International Workshop on “Bills of Rights and Regional Institutions: Comparative and Transnational Perspectives on European and East Asian Cases”

Date (Datum): June 16-18, 2016

Venue (Ort): Gross Senat, Neue Aula, University of Tuebingen

Organizer: Martin Nettesheim (Law School, University of Tuebingen), Jong-Chol An (Department of Chinese and Korean Studies, University of Tuebingen), and Jong-Ik Chon (School of Law, Seoul National University)

East Asia is a powerhouse not only in economic but also cultural dimensions. In this small but meaningful workshop, scholars from Germany, Japan, Korea and Taiwan will probe a new understanding of the concept of a Bill of Rights through comparative as well as transnational perspectives. In that sense, East Asia and Europe followed very different paths after World War II. In East Asia, due to its particular historical experience, the region reverted to a system of distinct nation states, while Europe accepted the importance of regional integration to curb nationalistic expansionism. However, since the late 1980s, East Asian countries are gradually exploring the meaning and possibilities of regional institutions.

Thus, we specifically review the implication of European projects on regional bills of rights, such as the ECHR, the experience of East Asian countries in terms of regional integration or institutions, particularly focusing on the German and Korean experience. It is an extremely timely topic. We hope that this small step will lead to continuous workshops in the near future examining regional human rights regimes based on comparative constitutionalism. We examine this issue through multiple dimensions, not only from a historical perspective but also from political and legal perspectives. The University of Tuebingen and Seoul National University shall be joint-organizers, and they have already launched a Dual Master program for Fall 2015: Master of Korean European Studies (MAKES). The proposed workshop will thus already build on solid foundations and we expect to further a genuine and precious cooperation with our partners in East Asia in the realm of academic exchange and institution-building processes.

Workshop Program

Grosser Senat, Neue Aula, June 16-18, 2016

Thursday, June 16, 2016

17:00-18:30 Welcome Reception: Schloss Hohentübingen (Tuebingen Castle)

Moderator: Martin Nettesheim

Welcoming Remarks by Dean Christian Seiler (Law School, University of Tuebingen); Dean Juergen Leonhard (Faculty of Humanities, University of Tuebingen), Geung-sik Jung (School of Law, Seoul National University) (On behalf of Dean)

Keynote Speaker: The Janus-faced Nature of the Human Rights Discourse
Martin Nettesheim (University of Tuebingen)

18:45-20:15 Dinner: Restaurant “Forelle”


Friday, June 17, 2016

08:30-09:00 Coffee Break

09:00-09:30 Keynote Speech: The European Court of Human Rights - a Model for Human Rights Jurisprudence in Other World Regions?
Angelica Nussberger (ECHR/ University of Koeln)

09:30-12:10 First Session: “Constitutionalism in Asia”

*Moderator: Martin Nettesheim (University of Tuebingen)

· Between Trailblazer and Trend-Follower: Political Rights and the Taiwan Constitutional Court’s Role in Democratic Transition
Ming-Sung Kuo (University of Warwick)

· Korean Constitutional Court and a Regional Human Rights Regime
Jin Wook Kim (Constitutional Court of Korea)

10:50-11:00: Coffee Break

· The Concept of Constitutionalism in East Asia
Viktoria Eschbach-Szabo (University of Tuebingen)

· Who Can be a Defender of Constitutionalism in East Asia? Comparative and Transnational Analysis of Japanese Experience of Bill of Rights after World War II
Akiko Ejima (Meiji University)

· The Development of Regional Human Rights Institutions in Asia: Dialectical and Functional Perspectives
Jiunn-rong Yeh (National Taiwan University)

12:30-13:30: Lunch Break at Kleine Senat (Neue Aula)

13:30-15:00 Second Session: “Bills of Rights: Past, Present, and Future”

*Moderator: Akiko Ejima (Meiji University)

· Proportionality as a Principle of Fundamental Rights Adjustment-German and European Perspectives
Johannes Saurer (University of Tuebingen)

· American vs. International Perspectives on the Individual's Right to Privacy
Esther Earbin (University of Tuebingen/ University of Freiburg)

14:50-15:10 Coffee Break

15:10-17:20 Third Session: “Bills of Rights in Korea”

*Moderator: Jong-Chol An (University of Tuebingen)

· An Essay on Separation of Powers and Rule of Law in the Chosun-Dynasty
Geung-Sik Jung (Seoul National University)

· The Korean Constitutional Court’s Role in the Development of Democracy: Protection of Freedom of Assembly
Jong-Ik Chon (Seoul National University)

· The Origins of Habeas Corpus in Post-War Korea: US Military Occupation of Korea
Jong-Chol An (University of Tuebingen)

17:20-17:30 Coffee Break

17:30-18:20 Strategic Discussion for Next Step

18:30-19:30 Boat Tour in the Neckar River

19:30-21:00 Dinner at Casino

Saturday, June 18, 2016

08:30-09:00 Morning Coffee

09:00-11:30 Session Three: Constitutionalism in Europe and Asia
*Moderator: Jong-Ik Chon (Seoul National University)

· Common Heritage of Modern Human Rights Characters in East Asian Countries?
Seok-Min Lee (Constitutional Court of Korea)

· British dissatisfaction with the ECHR: Reflections for an Asian Context?
Fabian Duessel (University of Tuebingen)

· An Introduction of a Legal Maxim in East Asia: Lighter Punishment for Doubtful Crime
Dae-Hong Kim (Seoul National University)

11:30-11:40 Coffee Break

11:40-12:00 Concluding Discussion