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EU solidarity as collective self-defence? Constitutionalism and the public uses of coercion and force

den 13 november 2019, kl. 15:00

Ester Herlin-Karnell discusses the notion of self-defense as a justification for waging war and how it potentially applies to the EU and its Member States.

Ester Herlin-Karnell focuses, in her talk, on the relationship between security regulation (such as the fight against terrorism), constitutionalism and the principle of solidarity in EU law in this context. She will also aim to explore the notion of collective self-defence and what it means in a constitutional framework. The presentation is based on a work-in-progress paper and forms part of a forthcoming edited volume entitled, “The Public Uses of Coercion and Force: From Constitutionalism to War”, edited by Ester Herlin-Karnell and Enzo Rossi (University of Amsterdam) to be published by Oxford University Press and with a reply and comment by Professor Arthur Ripstein, Toronto University.

Ester Herlin-Karnell is currently a visiting researcher and guest lecturer at Uppsala University, Faculty of Law. She is the author of The Constitutional Structure of Europe’ Area of Freedom, Security and Justice and the Right to Justification (Hart 2019), Market Manipulation and Insider Trading (with N Ryder, Hart 2019), The Constitutional Dimension of European Criminal Law (Hart 2012), as well as numerous articles and book chapters. She is also the co-editor of Constitutionalism Justified: Rainer Forst in discourse (with M Klatt, OUP 2019), What is wrong with Human Trafficking? (with Haverkamp and Lernestdt, Hart 2018), The EU as an Area of Freedom, Security and Justice (with Fletcher and Matera, Routledge 2016) as well as co-editor of special issues inter alia in Transnational Legal Theory and the German Law Journal. Ester was previously a Professor of EU Constitutional Law and Justice and a University Research Chair at VU University Amsterdam, The Netherlands where she also was the founder and co-director of the Centre for European Legal Studies (2009-2019). Her research interests lie in the area of EU criminal law, EU area of freedom, security and justice law, EU market regulation, constitutional law, just war theory and political theory. In recent years, Ester has been a visiting scholar at the Raoul Wallenberg Institute in Lund, an Emile Noël Fellow at New York University, a Senior Grotius Scholar at Michigan University Law School, and a visiting fellow at the WZB Berlin Social Science Centre, the Global Trust Centre at Tel Aviv University, the Minerva Centre at Haifa University and at the University of Toronto, Faculty of Law. Ester holds a Jur kand from Stockholm University, an LLM from King’s College London as well as a DPhil in EU law from Oxford University. Before embarking on an academic career she did court practice (clerkship) in Sweden.

This seminar is organized in collaboration with Stockholm Centre for International Law.

Jaan Paju, associate professor, Stockholm University
Pål Wrange, professor, Stockholm University


Wednesday, 13 November 2019, at 15:00 (refreshments will be served after the seminar)
Stockholm University, Universitetsvägen 10, C-house, 8th floor, Faculty room

Detta seminarium ägde rum den den 13 november 2019