Global Fellows

Current Global Fellows 2014-15

Remo Caponi
Senior Global Research Fellow
Italy

Remo is full professor of civil procedure at the University of Florence, School of Law. His predecessor in this chair was among others Mauro Cappelletti. He is a member of the Executive Committee of the European Law Institute (ELI), the Council of the International Association of Procedural Law (IAPL), the Board of Trustees of the Academy of European Law, the Board of Directors of the Italian Association of Civil Procedure.

Remo holds a JD from the University of Florence and a PhD in civil procedure from the University of Bologna. He is a fellow of the Alexander von Humboldt Foundation. He has been a visiting professor at the University of Heidelberg and a DAAD research fellow at the Humboldt University Berlin. He has been the reporter for Italy, Spain, Portugal and Slovenia in the Study for the European Parliament on the public policy exception and a co-reporter in the Study for the European Commission on insolvency proceedings.

Remo has published several books and about two hundred papers in Italian, English and German language in the field of civil procedure (domestic and transnational), comparative civil procedure and constitutional law. He often has been a speaker at international conferences and workshops (among others in Berlin, Kyoto, São Paulo, Heidelberg, Budapest, Valparaiso, Santiago de Chile, Athens, Madrid, Dresden, Curitiba, Porto Alegre, Izmir).

After dealing widely with “classic” topics of civil procedure (res judicata, structure of proceedings, interplay between judicial powers and the powers of parties, role of Supreme Courts, provisional measures), Remo has been broadening his interests to the constitutional settings of administration of justice, the dialogue between national and international courts, the European law of civil procedure, the fair trial guarantee in transnational litigation.

Remo will be affiliated for the whole academic year 2014-2015 with the Center on Civil Justice at the NYU Law School (http://www.law.nyu.edu/centers/civiljustice). Email rc3161@nyu.edu. His research project focuses on the interplay between specific aspects of civil procedure and the whole judicial system, as well as the relationship between legal system and ethical and cultural dimensions affecting citizens and professionals involved in the machinery of justice.

Research Project: Just about Dispute Resolution? (A Comparative Inquiry into the Societal, Economic and Political Role of Civil Justice Systems)

 

Daniel Fitzpatrick
Senior Global Research Fellow
Australia

Professor Fitzpatrick writes on property rights in a development context. In 2007 he won the Hart Article Prize from the UK Socio-Legal Association for an article entitled: Evolution and Chaos in Property Rights Systems: The Third World Tragedy of Contested Access. He has published in the Yale Law Journal, Law and Society Review, the Yale Journal of International Law, and Law and Social Inquiry. He has been a Global Visiting Professor at New York University School of Law (2011), a Visiting Professor at the National University of Singapore (2006-09); a Visiting Professor at the University of Muenster (2002); and a Distinguished Visitor at the University of Toronto (2007). Currently he is an Australian Research Council Future Fellow (2012-2016) [The Resilience of Property: Inundation, Displacement and Local Relocation in the Asia-Pacific].

Professor Fitzpatrick has extensive experience in the public policy of property rights and development. He was the UN's land rights adviser in post-conflict East Timor (2000) and post-tsunami Aceh (2005-6). He is the primary author of the UN's Land and Disasters: Guidance for Practitioners (2010). He has undertaken professional consultancies on law and development with the World Bank, the Asian Development Bank, Oxfam International, the OECD, UNDP and UN-Habitat. In 2011 he established the Law, Governance and Development Initiative at the Australian National University.

Research Project: The Security of Property

 

Ida Koivisto
Post-Doctoral Global Fellow
Finland

Dr. Ida Koivisto is a post-doctoral researcher from University of Helsinki, Finland. She is also a member of both The Erik Castrén Institute of International Law and Human Rights and The Centre of Excellence in the Foundations of European Law and Polity Research in University of Helsinki. Recently, she has worked as the coordinator of Finnish nation-wide doctoral program. In the past, she has been a visiting researcher in European University Institute, Florence.

Ida’s doctoral dissertation (Faculty of Law, Uni. Helsinki 2011) discusses the many discourses of good governance. The main argument of the study is that the linguistic open-endedness as well as the strategic use of the words “good” and “governance” make the concept radically indeterminate. As such, it can be plausibly used for multiple ideological purposes. Relatedly, the study critically examines the normative pull of legal rationality.

Ida’s research interests cover public law, especially administrative law, international public law, socio-legal studies, legal theory and philosophy. At most general, she is interested in the interconnections of law and other normative systems in society. As a Global Fellow her research project delves into the debate on global administrative law. She approaches it as a matrix of the ideal of transparency, combining critical legal scholarship and contemporary philosophy.

