Conference: The Return of the "S" Word: Sovereignty in Contemporary International Law

On May 16, 2018, the British Institute of International and Comparative Law will host the 27th Annual SLS/BIICL Workshop on Theory & International Law. The theme is: "The Return of the 'S' Word: Sovereignty in Contemporary International Law." The program is here. Here's the idea:

It was not too long ago, in the days, months and years following the collapse of the Berlin Wall, that many prominent "internationalists" (lawyers and international relations theorists alike) were relishing the end, or death, of state sovereignty - or at the very least ushering in the concept's twilight years. Fast forward to the present, however, and the geo-political climate at the start of 2018 seems only to highlight the naivety of this assumption and the continuing longevity of the idea of sovereignty and the importance of states' political independence. Under a rising tide of populist nationalism in the West and a resurgence of authoritarianism among existing and emerging superpowers in the East, sovereigntist rhetoric continues to play out in self-determination struggles, as well as mooted withdrawals from international institutions like the European Union and the International Criminal Court - institutions championed very much in opposition to the worst excesses of state sovereignty.

With this background in mind, the 2018 Workshop on Theory and International Law aims to re-engage the concept of sovereignty in contemporary international law, inviting contributions which relate to the (contested) nature or evolving meaning of state sovereignty, as well as how the concept manifests in relation to specific areas of international law and institutional practice, including e.g. statehood and self-determination struggles, membership and withdrawal of international organisations, etc.

Conference: BIICL WTO Conference 2018

On June 8, 2018, the British Institute of International and Comparative Law will host its 2018 WTO Conference. Here's the idea:

As in the past, this year's WTO Conference will explore emerging ideas and developments in international trade law. It will bring together leading academics and practitioners to discuss the implications of recent global developments. 2018 has seen great challenges and debates concerning the validity of WTO law and its very foundation. This year's BIICL WTO Conference will debate some of the most important current academic and practical issues with topics ranging from Brexit to the active undermining of the international legal trade order by some of its founding members. New topics will also be debated such as trade and climate change. The founding of the WTO in 1994 and, before it, the establishment of the GATT 1947 have provided the legal framework for the rules-based international trading system. The BIICL WTO Conference takes place at a critical crossroad where this system may either be affirmed and strengthened or undermined by a resurgence of economic nationalism and new barriers to trade. This conference is of high practical value as the UK prepares to leave the European Union. As such legal practitioners will have to take WTO rules more directly into account when advising international companies and actors.

Call for Papers: 27th Annual SLS/BIICL Workshop on Theory & International Law

A call for papers has been issued for the 27th Annual SLS/BIICL Workshop on Theory & International Law. The theme is: "The Return of the "S" Word: Sovereignty in Contemporary International Law." The call is here.

Conference: Thirtieth Investment Treaty Forum Public Conference

The British Institute of International and Comparative Law will host the Thirtieth Investment Treaty Forum Public Conference on May 11, 2018. The theme is: "Enforcement in International Investment Law." The program is not yet available. Here's the idea:

From enforcement of an arbitration agreement to enforcement of provisional measures and final awards, parties and tribunals have to rely on domestic authorities.

In addition to difficult issues common to any arbitration proceedings, such as enforcement against non-signatories to the arbitration agreement, tracing the assets of reluctant debtors, and stay of enforcement, investor-State disputes add other complex issues.

These include State immunity, different regimes under the New York Convention, the International Centre for Settlement of Investment Disputes (ICSID) Convention and other regional conventions, as well as in States non-signatories to such conventions. Additional difficulties arise with the enforcement of non-pecuniary provisional measures and cost awards.

The recent decision of the European Court of Justice in Achmea v Slovakia poses serious questions related to the enforceability of intra-EU investment treaties and awards.

These issues require a good understanding of the interplay between public international and domestic law.

To discuss these issues the Thirtieth ITF Public Conference will convene in London on 11 May 2018. The Forum will bring together leading arbitrators, judges, practitioners and academics, drawn primarily from ITF members, to debate issues related to enforcement in international investment law.

The Conference will also mark the sixtieth anniversary of the 1958 New York Convention, which continues to play an important role in international investment disputes.

