Global governance scholarship has thus far remained in the realm of idea, identifying new lawmaking authorities and networks of enforcement while analyzing the ramifications for democracy and the rule of law. This conference strives to advance that line of scholarship by identifying patterns in the ways that various actors – states, corporations, civil society, and resulting networks – are confronting complex problems resulting from globalization. The aim is to discover more effective solutions for such problems, including, for instance, poverty, environmental degradation and terrorism, and to explore common principles that may cut across substantive contexts. Panelists will consider the eventual goal of putting into operation what has been learned from global governance scholarship to this point. This conference is a first step toward the implementation of best practices in global governance, applying what is known about these new actors and relationships to local and global problems of unprecedented complexity.
Saturday, February 2, 2008
In the past few years, the U.S. Supreme Court has decided several high-profile cases in which litigants have asserted that various sources of domestic and international law constrain the range of policy options available to the government in pursuing U.S. foreign policy objectives. Invariably, the opposing parties submit legal briefs that rely heavily on historical practice and precedent to support their respective positions. This symposium will bring together a group of leading legal historians and foreign relations law scholars to examine the use and misuse of history in framing legal arguments related to the conduct of U.S. foreign policy. The symposium is organized around four main panels. For each panel, a principal author will present his or her paper, and two other scholars will provide commentaries.
Friday, February 1, 2008
This one-day conference and workshop will focus on recent developments in World Trade Organization Law, including appraisals of the Doha Round and its implications, WTO law in a world of fragmented international law, WTO law and developing countries, and the impact of WTO law in domestic legal systems. The event will feature cutting-edge scholars presenting their papers and ideas about WTO-related developments.
Burke-White: The Argentine Financial Crisis: State Liability Under BITs and the Legitimacy of the ICSID System
This essay examines the jurisprudence of the International Center for the Settlement of Investment Disputes (ICSID) arbitral tribunals in a series of cases brought against the Republic of Argentina in the wake of the 2001-2002 Argentine financial collapse. The essay considers the ICSID tribunals' treatment of non-precluded measures provisions in Argentina's bilateral investment treaties (BITs) and the customary law defense of necessity and argues that the ICSID tribunals have sought to radically narrow the opportunities available to states to craft policy responses to emergency situations while strengthening investor protections beyond the intent of the states parties to the BITs under which these cases have been brought. The essay critiques this line of jurisprudence and suggests that the September 2007 Report of the Annulment Committee in the case of CMS v. Argentina may be read as an effort from within the ICSID system itself to question the legitimacy and structure of current investor-state arbitration.
Having as its core theme Law for the Future, the Conference will seek for answers to pressing questions, such as: Does present international law meet the needs of the modern world? What can be done to overcome the differences between conflicts and legal solutions in modern society? What is the role for the Academy, for lawyers, for national and international Courts, in contributing towards the development of legal concepts for the future?
The Conference will thus address current issues, presently under consideration by the ILA Committees, such as:
- Access to Justice • Consumer Law • Criminal Law • Family Law • Human Rights• Indigenous Peoples Rights • Refugee and Minority Rights.
- E-Law • Intellectual Property Law • Bankruptcy Law • Foreign Investment • Legal Aspects of the World International Capital Markets.
- Arbitration • International Judicial Cooperation in Civil and Commercial Law • International Standards in Contract Law • International Trade Law.
- The Reform of the UN Security Council • Legal Aspects of Preemptive Intervention • Legal Aspects of Terrorism • Legal Aspects of Nuclear Technology.
- Law of the Sea • Space Law • Legal Aspects of Biotechnology • Legal Aspects of the Use of Natural Resources.
The 2008 Conference will also hold meetings of ILA Committees and Study Groups, in which their membership and other interested parties will discuss and consider the research performed over the last two years on each one's area of interest, and discuss the relevant report where the work has been completed.
The theme of this year's Conference reflects a number of debates (or struggles) occurring in public international law. The field is fragmenting, to be sure, but at every turn similar dilemmas arise. In a world marked by increasing scarcity and insecurity, does international law need to be reconfigured to accommodate or confront the threat of hegemony, or to realise the promise of justice (or kindness), or to facilitate the redistribution of resources (or the operation of the market), or to reconcile the imperatives of economic well-being (or gross over-consumption) with the salvation of planetary life? If so, what role ought we, as international lawyers, play in ordering, reordering or reimagining the global commonwealth?
Accordingly, the Conference Organising Committee now calls for proposals for papers to be presented at the 16th Annual Conference. Special consideration will be given to proposals which seek to develop the Conference theme in one or more of the following areas:(1) the meaning of security (military, human, state) in contemporary international law;
(2) the struggle over international law and human rights in national courts (Al Jedda, Al Skeini, Hicks, Hamdan, Boumediene);
(3) current issues for international law (including those arising from the war on terror, the protection of whale stocks, poverty, gender, global climate change, disarmament and nuclear proliferation);
(4) the protection of the global environment and prevention ofglobal warming in the context of inequality and the "carbon debt"?