Research project: Regulating Visibility - Transparency as an Ideal in Global Administrative Law

 

Michelle Miao
Post-Doctoral Global Fellow
China/UK

Michelle Miao has recently completed her Howard League post-doctoral fellow at Oxford University’s Centre for Criminology. During the fellowship, she studied the contradiction between European human rights influences and a rising trend of penal populism in the context of British penal politics. She completed her DPhil in Law at the University of Oxford in 2013 and is currently converting her doctoral thesis The Politics of Change: Explaining Capital Punishment Reform in China into a book.

Her thesis presents material from one of the first empirical studies on China’s recent death penalty reform under the influences of international human rights law. The core empirical component of the thesis was a series of elite interviews with penal professionals at national and lower levels in China, including judges, prosecutors, and legislators, who are proximate to the sources of information held by state authorities, or closely involved in the day-to-day administration of capital punishment. The research first explained the limited success of the international intervention in China’s death penalty reform. It went further to identify three interrelated domestic forces - rising penal populism, the overt politicisation of penal process, and entrenched localism in the use of penal power- as an explanation of why and how the Europe-induced changes has been constrained by local conditions. The thesis has important policy implications for reform-minded policy makers, abolitionist activists, and human rights advocates in China and worldwide.

Michelle holds two Masters Degrees, one from Renmin University of China Law School and the other from New York University Law School. Her research interests are the intersections between the domains of criminology, human rights, socio-legal studies and international law. As a postdoc fellow of the Centre for Research in Crime & Justice, Michelle’s research project at NYU will examine the connection between the abolition of the death penalty and the rise of Life without the Possibility of Parole as an alternative.

Research Project: Moving towards Lengthy Life Imprisonment? A Comparative Study on the Alternative Sanctions to the Death Penalty in the United States and China

 

André Nollkaemper
Senior Global Research Fellow
Netherlands

André Nollkaemper is Professor of Public International Law and Vice-Dean for Research at the Faculty of Law of the University of Amsterdam. Since May 2011 he also is (external) Advisor to the Minister of Foreign Affairs of the Netherlands. He is Member of the Board and Vice President of the European Society of International Law and member of the Royal Netherlands Academy of Arts and Sciences of the Netherlands.

In 1999, he established the Amsterdam Center for International Law (ACIL), which he directed until 2009. His practical experience includes cases before the European Court on Human Rights, the Special Court for Sierra Leone, the International Criminal Tribunal for the Former Yugoslavia, the Extraordinary Chambers in the Courts of Cambodia, courts of the Netherlands and consultancy for a variety of international and national organisations.

André Nollkaemper published widely in the areas of general international law, international responsibility, the relations between international and national law, and international environmental law.

Research Project: Distributing Shared Responsibilities in International Law

 

Luigi Nuzzo
Global Research Fellow
Italy

Luigi is professor of Legal History and History of International Law at the Law Faculty of the University of Salento (Lecce, Italy). After graduating in Law at the University of Pavia, he held a PhD in History of Medieval and Modern Law from the University of Siena. Several times research grant holder at the Max-Planck-Institut für europäische Rechtsgeschichte (Frankfurt am Main), he carried out research at the Universities of Barcelona, Seville, Madrid and Mexico City. He was a Senior Robbins Research Fellow at the University of California at Berkeley (2007; 2012) and a Alexander von Humboldt Forschungsstipendiat (2008; 2010; 2013). He is a member of the Instituto Internacional de Derecho Indiano (Buenos Aires) and of the editorial board of the Journal of History of International Law (Heidelberg) and Storica (Rome).

He published extensively in Italian as well as in English, German and Spanish, about the history of international law, the colonial law, the Spanish Indies (XVIth -XVIIth centuries) and the German and Italian legal culture between the XIXth and XX century. His recent books are: Origini di una Scienza. Diritto internazionale e colonialismo nel XIX secolo, Frankfurt/Main, Klostermann, 2012; Constructing International Law. The Birth of a Discipline, (with Milos Vec), Frankfurt/Main, Klostermann, 2012.

He is currently undertaking a comparative study of the Western concessions in Tianjin between 1900 and 1945, particularly focusing on the strategies of colonial governance and on the role played by law in the production process of a new social space and new subjectivity in China.

Research Project: Space, Time and Law in a Global City: Tianjin 1900-1945

 

Yukio Okitsu
Global Research Fellow
Japan

Yukio Okitsu is an associate professor of law at Kobe University, where he has been teaching courses on administrative law, French law, and European law. He has also been a visiting professor at the University of Paris 13 Nord.

His primary research subjects have been judicial review and administrative litigation systems. A book of his has been published in Japanese based on his master’s thesis work which examined the effects of judicial judgments on administrative agencies in Japan, France, and Germany. He has also been conducting a comparative study on French administrative law and has written articles both in Japanese and in French.