Conference: Twenty-Ninth Investment Treaty Forum Public Conference

The British Institute of International and Comparative Law will host the Twenty-Ninth Investment Treaty Forum Public Conference on October 20, 2017. The theme is: "Treaty Law Issues in International Investment Law." The program is here. Here's the idea:

Questions of applicability, interpretation and succession of treaties are decisive for resolution of many investor-state disputes. Although States can be bound by treaties under international law, investors are not parties to treaties but still have rights and obligations under international investment law.

Complex issues of treaty law may arise at the stage of entering into effect and application of unratified investment treaties, for example related to the impact of unratified treaties on customary international law and provisional application of unratified treaties, such as the Energy Charter Treaty.

When applying and interpreting international treaties, tribunals also deal with issues of application of investment treaties in the context of territorial changes and armed conflicts. They also rely on the Vienna Convention on the Law of the Treaties and engage other extraneous legal rules and actors for treaty interpretation.

Conference: 56th Annual London-Leiden Meeting

The 56th Annual London-Leiden Meeting will take place on June 24, 2017, at the British Institute of International and Comparative Law. The topic is: "Courting Europa No Longer: The Jurisdiction of the Court of Justice." The program is here. Here's the idea:

This year, the London-Leiden conference will revisit a theme it explored in 2009: preliminary references at the Court of Justice of the EU (CJEU). The UK's notice of its intention to withdraw from the EU has cast into doubt the future of its relationship with the CJEU, and the fate of the Unified Patent Court. In its 56th year, the London-Leiden meeting on EU will examine the uncertain nature of these relationships, in Sessions I and II, and host a Brexit Roundtable in Session III. Please join us to discuss these important and complex issues with experts from the UK and abroad.

Conference: Brexit, China and Other New Challenges to International Trade Law

On May 31, 2017, the British Institute of International and Comparative Law, together with the University of Surrey, will hold a conference on "Brexit, China and Other New Challenges to International Trade Law." The program is here. Here's the idea:

A vigorous debate has begun over the impact of Brexit on the UK's trade agreements with the EU and non-EU countries and on the system of international trade law. The EU currently has preferential trade deals with over 50 partners and is actively negotiating with China, India and the USA.

The UK and many of its trading partners will need to renegotiate all of these agreements whilst protecting their interests and the interests of regional trading blocs such as NAFTA, ASEAN and MERCOSUR. That will require new approaches, likely resulting in new international trade models, which will inevitably affect the law and practice of international trade.

The conference will gather in London the leading academics and practitioners in the area of international trade law. The panellists will discuss the most current problems of international trade law, including the impact of Brexit on UK-EU trade relations, China's role in the global trade system as well as the new trends in international trade treaty making.

Conference: 26th Annual SLS-BIICL Conference on Theory and International Law (Update)

On May 3, 2017, the Society of Legal Scholars and the British Institute of International and Comparative Law will hold the 26th Annual SLS-BIICL Conference on Theory and International Law, at the BIICL. The theme is: "Inside the Mind of International Decision-Makers." The program is now available here. Here's the idea:

The 2017 Conference on Theory and International Law seeks to understand better the behaviour of those who shape international law - international and domestic judges, arbitrators, and state officials. Inspired by ground-breaking research that opens the "black box" of international decision-making, this Conference invites participants to theorise, experiment and speculate.

Some of the questions we will explore are: Do decision-makers behave rationally? Do they behave predictably?What factors may influence their decision-making? What are the roles of cognitive skills, intuition, and background, including education and political persuasion? What are the implications of these insights for choosing a method of dispute settlement for a particular case or designing a dispute settlement mechanism for future disputes? What are the implications for the conduct and procedures of international negotiations?

Conference: Twenty-Eighth Investment Treaty Forum Public Conference

The British Institute of International and Comparative Law will host the Twenty-Eighth Investment Treaty Forum Public Conference on May 12, 2017. The theme is: "Economic Crime and International Investment Law." The program is here. Here's the idea:

Interaction between public law regulating economic crime and private investor-state dispute resolution has given rise to a significant theoretical and practical problems, which the Twenty Eighth ITF Public Conference will address. Leading arbitrators and practitioners drawn primarily from ITF members will discuss the challenges and risks related to allegations of economic crimes in international investment arbitration.

