Traditionally, the United States has adopted a foreign policy that refuses to ratify the International Criminal Court treaty. This lecture explores the moral and legal responsibilities that the U.S. has in preventing and punishing mass atrocities across the globe. It argues that not only would American support of the ICC reinforce our deep faith in the rule of law, it is also a moral imperative to endorse this international institution. This lecture suggests that Americans have special talents to bring to this endeavor, as well as a collective responsibility to recognize and remember our shared humanity and to help improve the lot of those who are less fortunate. Drawing inspiration from the great American legal philosopher John Rawls, the author suggests that America’s moral obligations should arise not just from national self-interest, but should also produce the greatest payoff for the least advantaged among us. From this original position, as Rawls calls it, rules that promote social equality are the most desirable as they protect everyone. This lecture begins with the birth of international criminal law after the great wars of the last Century, and briefly discusses efforts to build a system of international criminal justice. Finally, the author concludes with why the United States should not only support, but also one day lead, the new International Criminal Court, and the world, in ending impunity for the commission of crimes against humanity.
Saturday, October 30, 2010
Friday, October 29, 2010
Jean Michel Arrighi, Secretary for Legal Affairs, Organization of American States
Jacob Katz Cogan (Univ. of Cincinnati – Law), Co-Chair, ASIL International Organizations Interest Group
Session 1: “The International Responsibility of the WTO”
Author: Noemi Gal-Or (Kwantlen Polytechnic Univ. – Politics and Law)
Commentator: Steve Charnovitz (George Washington Univ. – Law)
Session 2: “Regional Arrangements as an Expression of Diversity in the International System”
Author: Richard Burchill (Univ. of Hull – Law)
Commentator: Christoph Mikulaschek (International Peace Institute)
Session 3: “Beyond the Monopoly of States: Civil Society and the Governance of International Institutions”
Author: David Gartner (Arizona State Univ. – Law)
Commentator: Lesley Wexler (Univ. of Illinois – Law)
Session 4: “Actor, Forum, Resource: Legal and Political Aspects of International Organizations”
Author: Ian Hurd (Northwestern Univ. – Political Science)
Commentator: Jacob Katz Cogan (Univ. of Cincinnati – Law)
Session 5: “Relational Contract Theory and UN Peacekeeping”
Authors: Ian Johnstone (Tufts Univ. – Fletcher School) & Garth Schofield (Permanent Court of Arbitration)
Commentator: Kristen E. Boon (Seton Hall Univ. – Law)
Session 6: “Regime Collisions and the Role of the Law of Responsibility”
Author: Kristen E. Boon (Seton Hall Univ. – Law)
Commentator: Ian Johnstone (Tufts Univ. – Fletcher School)
Session 7: Young Scholars Panel
Authors: Megan Donaldson (New York Univ. – Law), “The Politics of Transparency: The World Bank Access to Information Policy”
Guy Fiti Sinclair (New York Univ. – Law), “Of Living Trees and Constitutional Moments: Social Imaginaries and the Expansion of International Organizations”
Commentators: Björn Arp (Universidad de Alcalá – Law)
Jason Dominguez (Texas Southern Univ. – Law)
Conference: “Through the Looking Glass” – National Engagement with International and Foreign Law and Governance
This two-day conference/workshop brings together international and Australian audiences from government, academia, the courts, and the broader legal profession to discuss international, comparative, and national perspectives on municipal judicial engagement with international and foreign law.
Scott Sheeran (Univ. of Essex - Law) will give a talk today at the Lauterpacht Centre for International Law's Friday Lunchtime Lecture Series on "UN Peacekeeping and International Law: The Need for Reform."
Thursday, October 28, 2010
Føllesdal: Why the European Court on Human Rights Might Be Democratically Legitimate: A Modest Defense
According to critics in some of the Nordic countries the bodies that monitor and adjudicate international human rights courts are undermining their own legitimacy by adhering to undemocratic practices. The strongest normative case against the judicial review that such bodies perform could be directed at the European Court on Human Rights (ECtHR), which monitors many wellfunctioning democracies. Section 1 lists normative objections to judicial review in general. Section 2 sketches a normative defense this practice, and Section 3 presents some relevant aspects of the ECtHR. Section 4 returns to consider the various objections. The mandate, composition, institutional environment and mode of operation of the ECtHR renders it immune to several of these criticisms. The conclusion identifies some objections that merit further attention, both for empirical research and for normative analysis.