Yukio has also been focusing on European law, especially the relationship and interaction between the legal orders of the EU, the ECHR, and their Member States. He coedited an anthology on this topic and contributed an article to it on the famous case of the European Court of Human Rights “Kress v. France” of 2001, which is also available in English (Yukio Okitsu, European Convention on Human Rights and French Administrative Justice: A Case Study on the Dialogue between National and Supranational Legal Orders, 47 Kobe U. L. Rev. 15 (2013)). Recently, he has turned his attention to global administrative law. During his residency at NYU he plans to develop his research on this subject, especially seeking to explain why and how the rules and principles of administrative law apply beyond the jurisdictional boundaries of domestic legal systems.

He holds an LLB (2000) and an LLM (2002) from the University of Tokyo and a master’s degree in internal public law (2005) from the University of Paris II Panthéon-Assas, where he studied as a recipient of the French Government Scholarship (Boursier du gouvernement français). View his full CV.

Research Project: The Normative Foundations for the Existence of Administrative Law in a Supranational Context

 

Zoran Oklopcic
Global Research Fellow
Canada

Dr. Zoran Oklopcic is Associate Professor at Carleton University's Department of Law and Legal Studies. In the past, he was MacCormick Visiting Fellow at the Edinburgh Law School, as well as a Visiting Scholar at the University of Pompeu Fabra Department of Political Science. He holds an LLM from the Central European University, and earned his SJD from the University of Toronto Faculty of Law.

Dr. Oklopcic has published in the areas of constitutional theory, comparative constitutional law and public international law. His work on constituent power, self-determination, secession and constitutional pluralism has appeared in journals such as Constellations, Leiden Journal of International Law, Canadian Journal of Law and Jurisprudence, Global Constitutionalism and Transnational Legal Theory.

His current research focuses on the mutation of self-determination discourse in Catalonia, as well as on the ‘duty to negotiate federalization’ as a potential component in early-conflict constitution making. He also works on a larger book project, tentatively called "After the People: Provincializing Constitutional Theory."

Research Project: Lilliputian Travels: Constitutional Imaginary, Democratic Theory and Sovereign Equality

 

Friedrich Rosenfeld
Global Fellow from Practice & Government
Germany

Dr. Friedrich Rosenfeld is a German attorney specializing in arbitration and public international law. He acts as counsel, expert witness and arbitrator.

Friedrich is also Visiting Professor at the International Hellenic University of Thessaloniki and lecturer for investment arbitration at the University of Hamburg and at Bucerius Law School.

Prior to joining his current firm, he worked as consultant for the United Nations Assistance to the Khmer Rouge Trials in Cambodia. Friedrich holds a doctoral degree summa cum laude. He studied at Bucerius Law School in Hamburg and Columbia Law School in New York.

Research Project: Bridging the Gap Between Commercial and Investment Arbitration at the Enforcement Stage

 

Yaniv Roznai
Post-Doctoral Global Fellow
Israel

Yaniv Roznai completed his PhD at the Department of Law, The London School of Economics & Political Science (LSE) in 2014. His thesis is entitled: ‘Unconstitutional Constitutional Amendments: A Study of The Nature and Limits of Constitutional Amendment Powers’. He holds an LL.M from LSE (Distinction) in international law and LLB and BA degrees in Law and Government from the Interdisciplinary Center (IDC) Herzliya, Israel (Magna cum Laude). In 2013, he was a visiting student research collaborator at the Program in Law and Public Affairs (LAPA), Princeton University.

Yaniv is the winner of the 2013-2012 Modern Law Review Scholarship, 2010-2013 LSE PhD Scholarship; 2010 California Bar International Law Section Annual Student Writing Competition, and 2006 IDC Annual Student Paper Competition. Prior to coming to NYU he has worked as a researcher at the Minerva Center for the Rule of Law under Extreme Conditions, the University of Haifa; as a lecturer of comparative legal systems at Bar-Ilan University and of constitutional law at Carmel Academic College, and as a teaching and research assistant in the areas of constitutional and international law. He also served as an intern and a legal assistant in the Knesset’s (Israeli Parliament) legal department. Yaniv is a member of the Israeli Bar, the Israeli Public Law Association and the International Society of Public Law.

Yaniv’s scholarship focuses on constitutional and international law. He has written on a variety of subjects, including comparative constitutional law, constitutional theory, the relationship between international and constitutional law, international law of armed conflict, international human rights law, and legislation. His articles can be accessed here. Yaniv has presented his work in numerous universities such as Yale, Princeton, Stanford, Cornell, Indiana, Washington University St. Louis, Queen Mary University of London, LSE, and Edinburgh. His publications appeared in journals such as the American Journal of Comparative Law; International & Comparative Law Quarterly; International Journal of Constitutional Law; Theory and Practice of Legislation; Vienna Journal on International Constitutional Law; Wisconsin International Law Journal; Southern California Interdisciplinary Law Journal, The International Human Rights Law Review, Human Rights & Globalization Law Review, The California International Law Journal, Israeli Bar Assoc. Law Review, IDC Law Review, Public Law; The Modern Law Review, and Stanford Law & Policy Review.