The panellists will discuss breach of substantive national and international law obligations, particularly related to corruption and tax evasion, as a bar to jurisdiction of investment tribunals. The conference will also address the effect of economic crimes on the merits of investor-state disputes, including issues of state attribution and responsibility and the effect of domestic proceedings.

In addition, a special panel will deal with evidentiary challenges of allegations of economic crimes in investor-state disputes and will touch upon issues such as burden of proof, evidentiary privileges and freedom of information.

Conference: 26th Annual SLS-BIICL Conference on Theory and International Law

On May 3, 2017, the Society of Legal Scholars and the British Institute of International and Comparative Law will hold the 26th Annual SLS-BIICL Conference on Theory and International Law, at the BIICL. The theme is: "Inside the Mind of International Decision-Makers." Here's the idea:

The 2017 Conference on Theory and International Law seeks to understand better the behaviour of those who shape international law - international and domestic judges, arbitrators, and state officials. Inspired by ground-breaking research that opens the "black box" of international decision-making, this Conference invites participants to theorise, experiment and speculate.

Some of the questions we will explore are: Do decision-makers behave rationally? Do they behave predictably?What factors may influence their decision-making? What are the roles of cognitive skills, intuition, and background, including education and political persuasion? What are the implications of these insights for choosing a method of dispute settlement for a particular case or designing a dispute settlement mechanism for future disputes? What are the implications for the conduct and procedures of international negotiations?

Call for Papers: 26th Annual SLS-BIICL Conference on Theory and International Law

The Society of Legal Scholars and the British Institute of International and Comparative Law (BIICL), have issued a call for papers for the 26th Annual SLS-BIICL Conference on Theory and International Law, to be held May 3, 2017, at the BIICL. The theme is: "Inside the Mind of International Decision-Makers." Here's the call:

26th Annual SLS-BIICL Conference
on Theory and International Law

3 May 2017, 14:00-19:00
British Institute of International and Comparative Law,
Charles Clore House, 17 Russell Square, London WC1B 5JP

INSIDE THE MIND OF INTERNATIONAL DECISION-MAKERS

The 2017 Conference on Theory and International Law seeks to understand better the behaviour of those who shape international law - international and domestic judges, arbitrators, and state officials. Inspired by ground-breaking research that opens the “black box” of international decision-making, this Conference invites participants to theorise, experiment and speculate.

Some of the questions we will explore are: Do decision-makers behave rationally? Do they behave predictably? What factors may influence their decision-making? What are the roles of cognitive skills, intuition, and background, including education and political persuasion? What are the implications of these insights for choosing a method of dispute settlement for a particular case or designing a dispute settlement mechanism for future disputes? What are the implications for the conduct and procedures of international negotiations?

We are pleased to announce that the keynote address will be delivered by Professor Anne van Aaken, Professor of Law and Economics, Legal Theory, Public International Law and European Law at the University of St. Gallen and Vice-President of the European Society of International Law. She has coauthored an article, Inside the Arbitrator’s Mind, which is the first-ever experimentally conducted psychological study of international arbitrators.

The closing address will be given by Dr Charlotte Peevers of the University of Glasgow who will speak on ‘Prospects of truth seeking: the Chilcot Inquiry and the decision to go to war’.

The convenors welcome contributions that:

• Draw on different disciplines, such as economics or psychology;
• Employ experimental or empirical methods;
• See to look behind a judgment or award to the factors that influence and motivate decisions;
• Consider the process of decision making; and/or
• Examine implications for dispute settlement strategies and institutions.

APPLICATION PROCESS

Submission of abstracts is open to academics, including graduate students, and to legal practitioners. Please submit an abstract in Word or PDF of no more than one page to Dr Philippa Webb (philippa.webb@kcl.ac.uk) and Professor Christian Henderson (C.M.Henderson@sussex.ac.uk). The following information should also be provided with each abstract:

• The author’s name and affiliation
• The author’s CV, including a list of relevant publications
• The author’s contact details, including email address

The deadline for submission of abstracts is 20 March 2017. Applicants will be informed by 31 March 2017. Regrettably, we are unable to provide funding for travel to and attendance at the conference, but there will be a reception at the end of the conference.