(5) the role of international institutions, international lawyers and civil society in promoting or ameliorating injustice (e.g. Australian Government's proposal to bring Iran to the International Court of Justice).
A range of journals have expressed interest in receiving submissions of conference papers for consideration for publication including, the Australian Yearbook of International Law, the New Zealand Journal of Public and International Law, the New Zealand Yearbook of International Law and the Australian International Law Journal. Conference papers will also be published (unedited and unrefereed) in a new International Papers database to be established by Austlii at http://www.austlii.edu.au/.
The Organising Committee encourages proposals which present collaborative research amongst Society members and/or which focus on the role of international law in the Asia-Pacific region. Recently-appointed academics, in particular, are encouraged to send proposals. Post-graduate students and those wishing to present on their post-graduate thesis work are encouraged to submit their proposals for the Post-Graduate Workshop to be held immediately prior to the Conference on 25 June 2007.
A one page abstract and a one page resumé should be submitted to the Organising Committee by Friday 7th March 2008 by email to the Conference Administrator: Kavitha Robinson at email@example.com.
- Ole Spiermann, Twentieth Century Internationalism in Law
- Aloysius P. Llamzon, Jurisdiction and Compliance in Recent Decisions of the International Court of Justice
- Ulf Linderfalk, The Effect of Jus Cogens Norms: Whoever Opened Pandora's Box, Did You Ever Think About the Consequences?
- Michel Bourbonniere & Ricky J. Lee, Legality of the Deployment of Conventional Weapons in Earth Orbit: Balancing Space Law and the Law of Armed Conflict
- Symposium: State Immunity in Civil Proceedings for Serious Violations of Human Rights
- Lorna McGregor, Torture and State Immunity: Deflecting Impunity, Distorting
- Christopher Keith Hall, The Duty of States Parties to the Convention against Torture to Provide Procedures Permitting Victims to Recover Reparations for Torture Committed Abroad
- Noah Benjamin Novogrodsky, Immunity for Torture: Lessons from Bouzari v. Iran
- Alexander Orakhelashvili, State Immunity and Hierarchy of Norms: Why the House of Lords Got It Wrong
- Sébastien Jodoin, International Law and Alterity: The State and the Other
- Maksymilian Del Mar, System Values and Understanding Legal Language
- HAGUE INTERNATIONAL TRIBUNALS: International Court of Justice
- Sandesh Sivakumaran & Santiago Villalpando, Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro): An Introduction
- Vojin Dimitrijević & Marko Milanović, The Strange Story of the Bosnian Genocide Case
- Richard J. Goldstone & Rebecca J. Hamilton, Bosnia v. Serbia: Lessons from the Encounter of the International Court of Justice with the International Criminal Tribunal for the Former Yugoslavia
- HAGUE INTERNATIONAL TRIBUNALS: International Criminal Tribunals for the Former Yugoslavia and for Rwanda
- Yuval Shany & Sigall Horovitz, Judicial Independence in The Hague and Freetown: A Tale of Two Cities
- Jean Galbraith, “New Facts” in ICTY and ICTR Review Proceedings
- HAGUE INTERNATIONAL TRIBUNALS: International Criminal Court
- David Scheffer, A Review of the Experiences of the Pre-Trial and Appeals Chambers of the International Criminal Court Regarding the Disclosure of Evidence
- Thomas Wayde Pittman & Matthew Heaphy, Does the United States Really Prosecute Its Service Members for War Crimes? Implications for Complementarity before the International Criminal Court
- CURRENT LEGAL DEVELOPMENTS
- Helen Keller & Magdalena Forowicz, A Tightrope Walk between Legality and Legitimacy: An Analysis of the Israeli Supreme Court's Judgment on Targeted Killing
David Kennedy (Harvard Univ. - Law) will give a talk today at the Georgetown University Law Center International Human Rights Colloquium on "Of War and Law."
Gregory Shaffer (Loyola Univ., Chicago - Law) will give a talk today at the University of Georgia School of Law International Law Colloquium on "A Structural Theory of WTO Dispute Settlement: Why Institutional Choice Lies at the Center of the GMO Case."
Thursday, January 31, 2008
Beth Simmons (Harvard Univ. - Government) will give a talk today at the New York University School of Law Institute for International Law and Justice International Legal Theory Colloquium on "Explaining Variation in State Commitment to and Compliance with International Human Rights Treaties."