Research Project: We the Limited People? The Nature & Scope of Constitution-Making Powers

 

Mario Schapiro
Global Research Fellow
Brazil

Mario Schapiro is a full-time professor of Law at Getulio Vargas Foundation Law School. He graduated in law from University of São Paulo, Faculty of Law, where he also obtained a master and a doctoral degree in economic law. He was research fellow of Sasakawa Young Leaders Fund (Master Program), visiting researcher at Columbia Law School (PhD program), and visiting scholar at Brazil Institute at King's College, London. Between 2012 and 2013 he was research fellow at IPEA (Brazilian Institute of Applied Economic Research), when he developed an institutional analysis of Brazilian industrial policy. His research agenda is focused on law and development, administrative law and political economy of economic development, having particular interest on institutional alternatives and policy design in the economic field. He teaches Law & Development, Administrative Law, Competition Law, and Institutions of Development Finance.

Research Project: Governing Discretion: Overcoming the Clash Between State Capitalism and Democratic Controls

 

Yvonne Tew
Post-Doctoral Global Fellow
Malaysia/US

Dr. Yvonne Tew’s primary research and teaching interests are in constitutional law, comparative public and private law, family law, contracts, and law and religion. Prior to joining NYU as a Hauser Global Fellow, Yvonne taught at Columbia Law School, where she was an Associate-in-Law, Postdoctoral Research Scholar and Lecturer-in-Law. She received her PhD in constitutional law from the University of Cambridge where she was a Gates Cambridge Scholar. In 2012, she was awarded the Distinction in Research Prize in the Arts and Humanities by St. Catharine’s College, Cambridge, for her scholarship. While at the University of Cambridge, Yvonne served as the Editor-in-Chief of the Cambridge Student Law Review.

Yvonne received her first law degree at the University of Cambridge, where she consistently placed in the top 5% of her class each year and graduated with Double First Class Honors. She then completed her Master of Laws (LLM) from Harvard Law School after winning the Cambridge-Harvard Law Link Benefited Place Award for the top two final-year law graduates from the University of Cambridge admitted to the Harvard Law School LLM program. After graduating from Harvard, she worked as an attaché at the Permanent Mission of Malaysia to the United Nations in New York. Yvonne has also taught constitutional law at the University of Cambridge as a supervisor and is admitted to the bar in New York.

Yvonne’s publications include “Originalism at Home and Abroad” 52 Columbia Journal of Transnational Law 780 (2014); “And They Call It Puppy Love: Young Love, Forced Marriage, and Immigration Rules”, 71(1) Cambridge Law Journal 18 (2012) and “No Longer a Privileged Few: Expense Claims, Prosecution, and Parliamentary Privilege”, 70(2) Cambridge Law Journal 282 (2011). Her book, “The Constitutional Core: Constitutional Adjudication in Southeast Asia,” is forthcoming with the Oxford University Press in 2015.

Research Project: Arbitrating God: Secular Enforcement of Faith

 

Marlon Weichert
Global Fellow from Practice & Government
Brazil

Marlon A. Weichert has been a federal prosecutor in Brazil for 19 years, primarily dedicated to human rights litigation and advocacy. During the past 14 years he has worked a variety of areas to advance the adoption of transitional justice measures in Brazil. He has headed the program to search and identify the remains of victims of dictatorship-era crimes and actively participated in discussions concerning the right to truth about human rights violations during this period. He was the first scholar and prosecutor in Brazil to publicly argue that the Amnesty Law of 1979that prevents perpetrators of human rights violations from being held accountable in the country - was contrary to international law. Since 2008 he has lead and coordinated the investigation and persecution of several cases involving such types of crimes. He has also been involved in memory recovery projects, including the development of the Brazil Never Again Digital projecta website that hosts a collection of around 850,000 digitalized documents pertaining to judicial processes initiated against victims of political repression during the Brazilian dictatorshipand the creation of sites of conscience.

In 2013, Weichert was invited by the Brazilian Minister of Justice to join a commission responsible for granting reparations to victims of political persecution, the so-called Amnesty Commission. He has also been requested to provide expert testimony before both the Inter-American Human Rights Commission (2008) and the Inter-American Human Rights Court (2010). In parallel to his work for the Public Ministry, Weichert has been frequently invited to lecture on human rights issues in different academic venues and has a vast set of publications on these subjects.

His research at NYU will focus on the role that institutional reform, within a transitional justice framework, can play in societies thateven after re-democratizationhave failed to curb state violence.

Research Project: The Role of Institutional Reform in Transitional Justice and the Obstacles for its Development