“Filling
the Gaps: The Study of Judicial Creativity and Equity in Mixed Jurisdictions
and Beyond”
Department
of Political and Social Sciences
University of Catania
Aula Magna
University of Catania
Catania, Italy
May 27-28, 2013
PROGRAM
AGENDA
Day 1: May 27, 2013
09:00-09:30 Welcome Remarks
Mohamed Mattar, Senior Research Professor of International Law, Executive Director, The
Protection Project at The Johns Hopkins University-SAIS, Washington, DC, USA
Vernon Palmer, Thomas Pickles Professor of Law, President, World Society of Mixed
Jurisdiction Jurists, Co-Director, Eason Weinmann Center for Comparative Law,
Tulane Law School, New Orleans, LA, USA
Biagio Andó, Professor of Law, University of Catania,
Department of Political and Social Sciences, Catania, Italy
09:30-11:00 Panel I: Legal Gaps in Mixed Jurisdictions and Beyond
Chair: Mohamed Mattar, The Johns Hopkins University-SAIS
¾ “Brief
Introduction to the Problem of Judicial Gaps”
Claudia Irti, Professor of Law, Unicusano University, Rome,
Italy
¾ “Appraisal of what Constitutes Legal Gaps and
how they Are Filled in Different Jurisdictions”
Michael Ogwezzy, Professor of Law, Lead City University,
Ibadan, Nigeria
¾
“Toward an Anatomy of Legal Gaps”
Vernon Palmer, Thomas Pickles Professor of Law, President, World
Society of Mixed Jurisdiction Jurists, Co-Director, Eason Weinmann Center for
Comparative Law, Tulane Law School, New Orleans, LA, USA
11:00-11:15 Coffee
Break
Chair: Vernon Palmer, Tulane Law School
11:15-12:45 Panel II: Gap-Filling as an Expression of Legal Cultures
¾
“Mind
the Gap, Mend it or Hide it! What Gap-Filling Reveals about Legal Systems and
Cultures”
Olivier Moreteau, Professor of Law, Holder of the Russell B.
Long Eminent Scholars Academic Chair, Louisiana State University (LSU) Paul M.
Hébert Law Center, Baton Rouge, LA, USA
¾ “A Gap is
a Gap Everywhere? An African Contribution to the Taxonomy of Legal Gaps”
Salvatore Mancuso, Chair, Professor, and
Director, Centre for Comparative Law in Africa, University of Cape Town, Cape
Town, South Africa
¾
“Filling
the Gaps in Latin America: Mixed Patterns in the 19th and 20th
Century”
Ignazio Castellucci, Professor of Asian Legal Traditions and Chinese
Law, University of Trento, Trento, Italy; Professor of Comparative Legal
Systems, University of Macau, Macau, China
12:45-02:15 Lunch
Chair: Ignazio Castellucci, University of Trento
02:15-04:00 Panel III: Foundational Principles of the Law and Judicial
Engagement in Gap-Filling
¾
“General
Principles of Law as Gap-Fillers”
Neha Jain, Associate Professor
of Law, University of Minnesota Law School, Minneapolis, MN, USA
¾
“Filling
Lacunae by Judicial Engagement with Constitutional Values and Comparative
Methods”
Francois Venter, Professor of Law, Faculty of Law, University of
Potchefstroom, Potchefstroom, South Africa
¾
“The
Role of the Judiciary in Harmonizing and Modernizing the Law: The Case of Sri
Lanka”
Anton Cooray, Associate
Dean, Faculty of Law, City University of Hong Kong, Hong Kong
¾ “Gaps in the Civil
Codes in the Louisiana and Italian Legal Systems: Legal Rulings and Judicial
Discretion”
Biagio Andó, Professor
of Law, University of Catania, Department of Political and Social Sciences,
Catania, Italy
08:00-10:00 Closing Dinner
Day
2: May 15, 2012
09:30-11:00 Panel IV: Judicial Creativity and Equity in Gap-Filling: Case
Studies of the European Mixed Jurisdiction System
Chair: Biagio Andó, University of Catania
¾
“Judicial Creativity in the European Mixed
Jurisdiction”
Barbara Pasa, Associate Professor, Private Comparative Law,
Department of Law, University of Torino, Turin, Italy & Lorenzo
Bairati, Senior Research Fellow,
Department of Law, University of Torino, Turin, Italy
¾
“The
Equitable Dimension of the CJEU’s Approach to Gap-Filling in EU Law”
Francesca Fiorentini, Assistant Professor in
Private and Comparative Law, Faculty of Law, University of Trieste, Trieste,
Italy
¾
“The
Problem of Gap-Filling and Judicial Activism in the European Court of Human
Rights’ Case Law”
Daria Sartori, PhD Candidate,
Doctoral School of Comparative and European Legal Studies of Trento, Trento,
Italy
11:00-11:15 Coffee Break
11:15-12:45 Panel V: Gap-Filling in Criminal Law vs
Private Law Matters
Chair: Salvatore Mancuso, University
of Cape Town
¾
“Filling
the Gap in Favor of the Accused: The Approach of Islamic Criminal Law in Light
of the Rule: “Do not Enforce Punishments in Cases of Doubt”
Hossein Mir Mohammadsadeghi,
Professor of Law, Shahid
Beheshti University, Tehran, Iran
¾
“Living
With/Out Proximity: The Absence of a Contested Concept in the Civil Law of
Tort”
Carl Stychin, Dean, City University Law School, London, UK
& Clemens
Rieder, Faculty Academic Fellow,
Lancaster University Law School, Lancaster, UK
¾
“Rules and Standards in Egyptian Private Law
and the Approaches to Gap-Filling”
Fayez Mohamed, Professor of Law, Alexandria University,
Alexandria, Egypt
12:45-02:15 Lunch
02:15-04:00 Judicial Creativity and Equity in Gap-Filling:
Country Case Studies
Chair: Anton Cooray, City
University of Hong Kong
¾
“The
Role of Judicial Creativity and Equity in the Turkish Covert Hybridity”
Esin Orücü, Professor Emerita of
Comparative Law, University of Glasgow, School of Law, Glasgow, UK
¾
“The Nobile Officium in Civil Jurisdiction: A Taxonomy of Equitable Gap-Filling in Scotland”
Stephen Thomson, PhD Candidate, Tutor, Part-time Lecturer, University
of Edinburgh, Edinburgh, Scotland
¾
“Filling
the Gaps: Case of Russia”
Irina Moutaye, Senior Researcher of the Department of Foreign
Countries Civil Legislation of the Institute of Legislation and Comparative Law,
Moscow, Russia
¾
“Of Gaps and the Common Law in the Cyprus Law
of Obligations”
Nikitas
Hatzimihail, Professor of Private Law,
University of Cyprus, Nicosia, Cyprus
04:00-04:30 Closing Remarks
Vernon Palmer, Thomas Pickles Professor of Law, President, World Society of Mixed
Jurisdiction Jurists, Co-Director, Eason Weinmann Center for Comparative Law,
Tulane Law School, New Orleans, LA, USA
Mohamed Mattar, Senior Research Professor of International Law, Executive Director,
The Protection Project at The Johns Hopkins University-SAIS, Washington, DC,
USA
Biagio Andó, Professor of Law, University of Catania,
Department of Political and Social Sciences, Catania, Italy
08:00-10:00 Closing Dinner
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