Philippa Webb and Christian Henderson

Conference: Twenty-Seventh Investment Treaty Forum Public Conference

The British Institute of International and Comparative Law will host the Twenty-Seventh Investment Treaty Forum Public Conference on October 27, 2016. The theme is: "Current Developments in Valuation & Quantum in Investor-State Arbitration." The program is here. Here's the idea:

This conference addresses ongoing issues of practical importance regarding the applicable standards of compensation and methods of quantum calculation in investor-state arbitration. Leading experts from the fields of law and economics will look at some of the most important issues raised in arbitration, including the determination of the appropriate approach to quantum and key issues concerning discounted cash flow analysis. In addition, experts will address ongoing developments in investment treaty practice with respect to changing state attitudes towards compensation in investor-state arbitration and novel approaches to compensation and other remedies by investor-state arbitral tribunals.

BIICL: Obligations of States in Undelimited Maritime Areas

On Friday, July 22, 2016, the British Institute of International and Comparative Law will host an event on "Obligations of States in Undelimited Maritime Areas." Here's the idea:

Consisting of two panels featuring experts in Law of the Sea and members of the BIICL research project on the obligations of States in undelimited maritime areas, this event will analyse and discuss the obligations of States in regard to undelimited areas pending agreement on maritime boundary delimitation. In particular, the event will focus on the obligations of States under Articles 74(3) and 83(3) of UNCLOS to refrain from activities that could jeopardise or hamper the reaching of a final agreement on maritime delimitation.

The panels will present the findings of the BIICL research team and the implications of the research in practice. This will include a discussion of the impact of the decision of the ITLOS Special Chamber on provisional measures in the Dispute Concerning Delimitation of the Maritime Boundary between Ghana and Côte d'Ivoire in the Atlantic Ocean as well as relevant aspects of the Award on the Merits of the Annex VII Arbitral Tribunal in The Republic of Philippines v The People's Republic of China case (released 12 July 2016).

Conference: Dialogues between International and Public Law (Reminder)

On June 30-July 1, 2016, the British Institute of International and Comparative Law and the Melbourne Law School will hold a conference on "Dialogues between International and Public Law," in London. The program is here. Here's the idea:

This two-day conference will bring together for the first time leading academic and practising lawyers to pool knowledge and share perspectives on the changing relationship between public international law and domestic public law in different jurisdictions.

Organised by the British Institute of International and Comparative Law (BIICL) and the Melbourne Law School (MLS), this event will allow a constructive dialogue on how national public law and public international law and practice should and must co-exist, combining theory with case studies and the experience of practitioners.

An initiative of this kind is badly needed. It is trite that 21st century globalisation is characterised by an interpenetration of domestic public law and international law. It is also characterised by shifting boundaries between public and private spheres of activity at both the international and national levels. The concept of 'global constitutionalism' is used by some in an attempt to capture the implications of these developments for one or both spheres but does not do them justice. Terms of this kind draw attention to the reality of some significant change but mask disagreement over its extent, nature and consequences. Generalisation has inhibited a deeper understanding of what really is going on in this complex and diverse terrain. Focussed dialogue between public lawyers and international lawyers is needed to pool knowledge and share perspectives and to examine how, in present conditions, the two bodies of law and practice can and should co-exist. This event is designed to provide the impetus for a more informed debate which connects theory and doctrine with practice, drawing on the insights that case studies provide.

Job Opening: Senior Research Fellow and Director of the Investment Treaty Forum (BIICL)

The British Institute of International and Comparative Law invites applications for the position of Senior Research Fellow in International Investment Law and Director of the Investment Treaty Forum. The announcement is here.

Conference: Integration and International Dispute Resolution in Small States

On May 19-20, 2016, the British Institute of International and Comparative Law, the Queen Mary Centre for Small States, and the Open University Law School will hold a conference on "Integration and International Dispute Resolution in Small States." The program is here. Here's the idea:

The aim of this 1½ day conference is to bring together academics, representatives of Small States, as well as lawyers litigating in or for Small States (defined as those states with a population of 1.5m or less), to discuss the particular issues these jurisdictions face in regard to international dispute resolution and regional integration.

Small States are a micro-cosmos and allow the study of some legal phenomena more easily. On the other hand, Small States face specific issues due to their demographical, geographical size, and the size of their economies. Of particular interest are the commercial relations between large economies and Small States, the role of Small States as financial centres as well as B2B and State to State dispute resolution involving Small States.

Conference: Dialogues between International and Public Law

On June 30-July 1, 2016, the British Institute of International and Comparative Law and the Melbourne Law School will hold a conference on "Dialogues between International and Public Law," in London. The program is here. Here's the idea:

This two-day conference will bring together for the first time leading academic and practising lawyers to pool knowledge and share perspectives on the changing relationship between public international law and domestic public law in different jurisdictions.

Organised by the British Institute of International and Comparative Law (BIICL) and the Melbourne Law School (MLS), this event will allow a constructive dialogue on how national public law and public international law and practice should and must co-exist, combining theory with case studies and the experience of practitioners.

An initiative of this kind is badly needed. It is trite that 21st century globalisation is characterised by an interpenetration of domestic public law and international law. It is also characterised by shifting boundaries between public and private spheres of activity at both the international and national levels. The concept of 'global constitutionalism' is used by some in an attempt to capture the implications of these developments for one or both spheres but does not do them justice. Terms of this kind draw attention to the reality of some significant change but mask disagreement over its extent, nature and consequences. Generalisation has inhibited a deeper understanding of what really is going on in this complex and diverse terrain. Focussed dialogue between public lawyers and international lawyers is needed to pool knowledge and share perspectives and to examine how, in present conditions, the two bodies of law and practice can and should co-exist. This event is designed to provide the impetus for a more informed debate which connects theory and doctrine with practice, drawing on the insights that case studies provide.

Conference: 16th Annual WTO Conference

On June 10-11, 2016, the British Institute of International and Comparative Law, the Institute of International Economic Law at the Georgetown University Law Center, the Graduate Institute of International and Development Studies, and the Society of International Economic Law will hold the 16th Annual WTO conference, in Geneva. The program is here.

Conference: The Rule of Law, The European Court of Human Rights and the UK: A New Court for a New Era?

On April 20, 2016, the British Institute of International and Comparative Law will host a conference on "The Rule of Law, The European Court of Human Rights and the UK: A New Court for a New Era?" The program is here. Here's the idea:

It may be argued that, in the light of the Interlaken-Izmir-Brighton-Brussels reform process, the European Court of Human Rights/Convention system has reshaped itself significantly over the last 5 or so years, possibly reflecting a new distribution of powers between Strasbourg and the member states. This may or may not be a good thing. Does it reflect a natural evolution of the Convention system, or the necessary adjustments required of a Court that is under pressure and strain?

This half-day event, held on the fourth anniversary of the Brighton Declaration of April 2012, will provide opportunity to hear leading experts consider how the Strasbourg Court has evolved in recent years, and reflect upon its longer-term future. Speakers will also consider how the reform process might inform debate in the UK about the European Court/Convention system and a possible British Bill of Rights.

Part one of the event will address how the Court has evolved in recent years, in terms of the approach it adopts to resolving certain cases on their substantive merits. Part two looks more specifically at the reform process initiated at Interlaken and Brighton. A focal point will be the CDDH's report of the 'Longer-term Future of the system of the European Convention on Human Rights', and its implications.

Conference: Twenty-Sixth Investment Treaty Forum Public Conference

The British Institute of International and Comparative Law will host the Twenty-Sixth Investment Treaty Forum Public Conference on May 19, 2016. The theme is: "The Role of Proportionality in International Investment Law." The program is here. Here's the idea:

This conference addresses the continuing debate about the role of the principle of proportionality in international investment law. In particular, this conference will look at some of the key issues raised by invocations of proportionality in investment treaty arbitration, including identifying the positive basis for invoking proportionality in investment treaty arbitration (custom? general principle?); antecedents of the principle in domestic law and other areas of international law; and the practical meaning of proportionality in investor-state arbitration, whether as part of claims, elements of defence, or calculation of compensation. In addition, the conference will feature a moderated debate between the authors of two recent monographs on the role of proportionality in investment law.