- Lars C. Berster, 'Duty to Act' and 'Commission by Omission' in International Criminal Law
- Alison Bisset, Truth Commissions: A Barrier to the Provision of Judicial Assistance?
- Jocelyn Courtney, Enforced Disappearances in Colombia: A Plea for Synergy between the Courts
- Caroline Fournet & Clotilde Pégorier, 'Only One Step Away From Genocide': The Crime of Persecution in International Criminal Law
- Regina E. Rauxloh, Negotiated History: The Historical Record in International Criminal Law and Plea Bargaining
- Christopher W. Mullins & Dawn L. Rothe, The Ability of the International Criminal Court to Deter Violations of International Criminal Law: A Theoretical Assessment
- Mohammed Ayat, Quelques apports des Tribunaux pénaux internationaux, ad hoc et notamment le TPIR, à la lutte contre les violences sexuelles subies par les femmes durant les génocides et les conflits armés
- Robert J. Currie & Ion Stancu, R. v. Munyaneza: Pondering Canada's First Core Crimes Conviction
- Jamil Ddamulira Mujuzi, Is There a Need for the ICTY to Clarify the Difference(s) between Life Imprisonment and Imprisonment for the Remainder of the Offender's Life? The Galić and Lukić Decisions
"A Community of Scholars"
The Law Department
A Chair in International Law (LAW1)
"A community of scholars" is looking for candidates with a distinguished record of scholarly publications and experience in postgraduate teaching and doctoral supervision, to fill A Chair in International Law (LAW1). The Law Department calls for applications for a Chair in International Law. Expertise is sought in general international law and in particular in regional and global systems of human rights.
The chair will become vacant from 1 October 2012. The contract is for five years, renewable once for a period of three years. The Institute is an equal opportunity employer, and takes into account the importance of balance in gender, geographical and minority representation.
Interested applicants should contact:
CONTACT: The Director of the Academic Service, Dr. Andreas Frijdal, in order to receive an application and information pack.
Deadline for receipt of applications: 15 February 2011.
POSTAL: European University Institute, Via dei Roccettini 9, I-50014, San Domenico di Fiesole, ITALY
Katharina Pistor (Columbia Univ. - Law) will give a talk today at the Columbia Law School Faculty Workshop on "The Vienna Initiative: Model for Governing Interdependent Financial Systems."
Wednesday, October 27, 2010
This draft chapter is an attempt to discuss debates on the character of international law as a legal system. The chapter seeks to identify certain ideal-typical characteristics of international law and sees how those affect the debate on whether international law is "really law." It suggests that international law's distinctivness is that it is a legal system that resists both reform through centralization, absorption by empires, or dissolution through privatization.
- October 29, 2010: Marko Milanovic (Univ. of Nottingham - Law), "Is the Rome Statute of the International Criminal Court Binding on Individuals? (And Why We Should Care)"
- December 1, 2010: Jason A. Beckett (Univ. of Leicester - Law), "Exonerated Under Law's Benevolent Gaze? Poverty, Exploitation and Implication in the International Community"
- January 28, 2011: Margot E. Salomon (LSE - Law), "Locating the Distant Other in Contemporary International Law"
- February 2, 2011: Andrew Lang (LSE - Law), "Fragmentation, Constitutionalism and the Neoliberal Moment in International Law"
- February 9, 2011: Rachel Murray (Univ. of Bristol - Law), "Lessons for the Optional Protocol to the UN Convention Against Torture for the Disability Convention: Role of National Institutions"
- Alexandre Parola, Rawls e Habermas - Leitores de Kant
- Djamchid Momtaz, La Contribution de l’Organisation des Nations Unies au Développement du Droit International Humanitaire
- Emmanuel Decaux, Eduardo Rispoli & Tatiana Campos Rocha, L’Éducation et la Formation aux Droits de l’Homme La Construction du Droit International: un Processus de Maturation Collective
- Fernando G. Reis, Antigone, Power and Diplomacy
- Juliana Lima, A Justiça de Transição como Modelo de Gestão de Conflitos: um Mito Universal?
- Karina Marzano Franco, Desenvolvimento e Comércio: a Viabilidade de uma Cláusula Social na OMC
- Leonardo Nemer Caldeira Brant & Délber Andrade Lage, O Aumento do Número de Órgãos Judiciais Internacionais e suas Repercussões para a Sociedade Internacional
- Olivier Corten, Vers une "Déterritorialisation" de l’Interdiction du Recours à la Force dansles Relations Internationales?
- Orlando Pulvirenti, Derechos Económicos, Sociales y Culturales Su Operatividad en el Sistema Americano y el Caso de la República Argentina
- Valerio de Oliveira Mazzuoli, The Inter-American Human Rights Protection System Structure, Functioning and Effectiveness in Brazilian Law
- Carla Ribeiro Volpini Silva, A Influência da Globalização nas Manifestações Culturais e o Diálogo Intercultural como uma Genuína Alternativa de Respeito à Diversidade e ao Multiculturalismo
- Isabelle Moulier, Les Restitutions Extraordinaires et la Convention Internationale Contre la Torture
- Jean-Marc Sorel, Le Système Monétaire et Financier et le Droit International: Chronique d’une Crise Annoncée
- Jean-Marc Thouvenin, Les Dynamiques du Droit des Relations Économiques Internationales
- José Luis Jesus, The Gilberto Amado Memorial Lecture
- Leonardo Pasquali, El Derecho a la Educación como Derecho Humano: del Cuadro Normativo Universal a la Contribuición Regional Europea
- Liliana Lyra Jubilut, Os Fundamentos do Direito Internacional Contemporâneo: da Coexistência aos Valores Compartilhados
- Suzana Santi Cremasco & Tiago Eler Silva, A Importância dos Tratados Bilaterais de Investimento para a Atual Posição Brasileira no Mercado Internacional
- J. Frederick Grassle, On the Abundance and Diversity of Oceanic Life: The 2010 Census of Marine Life
- Murray A. Rudd, A Logic Model for Assessing the Sustainability of Canadian Oceans Management, Policy and Governance
- Cherdsak Virapat, The Government of Thailand's Adaptive Learning in Disaster Management for Community Awareness and Resilience: An International Collaboration and Coordination Case Study
- David H. Anderson, Maritime Dispute Settlement and the Practitioner
- Gonçalo Carneiro, The Social Dimension of Portugal's Ocean Policies
- Catarina Grilo, The Impact of Maritime Boundaries on Cooperation in the Creation of Transboundary Marine Protected Areas: Insights from Three Cases
- George Taft, The United Nations Convention on the Law of the Sea: The Commission on the Limits of the Continental Shelf—A Force for Enhancing Stability in the Oceans (or Not)
- John F. Caddy, Minority View on Ecosystem-Based Management and Ecosystem-Based Fisheries Management
- Marta Cecilia Engler Palma, Non-Compliance Procedures: Can Regional Fisheries Management Organizations Learn from the Experience of Multilateral Environmental Agreements?
- Lucia M. Fanning and Christopher D. Burbidge, Towards a Coastal Area Definition for Nova Scotia
- Thomas H. Hutchinson, Pharmaceuticals as Emerging Contaminants in Coastal Ecosystems
- Tony George Puthucherril, Trans-Βοundary Movement of Hazardous Ships for Their Last Rites: Will the Ship Recycling Convention Make a Difference?
- Stuart Hetherington, Places of Refuge for Ships in Need of Assistance: The Work of the Comité Maritime International
- Robert J. McCalla, Adventure Cruise Shipping in Polar Regions: An Overview
- Amy E. Moen, For Those in Peril on the Sea: Search and Rescue under the Law of the Sea Convention
- Vsevolod Peresypkin & Vladimir Vasilyev, The Russian Arctic Marine Transportation Policy
- Zoë Castle, Stephen Fletcher & Emma McKinley, Coastal and Marine Education in Schools: Constraints and Opportunities Created by the Curriculum, Schools, and Teachers in England
- Alexandros Kailis, Towards the Adoption of an Integrated Approach to the Governance of the Arctic Ocean: The European Perspective
- Peggy C.Y. Leung, Arctic Continental Shelf Delineation and Delimitation: The Significance of Ratifying the United Nations Convention on the Law of the Sea and the Sector Theory
- Ted L. McDorman, The South China Sea after 2009: Clarity of Claims and Enhanced Prospects for Regional Cooperation?
