learn to resist
our
belief in progress and growth and in limitless opportunities.
But, ‘No Growth‘ is not the Answer.
In a universe
of ‘rankings’, algorithms and
the ‘quantification of everything’, we must b
reak
the spell of numbers, and shift
our
gaze
to
the
mess, to the disorder,
the unique and the plural
.
Slide16WE ALL HURT.
7.
We must learn how to see, to hear, to touch and to feel – the materiality of a volatile world and its hurting inhabitants.
Therefore,
we say:
Allow
yourself to feel pain, your
pain
and
distress
,
your sentiments
of being lost.
Open yourself to others and their distress
. And, be mindful
of your deafness, blindness and insensibility.
Slide17CRITICAL
MEASUREMENTS OF POWER & JUSTICE.
8.
Move from quantities to qualities
.
Use ‘alternative‘ methods of analysis, of mapping and representing qualities of poverty, physical & mental illness, inequality, social exclusion and marginalisation.
Facilitate, support and disseminate new modes of voice, imagery, sound and emotion
. But, pay attention to the generation
and implementation of power and “law”/law through different media.
Slide18CONNECT THE ISSUES. CONNECT THE ACTIONS.
9.
None of the problems facing the world can be understood
or addressed in isolation.
While being grave and overwhelming in their own right,
they are systemic and need systemic and interconnected
responses.
Slide19TAKE BACK
THE MARKET
Slide20ENGAGE A SOCIO-LEGAL CRITIQUE OF MARKET FUNCTIONS, ACTORS & NORMS.
10.
Property Rights are not natural, and neither are markets in the legal sense.
Markets are constituted by the allocation of rights, but
these are often tied
to implicit and naturalised pre-conceptions of ‘functioning markets’, from which understandings of economic & political agency are derived.
By de-objectifying markets, property rights can be reconceptualised as platforms
and as
invokable
claims of socio-economic emancipation in step with political rights.
Slide2111.
Labour law is in crisis, and this crisis is driven by external forces.
The
financialization of the past decades continues to strain and to exhaust many of the institutional and procedural ties that used to support collective systems of social protection.
The
transnationalization
of the economy through a global division
of labour,
‘branding’ and global
supply chains erodes traditional forms of labour organization
and employees’ rights protection.
THE LARGER CRISIS BEHIND
THE CRISIS OF
LABOUR.
Slide2212.
If labour rights are connected to formal work most working people in the world are excluded.
While the crisis in unionism, worker rights protection and labour law must revisit the struggle for and the seemingly irreversible loss of the welfare state, this ‘rise-and-fall‘ is incomplete.
A forward-going, transformative narrative of labour-oriented economic justice must be co-generated from within the vast sphere of informal work in the South and the North, not from a universalized, but only local Western experience.
DISPLACE THE “FORMAL” LABOUR PARADIGM.
Slide2313.
The
decline in workers’ protection and state-backed organisation is part of a comprehensive shift in political preferences and modes of economic governance.
Political
and socio-economic agency, based on gender equality, is key. This struggle – embedded in different ‘labour histories’ and experiences around the world – is a transnational one for economic justice
.
The
crisis
of ‘work’ and labour law will
only be resolved through a transnational
engagement
for social, economic and political rights.
TOWARDS TRANSNATIONAL ECONOMIC JUSTICE
.
Slide2414.
The more unequal a society the greater the social pathologies. Social pathologies come from and increase with a loss of collective empathy.
We must come together do counter the falling apart of society, of the communities that we could build and that will hold and sustain us.
INEQUALITY & BASIC INCOME.
Slide2515.
“Scarce capital” is a myth. Capital is produced by private banks and backed by our/the public’s creditworthiness. Let’s think of the public as the franchisor of banks.
Our call is one
for the d
emocratization of
finance from within the economic
system,
not from the outside.
The
volatilities, uncertainties and new vulnerabilities brought about by a globally financialized economy
requires critical and transformative concepts
, that must be developed and tested.
Let’s engage in earnest experiments with financial institutions (e.g. job guarantee, basic income, complementary currencies) to reflect social relations and produce the social relations we desire.
FINANCIALIZATION & DEMOCRACY
Slide2616.
An international tax system which permits corporate entities essentially to float above countries, never once taking root in the fiscal responsibilities that ground communities and contribute to civic sustainability, has become banal - all too commonplace, expected, and ultimately condoned.
The legal focus on the difference between
tax ‘avoidance’
and
‘evasion’
distracts from pragmatic efforts to build the international tax system we would like to see. The international tax system began in Somerset House - where the first model double taxation convention was agreed - a century ago – and today’s home of The Dickson Poon School of Law of King’s College.
