International Public Law has traditionally been a male-dominated field, both nationally and internationally. The majority of textbooks and articles are written by men and the majority of judges and lawyers participating in international tribunals are men. In the recent time period, women researchers have increased their international publications and have been selected to serve as judges and lawyers in the international tribunals. Among those most famous are: Rosalyn Higgins, former President of the International Court of Justice in the Hague, and Navi Pillay, former President of the International Criminal Tribunal for Rwanda, currently the UN High Commissioner for Human Rights. At present women are participating at all levels within the field. They argue important cases as lawyers before national, regional and international tribunals, committees/commissions, offer interpretation of norms as judges; and they propose new normative theories as researchers. This is a unique opportunity to create an international network of inspirational women scholars. There is a need to bring together academic women to promote new research collaboration strengthen their ability to influence the creation and elaboration of international law. There is a clear incentive to profile women as subjects of international public law development, both for students and female researchers seeking recruitment to the law faculties. We hope that the conference will promote opportunities for guest lecture and future research collaboration on the topics identified in the conference.
Scholars from across the globe are invited to present papers addressing challenges in relation to the creation of international law from theoretical or contextual perspectives. We welcome papers on sources, actors, law-making, interpretation, dispute resolution, and practice in selected fields of international law. We seek analysis of how the elaboration of international law at the national, regional, and international levels is affected by economic crisis, trade and investment instability, war, forced migration, international criminal networks and climate change.
Further, we welcome discussion as to what extent non-state actors (such as multinational companies or NGOs) promote the creation of new (quasi-legal) norms and why regulation is difficult by institutions at the different levels. We invite reflection over the large volume of “soft law” principles and guidelines, as well as increased resort to alternative dispute resolution forums. Can we still apply Francke’s measure of determinacy, symbolic validation, coherence and adherence to a normative hierarchy? There are dilemmas pertaining to the legitimacy of institutions at the different levels interpreting norms that have inter and intra state impact; resulting in increased resistance of states and/or private actors in implementing decisions. Is there a dilution of “good faith” implementation of treaties and rejection of the oversight monitors assigned to them? Is there a decrease in transparency and procedural fairness in national administrative agencies and judiciaries in response to increased possibility of oversight from above? What changes are occurring in relation to Koh’s identification of transnational legal processes (interaction, interpretation, and internalization) as the framework for norm evolution?
How is law created, interpreted and applied in states undergoing crisis, conflict, or post-conflict phases? What is the implication of the increased multi-disciplinary nature of normative evolution? What are the most relevant sources of law? How can we improve enforcement of norms contained in multilateral (human rights and environmental law) instruments in which simple reciprocity is unavailable? Is there a need to look beyond the law to achieve just solutions to present challenges?
Thursday, April 15, 2010
Conference: The Creation of International Law: An Exploration of Normative Innovation, Contextual Application, and Interpretation in a Time of Flux
The Research Group on Internationalisation of Law and the Department of Public and International Law at the University of Oslo Faculty of Law will host a conference on "The Creation of International Law: An Exploration of Normative Innovation, Contextual Application, and Interpretation in a Time of Flux," August 6-7, 2010, in Oslo. Here's the idea:
