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Wednesday, March 23, 2011
ASIL Executive Council Orientation
9:00 a.m. - 11:30 a.m.
Jefferson
9:00 a.m. - 11:30 a.m.
Jefferson
ASIL Executive Council Meeting
12:00 p.m. - 3:30 p.m.
Salon III
12:00 p.m. - 3:30 p.m.
Salon III
International Legal Research Interest Group Kiosk Volunteers' Meeting
2:00 p.m. - 3:30 p.m.
Jefferson
2:00 p.m. - 3:30 p.m.
Jefferson
Grotius Lecture: "The Global Status of Rights"
4:30 p.m. - 6:00 p.m.
Salon I & II
Co-sponsored by American University Washington College of Law
Speaker: Amartya Sen, Harvard University, Department of Economics
Discussant: Kim Lane Scheppele, Princeton University, Woodrow Wilson School of Public and International Affairs
Co-sponsored by American University Washington College of Law
Salon I & II
Co-sponsored by American University Washington College of Law
Speaker: Amartya Sen, Harvard University, Department of Economics
Discussant: Kim Lane Scheppele, Princeton University, Woodrow Wilson School of Public and International Affairs
Co-sponsored by American University Washington College of Law
Grotius Reception
6:00 p.m. - 8:00 p.m.
Salon III and Prefunction
Co-sponsored by American University Washington College of Law
6:00 p.m. - 8:00 p.m.
Salon III and Prefunction
Co-sponsored by American University Washington College of Law
Arbitral Women Reception
7:00 p.m. - 8:30 p.m.
Plaza II
7:00 p.m. - 8:30 p.m.
Plaza II
AJIL Board of Editors' Reception, Dinner and Meeting
7:00 p.m. - 10:00 p.m.
Lincoln and Roosevelt
7:00 p.m. - 10:00 p.m.
Lincoln and Roosevelt
Transitional Justice and Rule of Law Interest Group Meeting
7:00 p.m. - 8:30 p.m.
Plaza I
7:00 p.m. - 8:30 p.m.
Plaza I
Thursday, March 24, 2011
Breakfast Reunion of Annual Meeting Co-chairs
7:00 a.m. - 9:00 a.m.
Lincoln
7:00 a.m. - 9:00 a.m.
Lincoln
New Member Breakfast
7:00 a.m. - 9:00 a.m.
Plaza I
7:00 a.m. - 9:00 a.m.
Plaza I
Opening Welcome and Remarks by ASIL President David D. Caron
9:00 a.m. - 9:30 a.m.
Salon I & II
Salon I & II
Opening Plenary: "The Four Freedoms turn 70"
9:30 a.m. - 11:00 a.m.
Salon I & II
Speaker: Michael H. Posner, U.S. Assistant Secretary of State for the Bureau of Democracy, Human Rights, and Labor
Salon I & II
Speaker: Michael H. Posner, U.S. Assistant Secretary of State for the Bureau of Democracy, Human Rights, and Labor
The Supreme Court & Arbitration Law
11:15 a.m. - 12:45 p.m.
Roosevelt
Co-sponsored by the International Economic Law Interest Group
1.5 CLE credits offered for the States of CA, VA, PA, and NY (Accredited by NY Approved Jurisdiction of PA )
In the last ten years, the U.S. Supreme Court has issued a disproportionate number of decisions in the field of arbitration relative to the number of decisions in other fields of international law. This roundtable addresses how these decisions have shaped the arbitration landscape, including on issues of jurisdiction, class actions, non-signatories to arbitration agreements, federal subject matter jurisdiction, scope of review under the Federal Arbitration Act, and venue, and what these decisions reveal about the Supreme Court's thinking in this field.
Moderator: John Fellas, Hughes, Hubbard & Reed LLP
Speakers:
11:15 a.m. - 12:45 p.m.
Roosevelt
Co-sponsored by the International Economic Law Interest Group
1.5 CLE credits offered for the States of CA, VA, PA, and NY (Accredited by NY Approved Jurisdiction of PA )
In the last ten years, the U.S. Supreme Court has issued a disproportionate number of decisions in the field of arbitration relative to the number of decisions in other fields of international law. This roundtable addresses how these decisions have shaped the arbitration landscape, including on issues of jurisdiction, class actions, non-signatories to arbitration agreements, federal subject matter jurisdiction, scope of review under the Federal Arbitration Act, and venue, and what these decisions reveal about the Supreme Court's thinking in this field.
Moderator: John Fellas, Hughes, Hubbard & Reed LLP
Speakers:
- Lorraine M. Brennan, JAMS International
- Jack Coe, Pepperdine University
- William Park, Boston University
- Alex Yanos, Freshfields Bruckhaus Derringer LLP
Legal Origins, Doing Business and Rule of Law Indicators: The Economic Evaluation of Legal Systems
11:15 a.m. - 12:45 p.m.