THE FIGHT FOR TAX JUSTICE. START.
Slide2717.
It is time to fashion a transnational tax system for this century. The international tax system of today was founded so as to allow capital to move around the world, and to prevent it from stagnating in wealthy countries - as its founders believed, to turn debtors into customers.
Today criminal law, taxation law, trade law, human rights law, and activism all focus on pragmatic solutions to bring money back onshore, and to counter the false temptations of
‘races
to the
bottom’,
and economic "efficiency" and attractiveness.
THE FIGHT FOR TAX JUSTICE. RE-START.
Slide2818.
We live in a world of machines. We need to define our relation to these machines, which we designed and which challenge our most fundamental conceptions of personal – and, collective – political and moral responsibility.
As
the design, use and
functionality of
robots
evolve
,
we need to revisit and challenge the transformation of work into
‘jobs’,
the erosion of a legally institutionalized system of employment and social fabric, in which so many
humans have
become dis-empowered,
precariarized
tools in a globally integrated economy – not much unlike robots, really
.
R
OBOTS. MADE BY US – TO REPLACE
US?
Slide2919.
The technological achievement embodied in artificial Intelligence challenges our ethical stance on the power of the human mind. A mind, that uses technology, based on an inclusive, democratic process of risk assessment, rather than being used by it.
While
we have the technology to change civilization, do we have the models to do it? How can we resist the thrust of change driven by what is possible and, instead, fight for the world we want?
For
us, worldwide. For us, today, and tomorrow.
THE PERSISTING LURE OF TECHNOLOGY.
Slide3020.
We live in a world of more and ‘better’ data. But, as technological
colle
ction
& storage capacities grow, both
conceptual
competences and legal regulation are
lagging behind. Citizens are
not in charge of what is known about them and what is put to commercial, political and security use.
Our data
are
everywhere and yet not in our control, data
from the most mundane to
the very
intimate.
KNOW YOURSELF.
EVERYONE (ELSE) DOES.
Slide3121.
Data
customers are also data objects.
While data
can inform and improve
regulation for positive social
change
,
they are
– in the wrong hands – a
threat to the creation and protection of democratic communities
.
The uncontrolled use of data places the recreation and survival of
legally empowered,
inclusive
communities
at existential risk
.
This is the basis for our call for Transnational Data Justice.
IN SEARCH OF TRANSNATIONAL DATA JUSTICE
Slide3222.
Transnational Data Justice is a core pillar of an adequate and renewed concept of Human Rights. The variety of data reflect the multiplicity and complexity of human life. But, legal protection of our digital selves is
insufficient and as such a vital threat to democracy. Data consumers
have to emancipate into ‘citizens’.
Answers need to be generated across national and
transnational
public and private platforms.
DATA DEMOCRACY AS A HUMAN RIGHT.
Slide33PROTECT AND RECREATE PLACES & BODIES OF DWELLING.
Slide34THE WORLD.
BROKEN DOWN. TO BE RE-CREATED.
Slide35THE PLANET.
BECAUSE IT IS OURS, IT
NEEDS US TO ACT IN ITS NAME.
Slide3623.
In spite of oppression, plundering and abandonment, we respond with life. Neither floods nor plagues, famines nor cataclysms, nor even the eternal wars of century upon century, have been able to subdue the persistent advantage of life over death.
An advantage that grows and quickens: every year, there are seventy-four million more births than deaths, a sufficient number of new lives to multiply, each year, the population of New York sevenfold. Most of these births occur in the countries of least resources - including, of course, those of Latin America.
Conversely, the most prosperous countries have succeeded in accumulating powers of destruction to annihilate, a hundred times over, not only all the human beings that have existed to this day, but also the totality of all living beings that have ever drawn breath on this
planet.
CELEBRATE LIFE, NOT DEATH. TOGETHER.
Slide3724.
How
does the planet live? How
can
our world survive?
Climate
change is
an
existential threat
to
the survival of humanity and the planet which houses us.
Climate
change governance is not just emergency and crisis governance. It is about a global reflection on how we live.
CLIMATE CHANGE. IT
‘CHANGES EVERYTHING’.
Slide3825.
We can learn from past crises and how we responded to them. For that, we must appreciate the particular quality of each ‘crisis
’, who is affected by it and what its ‘origins’ were and its drivers. We must assess what we understood and what we failed to grasp.
Echoing the global,
comprehensive and transformative
scope of climate change, our response must occur throughout our lives, our institutions and political processes.
We
need to unlearn everything we learnt about the way we govern the planet
. We
see young generations leading
in a movement towards
transnational environmental justice,
and
we
need
to follow.