Tuesday, October 26, 2010
Wouters, Brems, Smis & Schmitt: Accountability for Human Rights Violations by International Organisations
With the proliferation of international organisations and their ever increasing role in a wide range of policy fields, situations multiply in which human rights are threatened or violated through the actions, operations or policies of such organisations. The present book, with carefully selected contributions from many prominent scholars and practitioners, is the first to explore these problems in a comprehensive manner and to examine the accountability mechanisms that are available.
In a first, cross-cutting part, the contributions study general concepts, such as the accountability of international organisations as an evolving legal concept, international organisations as independent actors, the logic of sliding scales in the law of international responsibility and the relations between the international organisations and their Member States in regard to their respective obligations and responsibilities.
The subsequent parts of the book focus on the accountability for human rights violations attributable to international organisations in four areas: (i) peace and humanitarian operations; (ii) international civil administration; (iii) economic governance; and (iv) staff of international organisations.
- Eric Loquin, De l'obligation de concentrer les moyens à celle de concentrer les demandes dans l'arbitrage
- Valérie Pironon, L'arbitrage des différends entre une joint venture et l'Etat d'accueil de l'investissement : à la recherche de la nationalité de l'investisseur
- Mathias Audit, Le nouveau régime de l'arbitrage des contrats administratifs internationaux (à la suite de l'arrêt rendu par le Tribunal des conflits dans l'affaire INSERM)
The how and why of connecting international human rights law and WTO law has been a hotly debated topic in international legal scholarship for quite some time. This book explores the extent to which these two sub-regimes of international law can be meaningfully linked as a matter of law and policy. WTO law on cultural and educational goods and services, thus far under-explored in this area of study, is taken as a case study.
The book first develops an international law based framework to assess the interface of human rights and WTO obligations. Its analysis reveals that GATT and GATS driven liberalisation in the area of culture and education raises tensions with various human rights norms. Applying the human rights/WTO law assessment framework, it is argued that these concerns would be best voiced by relying on the obligation to protect the right to education.
In the light of this situation the book first shows the potential to bring up this obligation in the context of WTO law and Dispute Settlement. The GATS clause relating to public services and the GATT/S General Exceptions provisions are found to be capable of accommodating States’ parallel human rights obligations. Yet, the book argues that this possibility alone will not automatically lead to a satisfactory result. Various remaining conceptual, methodological, and institutional barriers will need to be overcome. Further measures are suggested to ensure that human rights and WTO obligations can and will be taken equally seriously in practice.
- Zeng Huaqun, Initiative and Implications of Hong Kong’s Bilateral Investment Treaties
- Locknie Hsu, 2000-2009: A Decade of Security-Related Developments in Trade and Investment
- Mahmoud Eljafari, Palestinian Capacity Building Needs in Trade Policy and Trade Facilitation
- Mary B. Ayad, Investor risks due to “Sovereign Immunity” pleas in Court Rulings on Arbitral Award Enforcement of MENA-FI Investments can be mitigated via a Harmonised International Commercial Arbitration Law Code
- Anil Kumar Kanungo, India’s Overseas Investment in Africa: An Initiative for South-South Cooperation
- Qingxiu Bu, China’s Sovereign Wealth Funds: Problem or Panacea?