Jefferson
Co-sponsored by the International Economic Law Interest Group
1.5 CLE credits offered for the States of CA, VA, PA and NY (Accredited by NY Approved Jurisdiction of PA )
Do the common law or civil law origins of a country's legal system affect its economic growth? This panel will evaluate the legal origins thesis: the influential and controversial view that countries with common law systems perform better economically than their civil law counterparts. Focusing on the use of indicators such as the World Bank's "Doing Business" reports, the panel will assess the merits and liabilities of advocating uniform approaches to promoting economic growth.
Moderator: Renaud Beauchard, Law Offices of Peter C. Hansen
Speakers:
11:15 a.m. - 12:45 p.m.
Jefferson
Co-sponsored by the International Economic Law Interest Group
1.5 CLE credits offered for the States of CA, VA, PA and NY (Accredited by NY Approved Jurisdiction of PA )
Do the common law or civil law origins of a country's legal system affect its economic growth? This panel will evaluate the legal origins thesis: the influential and controversial view that countries with common law systems perform better economically than their civil law counterparts. Focusing on the use of indicators such as the World Bank's "Doing Business" reports, the panel will assess the merits and liabilities of advocating uniform approaches to promoting economic growth.
Moderator: Renaud Beauchard, Law Offices of Peter C. Hansen
Speakers:
- Corinne Boisman, University of Metz
- Kevin Davis, New York University School of Law
- Jean Michel Lobet, International Finance Corporation
International Environmental Law Making and the International Court of Justice
11:15 a.m. - 12:45 p.m.
Salon IIIA
Co-sponsored by the International Environmental Law Interest Group
1.5 CLE credits offered for the States of CA,VA, PA, and NY (Accredited by NY Approved Jurisdiction of PA )
The International Court of Justice remains the forum of choice for disputes involving environmental issues. Yet a dissenting opinion in the Pulp Mills case has criticized the Court's failure to adequately scrutinize complex technical evidence, and some believe environmental disputes should be handled by specialized courts. This session will examine the International Court of Justice's role in environmental disputes, its impact on the development of international environmental law, and whether the International Court of Justice is capable of meeting the growing demand for global environmental governance.
Moderator: Caroline Foster, University of Auckland
Speakers:
11:15 a.m. - 12:45 p.m.
Salon IIIA
Co-sponsored by the International Environmental Law Interest Group
1.5 CLE credits offered for the States of CA,VA, PA, and NY (Accredited by NY Approved Jurisdiction of PA )
The International Court of Justice remains the forum of choice for disputes involving environmental issues. Yet a dissenting opinion in the Pulp Mills case has criticized the Court's failure to adequately scrutinize complex technical evidence, and some believe environmental disputes should be handled by specialized courts. This session will examine the International Court of Justice's role in environmental disputes, its impact on the development of international environmental law, and whether the International Court of Justice is capable of meeting the growing demand for global environmental governance.
Moderator: Caroline Foster, University of Auckland
Speakers:
- Ronald J. Bettauer, Former Deputy Legal Adviser, U.S. Department of State
- Malgosia Fitzmaurice, University of London
- Natalie Klein, Macquarie Law School
- Cymie R. Payne, Lewis and Clark College of Law and ASIL International Environmental Law Interest Group
International Courts and Tribunals Interest Group: Judicial Selection
11:15 a.m. - 12:45 p.m.
Salon IIIB
Co-sponsored by the Government Attorney's Interest Group
1.5 CLE credits offered for the States of CA,VA, PA, and NY (Accredited by NY Approved Jurisdiction of PA )
This panel examines the different regimes governing the appointment of judges to international courts and tribunals. Often involving complex proceedings not readily understood by the public, the selection of international judges has a profound impact on the application of international law. This panel will discuss nomination and election procedures; the composition of courts; the qualifications and independence of judges; and the ability of the international judicial system to meet the needs of the international community.
Moderator: Brooks W. Daly, Permanent Court of Arbitration
Speakers:
11:15 a.m. - 12:45 p.m.
Salon IIIB
Co-sponsored by the Government Attorney's Interest Group
1.5 CLE credits offered for the States of CA,VA, PA, and NY (Accredited by NY Approved Jurisdiction of PA )
This panel examines the different regimes governing the appointment of judges to international courts and tribunals. Often involving complex proceedings not readily understood by the public, the selection of international judges has a profound impact on the application of international law. This panel will discuss nomination and election procedures; the composition of courts; the qualifications and independence of judges; and the ability of the international judicial system to meet the needs of the international community.
Moderator: Brooks W. Daly, Permanent Court of Arbitration
Speakers:
- Eloïse Obadia, International Centre for Settlement of Investment Disputes
- Patrick Robinson, International Criminal Tribunal for the former Yugoslavia
- John B. Bellinger III, Arnold & Porter LLP
International Organizations Interest Group Meeting
11:15 a.m. - 12:45 p.m.