ACTING
ON A CRISIS.
AGAIN. AND AGAIN.
Slide3926.
Transnational Environmental Justice requires both urgency and endurance.
Transnational Environmental Justice is a personal and collective concern and responsibility.
It is
neither
a hysterical grab for
attention nor
a token in political short-termism
.
HUMAN AT PLAY. HUMANS AT RISK.
Slide40THE BODY.
Slide4127.
In 1948, World Health Organization famously defined health in its constitution as "a state of complete physical, mental, and social well-being and not merely the absence of disease or infirmity." Seventy years later this vision has yet to realize. Now, as then, profound inequalities exist in the extent to which individuals are able to enjoy the right to health
.
‘Health’,
which at first glance might seem relatively narrow, is a profoundly complex subject that implicates a host of
considerations.
HEALTH
JUSTICE THROUGH SOCIAL JUSTICE.
Slide42HEALTHY, EMPOWERED & PROTECTED.
28.
Modern public health in inclusive societies is a pillar of social justice. Health, and not just health but the enjoyment of the highest attainable standard of health, is a fundamental human right.Its effective protection and realization is further shaped by and dependent on gender, socio-economic and cultural equality, universally accessible education, and affordable housing. Health is a right that is critical to the realization of other human rights.HEALTHY, EMPOWERED & PROTECTED.
Slide43HEALTHY, EMPOWERED & PROTECTED.
29.Medicine, which must be geared towards physical and mental as well as emotional health, is not just bioscience, but a social science.
Without public health shifting to a more inclusive approach that addresses other civil, political, social and economic human rights, it will be impossible to live up to the promise made seventy years ago.HEALTHY, EMPOWERED & PROTECTED.
Slide44HOUSING.
Slide4530
.
How do we live? When is housing legally recognized as ‘housing’?
In order to understand how and where we live around the world, we need to abandon the formal/ informal divide. The legal fiction of the “informal” housing sector
invisibilizes
world-wide experiences of people’s local existence, including continued and expanding disenfranchisement. It the flies in the face of governments exploiting, taxing “informal” dwellers, leaving them disenfranchised and excluding from the citizenry to which they belong, who they are.
HOUSING AS A HUMAN RIGHT.
Slide4631
.
Any reform of inadequate, precarious, financialized housing requires meaningful participation. Having a say in one’s own community and housing design is essential to being able to exercise the full rights of citizenship.
Housing
Rights require Visible Solidarity. A Transnational solidarity around housing can be built, perhaps by having a day of protest in order to recognize a human right to housing as enshrined in the Universal Declaration of Human Rights.
HOUSING. BEYOND
‘FORMAL’/’INFORMAL’
.
Slide4732.
Housing
rights are woven into the fabric of social and political protection. Violating these rights, such as
t
axing
“informal”
dwellers
while engaging in urban displacement for lack of ‘title’
deepens
disenfranchisement
and
exclusion
from the citizenry to which
we all belong
,
and who we are
.
Housing Rights require Visible Solidarity. A Transnational solidarity around housing
emerges through joined efforts and resounding voices.
We propose
A Global Day
of
Housing
in
order to
recognize
a human right to housing as enshrined in the Universal Declaration of Human Rights.
HOUSING JUSTICE. LOCAL. TRANSNATIONAL.
Slide48BORDERS.
Slide4933.
People, oftentimes, flee from
Inj
ustice
. They hope to arrive in Justice.
This Justice must be upheld
by rights
that were previously
denied, abused or inexistent
.
Often
, however, arriving migrants are met with
rejection
, discrimination,
and
violence
at
their destination
.
With the majority of global migration not occurring in Europe but in places with scant,
occasionalized
media coverage, it is our duty to help
acknowledge, visualise
and
amplify
migration experiences.
FROM INJUSTICE TO INJUSTICE.
Slide5034.
The global stratification of international migration
is embedded in the
unequal distribution of rights, goods, wealth and entitlements.
We demand that all people have a right to freedom of movement. State immigration laws need to reflect the needs of people globally to enjoy decent livelihoods and belong to communities in which they live, irrespective of migration status, gender, race or age.
TRANSNATIONAL MIGRATION MUST BE ACCOMPANIED
BY ADEQUATE LEGAL PROTECTION.
Slide5135.
Current migration regimes are based on destructive logics of
cost-benefit calculation
and
rights-violating
deportation
.
We envision COMMUNITY as a project of living with others in all
of our
diversity and plurality. We demand that refugees and people seeking asylum are treated as integral members of
this transnational
community.
FOR A
TRANSNATIONAL COMMUNITY.
