The Project analyzes the rising phenomenon of transnational arbitrations between private economic actors and public law bodies as a mechanism of global regulatory governance. Its aim is to uncover to which extent and under which conditions arbitrators generate the rules governing public-private relations rather independently of specific domestic legal systems and their democratic processes, and thereby prospectively steer and restrict government conduct. The body of law crafted by arbitral tribunals is what the Project designates as “lex mercatoria publica”. The Project will describe and analyze the content of the lex mercatoria publica and develop, through comparative law research, normative criteria to assess the legitimacy of private-public arbitrations in democratic societies that are based on the rule of law (for more information see www.lex-mp.de).
The Research Fellow is expected to undertake, as part of a Ph.D. dissertation, a study into issues of norm diffusion, namely how public law traditions in different jurisdictions regarding private-public arbitration relate to each other, how respective ideas and concepts migrate from one jurisdiction to another, and how such ideas oscillate between international and national legal instruments. The dissertation will be closely supervised and integrated into the broader research agenda of the Project and the Institute (see www.mpil.de). Candidates interested in comparative public law, international law, international arbitration, and governance are especially encouraged to apply.
Applying
Applicants must hold a degree in law or a closely related social science which ranks above average (applicants with a law degree from Germany should have received at least a “vollbefriedigend” in their First or Second State Exam), must demonstrate interest in fundamental research in international arbitration and comparative law, and must be fluent in English (oral and written).
The salary and social benefits follow the collective labor agreement for the German public service (TV?D EG 13 (1/2)). Initial appointment (start date 1 May 2013 or later) is limited to two years. The Max Planck Society is committed to employing more handicapped individuals and especially encourages them to apply. The Max Planck Society seeks to increase the number of women in those areas where they are underrepresented and therefore explicitly encourages women to apply.
Please send inquiries and applications (with statement of interest, resumé, supporting documentation, and contact details of two referees) to lex-mp@mpil.de by 30 April 2013.