Wednesday, January 30, 2008
At the conclusion of the oral proceedings the Agents of the Parties made the following final submissions:
The Republic of Djibouti requests the Court to adjudge and declare:i) by not acting upon its undertaking of 27 January 2005 to execute the letter rogatory addressed to it by the Republic of Djibouti dated 3 November 2004;
1. that the French Republic has violated its obligations under the 1986 Convention:
(ii) in the alternative, by not performing its obligation pursuant to Article 1 of the aforementioned Convention following its wrongful refusal given in the letter of 6 June 2005;
(iii) in the further alternative, by not performing its obligation pursuant to Article 1 of the aforementioned Convention following its wrongful refusal given in the letter of 31 May 2005;
2. that the French Republic shall immediately after the delivery of the Judgment by the Court:
(i) transmit the “Borrel file” in its entirety to the Republic of Djibouti;
(ii) in the alternative, transmit the “Borrel file” to the Republic of Djibouti within the terms and conditions determined by the Court;
3. that the French Republic has violated its obligation pursuant to the principles of customary and general international law not to attack the immunity, honour and dignity of the President of the Republic of Djibouti:
(i) by issuing a witness summons to the President of the Republic of Djibouti on 17 May 2005;
(ii) by repeating such attack or by attempting to repeat such attack on 14 February 2007;
(iii) by making both summonses public by immediately circulating the information to the French media;
(iv) by not responding appropriately to the two letters of protest from the Ambassador of the Republic of Djibouti in Paris dated 18 May 2005 and 14 February 2007 respectively;
4. that the French Republic has violated its obligation pursuant to the principles of customary and general international law to prevent attacks on the immunity, honour and dignity of the President of the Republic of Djibouti;
5. that the French Republic shall immediately after the delivery of the Judgment by the Court withdraw the witness summons dated 17 May 2005 and declare it null and void;
6. that the French Republic has violated its obligation pursuant to the principles of customary and general international law not to attack the person, freedom and honour of the Public Prosecutor of the Republic of Djibouti and the Head of National Security of Djibouti;
7. that the French Republic has violated its obligation pursuant to the principles of customary and general international law to prevent attacks on the person, freedom and honour of the Public Prosecutor of the Republic of Djibouti and the Head of National Security of the Republic of Djibouti;
8. that the French Republic shall immediately after the delivery of the Judgment by the Court withdraw the summonses to attend as témoins assistés [legally represented witnesses] and the arrest warrants issued against the Public Prosecutor of the Republic of Djibouti and the Head of National Security of the Republic of Djibouti and declare them null and void;
9. that the French Republic by acting contrary to or by failing to act in accordance with Articles 1, 3, 4, 6 and 7 of the Treaty of Friendship and Co-operation of 1977 individually or collectively has violated the spirit and purpose of that Treaty, as well as the obligations deriving therefrom;
10. that the French Republic shall cease its wrongful conduct and abide strictly by the obligations incumbent on it in the future;
11. that the French Republic shall provide the Republic of Djibouti with specific assurances and guarantees of non-repetition of the wrongful acts complained of.
The French Republic requests the Court:
1. (a) to declare that it lacks jurisdiction to rule on those claims presented by the Republic of Djibouti upon completion of its oral argument which go beyond the subject of the dispute as set out in its Application, or to declare them inadmissible;
(b) in the alternative, to declare those claims to be unfounded;
2. to reject all the other claims made by the Republic of Djibouti.
The United Nations Security Council has increasingly resorted to sanctions as part of its efforts to prevent and resolve conflict. United Nations Sanctions and the Rule of Law traces the evolution of the Security Council's sanctions powers and charts the contours of the UN sanctions system. It also evaluates the extent to which the Security Council's increasing commitment to strengthening the rule of law extends to its sanctions practice. It identifies shortcomings in respect of key rule of law principles and advances pragmatic policy-reform proposals designed to ensure that UN sanctions promote, strengthen and reinforce the rule of law. In its appendices United Nations Sanctions and the Rule of Law contains summaries of all 25 UN sanctions regimes established to date by the Security Council. It forms an invaluable source of reference for diplomats, policymakers, scholars and advocates.
- Daniel Thürer, International Humanitarian Law: Essence and Perspectives
- François Bugnion, Droit international humanitaire coutumier
- Astrid Epiney & Andrea Egbuna-Joss, Zur völkerrechtlichen Verantwortlichkeit im Zusammenhang mit dem Verhalten privater Sicherheitsfirmen
- Ivo Schwander, Rechtsprechung zum internationalen Sachen-, Schuld- und Gesellschaftsrecht
Tuesday, January 29, 2008
- Peter Rosher, The Application and Scope of Attorney-Client Privilege in International Arbitration
- Dr. Mohamed Aboul-Enein, The Need for Establishing a Perfect Balance Between Confidentiality and Transparency in Commercial Arbitration
- Pierre Heitzmann & Jacob Grierson, SNF v Cytec Industrie: National Courts Within the EC Apply Different Standards to Review International Awards Allegedly Contrary to Article 81 EC
- Gordon Blanke, The "Minimalist" and "Maximist" Approach to Reviewing Competition Law Awards: A Never-Ending Saga
Sibylle Scheipers (Univ. of Oxford - Changing Character of War Programme) will give a talk today at the Oxford Leverhulme Programme on the Changing Character of War on "Detention in the 'War on Terror': Legal Norms, Strategic Cultures and the Future of the Transatlantic Security Community."