- Seyed Mohammad & Hassan Razavi, Labour Standards and WTO – Dilemma of Legitimacy and Efficacy
Monday, October 25, 2010
- John Mathiason & Kirsten Haack, International Organizations Studies: a new frontier for scholarship
- Theorizing International Organizations
- David Ellis, The Organizational Turn in International Organization Theory
- Explaining International Organizations
- Joachim Mueller, United Nations System Coordination. The Challenge of Working Together
- John Mathiason & Medani Bhandari, Getting the Facts Right. The Intergovernmental Panel on Climate Change and the New Climate Regime
- Adam Kamradt-Scott, The WHO Secretariat, Norm Entrepreneurship & Global Disease Control
- Insider’s View: “Academics and Practitioners”
- Luise Druke, Mobilizing Academic Involvement for UN Humanitarian Action
Michaels: Empagran’s Empire: International Law and Statutory Interpretation in the US Supreme Court of the 21st Century
In its Empagran decision in 2004, the US Supreme Court decided that purchasers on foreign markets could not invoke US antitrust law even against a global cartel that affects also the United States. This article, forthcoming in a volume dedicated to the history on international law in the US Supreme Court, presents three radically different readings of the opinion. The result is that Empagran is a decision that is transnationalist in rhetoric, isolationist in application, and hegemonial in its effect. A decision with a seemingly straightforward argument is found riddled in the conflict between these different logics. A decision with few references to international law displays deep links to some of the most pressing international law issues. A decision with a forward‑looking globalization rhetoric finds itself mired in history. A decision praising harmony displays somber parallels to decisions refusing interference with the evil of slave trade. This has implications for our understanding of international law today, and for its place in its own history.
NGOs play an increasingly important role not only as international political actors but also as organizations involved in the creation, implementation and enforcement of international law. Have these organizations acquired an international status equivalent to that of States or international governmental organizations? This question is difficult to answer because there is a disparity between the reality of international NGO involvement and impact, and the international legal framework regulating this participation. Until now, NGO rules have developed organically within each organization, treaty body or international court. There is no unique set of international rules referring to NGOs as a category. In this context, it becomes relevant to survey and examine the international provisions that regulate NGO action at the international level in order to reach a conclusion on the legal status of NGOs and how this status should evolve and NGO accountability should be approached at the international level.
- October 19, 2010: Different Speakers, "Updates and Developments in International Law"
- October 26, 2010: Christoph Schreuer (Univ. of Vienna - Law), "International Investment Arbitration"
- November 30, 2010: Yuval Shany (Hebrew Univ. of Jerusalem - Law), "Two Sides of the Same Coin? Judging Milošević and Serbia before the ICTY and ICJ"
- December 7, 2010: Curtis A. Bradley (Duke Univ. - Law), "International Law and the U.S. Common Law of Foreign Official Immunity"
- December 28, 2010: Roy Sheindorf, "Universal Jurisdiction"
- January 5, 2011: Different Speakers, "New Areas of Research in International Law"
This paper explores the possibilities for linkages between various forms of positivism accepted by many international lawyers and various forms of cosmopolitanism advocated by scholars of global justice. Building on Bruno Simma's conception of "enlightened positivism," it identifies areas in which cosmopolitan trends have already seeped into the fabric of international law and the key gaps between positivist and cosmopolitan visions of international law and the international community. Emphasizing the contributions that philosophical inquiry can add to international legal scholarship, and vice-versa, it concludes with some thoughts on further integration of cosmopolitan thinking into positivist methodologies.
Sunday, October 24, 2010
- In Focus – Global Policies and Law
- Steven W. Becker, “I Think, Therefore I Am Guilty”: Suppressing Speech and Hijacking History – The Case Against Criminalizing Hate Speech and Revisionism as Global Policy
- Antonio Remiro Brotóns, Crímenes Internacionales, Jueces Estatales: De la Universalidad, las Inmunidades y Otras Soledades
- Malgosia Fitzmaurice, Global Importance of Human Rights for Environmental Protection
- Philippe Gautier, Le Règlement Obligatoire des Différends Relatifs au Droit de la Mer et la Pratique des Etats
- Joyeeta Gupta, Climate Law: Gap Between Normative Rhetoric and Politics
- Kishan Khoday, Towards the 2012 Rio Earth Summit and the Evolution of International Environmental Law in a Multi-Polar World
- Hans Köchler, The Politics of Global Powers
- Suzannah Linton, The Role of Judges in Dealing with the Legacies of the Past
- Notes and Comments
- Anna Oriolo, The Multilateral Approach of the EU Maritime Security Policy: The Fight Against Piracy, Terrorism and Violence at Sea