Recent International Law Research and Publications
Washington and Lee faculty affiliated with the Transnational Law Institute leave important footprints in many areas of international and comparative law.
Johanna E. Bond, Associate Professor of Law, continues with her cutting-edge work in international human rights and gender. She published Constitutional Exclusion and Gender in Commonwealth Africa, 31 FORDHAM INT'L L.J. 289 (2008) and Pluralism in Ghana: The Perils and Promise of Parallel Law, in OREGON REVIEW OF INTERNATIONAL LAW (2008). She also recently traveled to Gaborone, Botswana, where she presented on "Gender Equality and Customary Law Reform: The Potential Of Regional and Sub-Regional Human Rights Frameworks" at a conference organized by Fordham Law School's Leitner Center.
Mark A. Drumbl, Class of 1975 Alumni Professor of Law and Director of the Transnational Law Institute, delivered "Justice after Atrocity: A Cosmopolitan Pluralist Approach" as a Foundation for Law, Justice, and Policy Honorary Lecture at Oxford University in January 2009. His book, Atrocity, Punishment, and International Law (Cambridge University Press) continues to be the subject of numerous book reviews in the scholarly literature. This book explores the potential and limits of criminal law as a method of accountability in the aftermath of atrocity. This past year, he published several short pieces: Transnational Terrorist Financing: Criminal and Civil Perspectives, 9:7 GERMAN L. J. 933 (2008); Introductory Note, Genocide Accountability Act of 2007, 47 INT'L LEGAL MATERIALS 125 (2008); A Hard Look at the Soft Theory of International Criminal Law, in THE THEORY AND PRACTICE OF INTERNATIONAL CRIMINAL LAW: ESSAYS IN HONOR OF M. CHERIF BASSIOUNI (Sadat and Scharf eds., 2008). Professor Drumbl presented at the Second Annual International Humanitarian Law Dialogs, an event co-sponsored by the ASIL, and in November 2008 spoke at a CIA/Department of State Colloquy. Works-in-progress, which involve (1) the crime of aggression and (2) the agency of child soldiers, were presented at workshops to many law faculties. In October 2008 he delivered a C.V. Starr Lecture at New York Law School. Recent appointments include Professeur invité, Université de Paris II (Panthéon-Assas); Faculty, African Centre for Legal Excellence, Kampala, Uganda; Advisory Board, War Crimes Committee, International Bar Association; expert in U.S. immigration court; and Visiting Professor, Faculty of Law, University of Western Ontario.
Susan D. Franck, Associate Professor of Law, has been asked by the United Nations Conference on Trade and Development (UNCTAD) to present evidence at an expert meeting on the development dimension of international investment agreements. Professor Franck also has been invited to serve as co-chair of the ASIL International Economic Law Interest Group. Her article, "Empiricism and International Law: Insights for Investment Treaty Dispute Resolution," published in the Virginia Journal of International Law, received the "OGEMID Best of 2008 Award." She also recently published Reconsidering Dispute Resolution Options in International Investment Agreements, in APPEALS MECHANISMS IN INTERNATIONAL INVESTMENT DISPUTES (Ed. Karl P. Sauvant 2008) and An Empirical Analysis of Investment Treaty Awards, 101 AM. SOC'Y INT'L L. PROC. 214 (2007); and presented her work at Queen Mary School of International Arbitration, London; the American Society of International Law; University of Cincinnati; Suffolk University; London Court of International Arbitration European User's Council Symposium; Conference on Empirical Legal Studies; Society of International Economic Law, Geneva; Institute for Transnational Arbitration Annual Workshop; and the Law and Society Annual Meeting. Recent appointments include as a Committee Member, ASIL Awards Committee; American Society of International Law Committee Steering Group Member, Committee on Commercial Dispute Resolution; American Bar Association Section of International Law Executive Committee; and the American Association of Law Schools, Section on Alternative Dispute Resolution.
Frederic L. Kirgis, Law Alumni Association Professor of Law Emeritus, published International Law in the American Courts -- The United States Supreme Court Declines to Enforce the I.C.J.'s Avena Judgment Relating to a U.S. Obligation under the Convention on Consular Rights, 9 GERMAN L.J. 619 (2008).
Russell A. Miller, Associate Professor of Law, published a number of edited books and articles this past year. Edited books include PROGRESS IN INTERNATIONAL LAW, (edited with Rebecca Bratspies) (Martinus Nijhoff Press, 2008), which formed the basis for an exciting panel at the ASIL 102nd Annual Meeting; and U.S. NATIONAL SECURITY, INTELLIGENCE AND DEMOCRACY: FROM THE CHURCH COMMITTEE TO THE WAR ON TERROR (Routledge, 2008), which joins key voices from the Church Committee with contemporary analysis of issues in national security, intelligence and constitutional governance implicated by the War on Terror. Within each of these edited collections Professor Miller authored chapters on national security, non-state actors and international law, and militant democratic theory. He also authored contributions to THE ENCYCLOPEDIA OF PUBLIC INTERNATIONAL LAW. Professor Miller presented a paper entitled "Collective Discursive Democracy and International Law Personality for Transnational Enterprises" at the European Society of International Law Biennial Meeting; and also spoke at the Southeastern Association of Law Schools Annual Meeting; U.S. Embassy, Dar es Salaam, Tanzania; RUAHA University, Iringa, Tanzania; and Duke University School of Law. He continues as the Co-Editor-in-Chief, German Law Journal and now serves as Chair-Elect, Section on Comparative Law, Association of American Law Schools.
Hari M. Osofsky, Associate Professor of Law, is an expert in the areas of climate change, international environmental law, and law and geography. She published: A Right to Frozen Water: The Institutional Spaces for Supranational Climate Change Petitions, in PROGRESS IN INTERNATIONAL LAW (Rebecca Bratspies and Russell Miller eds., 2008); The Intersection of Scale, Science, and Law in Massachusetts v. EPA, 9 OREGON R. INT'L L. (2008), reprinted in ADJUDICATING CLIMATE CHANGE: SUB-NATIONAL, NATIONAL, AND SUPRA-NATIONAL APPROACHES (William C.G. Burns & Hari M. Osofsky, eds., 2008); The Geography of Justice Wormholes: Dilemmas from Property and Criminal Law, 53 VILL . L. REV. (2008). She presented her work this past year at events held at Georgetown University School of Law; Washington University, School of Law; Southeastern Association of Law Schools Annual Meeting; University of Colorado; and University of Virginia Law School.
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