- Michael Waibel, Opening Pandora's Box: Sovereign Bonds in International Arbitration
- André Nollkaemper, Internationally Wrongful Acts in Domestic Courts
Monday, January 28, 2008
This volume seeks to provide the reader with a clear understanding to the way that protected areas are created, listed and managed in international law. In doing so, it provides a complete overview of the primary international and regional conventions in this area, and the decisions and resolutions that have come from them. In doing so, it provides a comprehensive examination of, inter alia, the World Heritage Convention, the Man and the Biosphere regime, the Ramsar (Wetlands) Treaty, and the Convention on Migratory Species. It also deals extensively with the important regional conventions in this area, covering Europe, Africa and the Americas. The regimes governing international maritime protected areas, and Antarctica, are also dealt with. In each area, the values, selection considerations, management, and compliance considerations are examined in detail and linked into recognizable examples from well known protected sites of international significance.
Letters of credit and bank guarantees are the most important financial instruments in international exchange. Matti S. Kurkela, a leading expert in the field, presents an advanced, extensive study and guide to letters of credit. The author analyzes the material rules and principles applicable to them; conflict of laws as well as law merchant applied regardless of place of operation or nationality of the parties involved. Letters of Credit and Bank Guarantees under International Trade Law is the only true guide whose focus is on international law and choice of applicable law, with comparisons of the UCP, the UCC and selected national laws.
Douma, Massai, & Montini: The Kyoto Protocol and Beyond: Legal and Policy Challenges of Climate Change
- Wybe Th. Douma & Leonardo Massai, Introduction
- Feng Gao, The International Climate Regime: where do we stand?
- Leonardo Massai, Legal challenges in European climate policy
- Nick Farnsworth, The EU Emissions Trading Directive: time for revision?
- Wytze Van Der Gaast, The role of joint implementation within the context of EU policies
- Axel Michaelowa, Jorund Buen, Arne Eik, & Elisabeth Lokshall, The market potential of large-scale non-CO2 CDM projects
- Matthieu Wemaere, Legal nature of Kyoto units
- Charlotte Streck, Marketing CERs: legal and contractual issues for sellers
- Massimiliano Montini, The compliance regime of the Kyoto Protocol
- Michael Mehling, Implementation of the Kyoto Protocol in Germany: designing an integrated management scheme for greenhouse gases
- Wybe Douma & Daria Ratsiborinskaya, The Russian Federation and the Kyoto Protocol
- Marina Olshanskaya, Legal and institutional barriers to Kyoto Protocol implementation in non-Annex I countries in South-Eastern Europe and CIS
- Joyeeta Gupta, Developing countries and the post-Kyoto regime: breaking the tragic lock-in of waiting for each other’s strategy
- Wouter Veening, Climate change, security and forests
- Chris Dekkers & Machtelt Oudenes, EU ETS in the post-2012 regime: lessons learned
- Erik Haites, The São Paulo proposal for an agreement on future international climate policy
- Robert Tippmann, Stakeholder views on approaches and instruments for continued and future climate change mitigation efforts post-2012
Vaughan Lowe (Univ. of Oxford - Law) will give a talk today at the University of Oxford Department of Politics and International Relations Lecture Series on Foundations of Governance in a Globalized World on "Private Disputes and the Public Interest in International Law."
Eric Posner (Univ. of Chicago - Law) will give a talk today at the Columbia Law School Legal Theory Workshop on "The Recurrent Illusion: International Relations and Global Legalism."
Cesare Romano (Loyola Law School Los Angeles) will give a talk today at University of California Hastings College of Law on "The International Judge: An Introduction to the Men and Women Who Decide the World’s Cases."
Sunday, January 27, 2008
- Avinash Sharma, Improving Dispute Settlement in WTO: Flattering or Faltering?
- An Chen, Distinguishing Two Types of Countries and Properly Granting Differential Reciprocity Treatment - Re-comments on the Four Safeguards in Sino-Foreign BITS Not to be Hastily and Completely Dismantled
- Mehdi Salehizadeh & Feraidoon (Fred) Raafat, Global Implications of the Failed Doha Trade Talks
- Hakim Ben Hammouda, Stephen N. Karingi, & Mustapha Sadni Jallab, Did Africa Benefit in Hong Kong?
- Cai Congyan, Change of the Structure of International Investment and the Development of Developing Countries' BIT Practice - Towards A Third Way of BIT Practice
- Badar Alam Iqbal, WTO: A Deeply Divided Membership