Slide52WHAT
(DO) WE KNOW.
Slide5336.
Action must come from knowledge and must be shaped and fuelled by it.
The achievement of Transnational Justice requires an epistemological revolution. A revolution of knowledges and prejudices. A revolution of perspectives and habits. And, a revolution of what is the norm and for whom, what is tradition and why. It must be a revolution of open eyes, minds and hearts.KNOWLEDGE FOR JUSTICE.
Slide5437.
As powerful leaders continue
to advise other peoples and their governments, they must appreciate the possible inadequacy and incompatibility of their ‘advice’, their intervention, their violence. Solitude and misunderstanding are borne out of the immeasurable pain of many people’s histories – histories of age-old inequities and untold bitterness. We must critically challenge and overcome our selective approach to others. Why is the originality so readily granted to authors associated in ‘world literature’ so mistrustfully denied to their authors in their difficult attempts at social change?IGNORANCE IS VIOLENCE.
Slide5538
.We do what we do, we are who we are. Or,
are we? Seeking out and engaging with non-mainstream perspectives, narratives and epistemologies bears the opportunity to break down and transform conventional legal paradigms and dominant discourses. This is required for the creation of justice and equality. KNOW, WHAT YOU DON‘T KNOW.
Slide5639.
‘The literature was the place were the political and the personal converged’.
Saleem HaddadActivists, writers, poets and journalists are leaders in the effort to foster transnational knowledges. Events such as www.transnationallawsummit.org create a viable and crucial platform for the cross-cultural, border-crossing and interdisciplinary engagement with people’s experiences, their stories, their images, their voices.A PLATFORM FOR NEW KNOWLEDGE.
Slide5740.
We seek to facilitate the creation of an inclusive transnational space
to challenge current affairs and injustice through E.A.F.C., an Epistemology and Advocacy For Change. Through such interactions we hope to learn from each other how different works, from a legal brief to a transformative poem, from a protest song to a poignant photography, from a musical score to a film script, an art exhibition and a new curriculum can have real social impact. AN EPISTOMOLOGY & ADVOCACY FOR CHANGE.
Slide58SEARCHING FOR JUSTICE.
DEVELOPING A DIFFERENT LAW.
Slide5941.
The violence of Law‘s absence and silence, but also its ill-conceived, ineffective and dividing effects often
occur in the dark. But, in those ‘dark’ places, away from the blinding brightness of the mainstream, the belch of over-consumption and the buzz of self-indulgence, this violence tastes acidly and reinforces vulnerability.THE DARK PLACES OF LAW’S ABSENCE.
Slide6042.
Law, its critique, its re-imagination and its re-creation can transport light into darkness and bring people together. Let‘s light a spark. And, start a fire.
LET THERE BE A SPARK. FOR ALL.
Slide6143.
We must reach beyond a Western stance of “Us” and “Them”, “Here” and “There”.
We need to displace Empowerment (of “them”), Paternalism (over “them”) and treacherously misleading Understandings of “Aid” (for “them”). We need to begin imagining a Transnational Geography of Inclusion.A TRANSNATIONAL GEOGRAPHY OF INCLUSION
Slide62LAW AS A PLACE OF DWELLING.
Slide6344.
Oftentimes and in many places, “Law” is still too far from those who fight for it. Such “
law”, written and imposed by others proves inaccessible and inadequate to those who need it, particularly those working on the ground. Law needs to be transformed into a more accessible tool which can be made and used from the bottom-up.THE GROUNDS OF LAW.
Slide6445.
Justice
must be available to all of us. But, we only get the justice we fight for. JUSTICE IS NOT THE DEFAULT POSITION.
Slide6546.
We need to shout out and proclaim our commitment to
Justice. We prove this commitment by being critical and pragmatic.We need to make known, that law is neither theory nor closure. Law is a practice to defend the collective enterprise.LAW AS POLIS.
Slide6646.
Hannah Arendt conceptualised ‘action’ as a key ingredient of human relationships, focusing on the ‘polis’ – the public sphere of meaningful (and collective) human action.
The public sphere today is fragmented, digitized, divided and volatile. It must be reclaimed as a sphere that is always already shaped and limited and protected by law.As then, today, we need to build a polis by putting ourselves in someone else’s shoes. To think what we are doing. To feel what they are feeling. To resist together. FROM KNOWLEDGE TO ACTION. THE POLIS.
Slide6747.
Today, as then, we
need to build a polis by putting ourselves in someone else’s shoes. By thinking what they are thinking. By feeling what they are feeling. To resist together. BUILDING THE POLIS FOR AND WITH EACH OTHER.
Slide6848.
We need to build a polis of law to reflect on what we are doing and what we are doing to others.
We need to (re-)learn how to resist and when to take a stand. We need to let art fill the polis, art to feel, sense, hear, see what human life is and what it can be. We shall fill the polis through a politics of resistance. BUILDING A TRANSNATIONAL POLIS.
Slide6949.
Law cannot replace politics and civil society. But, law can be used as practice. Law is practice, not theory. But Law
as Practice needs Theory to Irritate it, to Verbalise it.As such, Law is not just politics by another name, but a praxis of co-producing politics, and safeguards to politics: it facilitates and protects the production of civil society and civil action. LAW AS PRACTICE.
Slide7050.
For us,
SEAs – Sites of Engagement & Agency – are vital enablers of public intervention. They function as barometers and facilitators, as catalysts and irritants, a platforms and laboratories. SEAs include the judiciary, journalism, domestic, regional and international organisations, even Universities, but also the crucially transnational, sometimes endangered or precariously institutionalised actors such as social movements, grassroots groups, activist and advocacy associations and networks. FROM KNOWLEDGE TO CONNECTED ACTION. THE SEAs.
Slide7151.
We want to connect SEAs to fight for renewed engagement and agency in
and across these SEAs. We must make them havens for the previously marginalised and excluded, creating a space for the mobilization of impact that matters.NEW SITES OF ENGAGEMENT & AGENCY.
Slide7252.
Like the music that we can only hear on the inside, law, too, is often inaudible and invisible.
Listen to the music of law, then. This music is the often inaudible music of our species. But we hear it, still. That music is the sound of people fighting to be free.SING IT OUT.It is time to make it resound. Sing it out
Slide73A Species stands beyond - Invisible, as Music -
But positive, as Sound -It beckons, and it baffles -
Philosophy, dont know - And through a Riddle, at the last - Sagacity, must go -To guess it, puzzles scholars -To gain it, Men have borneContempt of GenerationsAnd Crucifixion, shown -Faith slips - and laughs, and rallies - Blushes, if any see - Plucks at a twig of Evidence - And asks a Vane, the way - Much Gesture, from the Pulpit -Strong Hallelujahs roll - Narcotics cannot still the ToothThat nibbles at the soul -Emily Dickinson - This World is not Conclusion.
Slide74In April 2018, the Dickson Poon School of Law at King’s College London hosted an international conference and multi-stakeholder meeting of a very unique format, never before done at a Law School or University in London, the UK or well beyond. The Transnational Law Summit 2018 (“KTLS18”) invited a select group of academics, practicing lawyers, judges, legal and social activists, policy makers, philosophers, journalists as well as representatives of the arts and humanities, including fiction writers, poets, photographers and film-makers for three days of lectures, workshops, readings and conversations. More than 250 experts presented and exchanged their ideas before an audience of several hundred members of the academy, policy circles, social and political activists and the general public. Drawing on the format of events such as the annual World Economic Forum in Davos, Switzerland, the World Social Forum which has been held every few years in different cities in the Global South, or the Hay Literary Festival in the UK, the inaugural Transnational Law Summit aimed at creating a new platform for an inclusive, open-minded and interdisciplinary collaboration between theory and practice. In contrast to other multi-stakeholder meetings, however, the Transnational Law Summit places
law
and legal practice at the centre of its meeting. In creating a new, interdisciplinary space, KTLS18 has given birth to an unparalleled opportunity for lawyers from around the world to engage with other colleagues, collaborators and constituencies on pressing global issues.2018 King’s Transnational Law Summit.
Slide75The inaugural London Summit was planned and organized over a period of 18 months and involved junior and senior academics, lawyers, judges, activists, and many others who collaborated across vast distances and different time zones to elaborate the core themes of the event, to identify the key experts in different areas and to draw up an extremely rich and diverse schedule.
The 2018 launch of the Transnational Law Summit as a new, bi-annual platform for an
Epistemology & Advocacy for Change was made possible by the generous gift of Sir Dickson Poon to King‘s College London. The inaugural Summit was organised under the auspices of the Dickson Poon Transnational Law Institute and the academic leadership of the Institute‘s Director, Peer Zumbansen. The KTLS18 organising team was comprised of more than 40 academics and activists, students and researchers from around the world. It is the organisers‘ hope that the 2018 Summit laid the foundation for a future series of Summits, occurring every other year in a new city. We are reaching out to you in search of funding and a hosting institution for 2020.The Transnational Law Summit. 2020.
Slide76Thank
you.
And, let’s collaborate for XTLS20 – the Transnational Law Summit in 2020.