Boardroom
11:15 a.m. - 12:45 p.m.
Boardroom
Commissions of Inquiry into Armed Conflict, Breaches of the Laws of War and Human Rights Abuses: Process, Standards, and Lessons Learned
11:15 a.m. - 12:45 p.m.
Salon I & II
Co-sponsored by the Cultural Heritage and the Arts Interest Group, the International Criminal Law Interest Group, the International Refugee Law Interest Group and the Lieber Society on the Law of Armed Conflict
Over the last decade, international commissions of inquiry have increasingly been used to conduct fact-finding investigations and report on alleged international law violations by states or other parties to conflicts. Recent examples include the UN expert panel to investigate alleged human rights abuses in the Sri Lankan civil war, and the Independent International Fact-Finding Mission on the Conflict in Georgia. There have also been domestic commissions of inquiry into the Iraq war. Speakers will consider: When should such commissions be established? What should their guiding purpose be? What should be the structures of accountability and independence? What lessons have been learned about process? How does politicization occur and why? And, are these commissions effective?
Moderator: Philip G. Alston, New York University School of Law
Speakers:
Salon I & II
Co-sponsored by the Cultural Heritage and the Arts Interest Group, the International Criminal Law Interest Group, the International Refugee Law Interest Group and the Lieber Society on the Law of Armed Conflict
Over the last decade, international commissions of inquiry have increasingly been used to conduct fact-finding investigations and report on alleged international law violations by states or other parties to conflicts. Recent examples include the UN expert panel to investigate alleged human rights abuses in the Sri Lankan civil war, and the Independent International Fact-Finding Mission on the Conflict in Georgia. There have also been domestic commissions of inquiry into the Iraq war. Speakers will consider: When should such commissions be established? What should their guiding purpose be? What should be the structures of accountability and independence? What lessons have been learned about process? How does politicization occur and why? And, are these commissions effective?
Moderator: Philip G. Alston, New York University School of Law
Speakers:
- Luc Cote, Leuven Centre for Global Governance Studies
- Agnieszka Jachec Neale, University of Essex
- Heidi Tagliavini, Ministry of Foreign Affairs, Government of Switzerland
New Voices I: Global Health, Trade & Common Resource Regimes
11:15 am - 12:45 pm
Lincoln
Co-sponsored by the International Economic Law Interest Group, the International Environmental Law Interest Group and the Women in International Law Interest Group
1.5 CLE credits offered for the States of CA,VA, PA, and NY (Accredited by NY Approved Jurisdiction of PA )
Moderator: Jeff Dunoff, Temple University
Speakers:
11:15 am - 12:45 pm
Lincoln
Co-sponsored by the International Economic Law Interest Group, the International Environmental Law Interest Group and the Women in International Law Interest Group
1.5 CLE credits offered for the States of CA,VA, PA, and NY (Accredited by NY Approved Jurisdiction of PA )
Moderator: Jeff Dunoff, Temple University
Speakers:
- Lisa Clarke, Amsterdam Center for International Law, University of Amsterdam, The Exercise of Public Power over Global Health through Public-Private Partnerships and the Question of the Responsibility under International Law
- David Gartner, Arizona State University, Sandra Day O'Connor College of Law, Innovative Governance and Global Health
- Erika Techera, Macquarie Law School, Macquarie University, Good Environmental Governance: Overcoming fragmentation in international law for shark conservation and management
Women in International Law Interest Group Luncheon: "Political Dissonance, Personal Harmony: Negotiating with North Korea and Iran"
1:00 pm - 2:30 pm
Plaza Ballroom
Honoree/Speaker: Lucy F. Reed, Freshfields, Bruckhaus, Deringer LLP
Plaza Ballroom
Honoree/Speaker: Lucy F. Reed, Freshfields, Bruckhaus, Deringer LLP
International Law in Domestic Courts Interest Group Meeting
1:00 pm - 2:30 pm
Boardroom
1:00 pm - 2:30 pm
Boardroom
International Legal Research Interest Group Meeting
1:00 pm - 2:30 pm
Jefferson
1:00 pm - 2:30 pm
Jefferson
Law of the Sea Interest Group Meeting and Discussion of the ASIL International Maritime Boundaries series
1:00 pm - 2:30 pm
Jefferson
1:00 pm - 2:30 pm
Jefferson
Fragmentation of International Legal Orders and International Law: Ways Forward?
1:00 pm - 2:30 pm
Roosevelt
Co-sponsored by the International Economic Law Interest Group and the International Legal Theory Interest Group
The growing number of international and regional institutions and tribunals continues to raise concerns that international legal doctrine, international legal authority, and even conceptions of international law are fragmenting. This panel will assess these concerns and wrestle with ways to move forward by examining differences in attitudes towards legal rules, norms and policies, canons and principles of interpretation, and international law itself that are emerging from international courts, tribunals, political institutions, and domestic actors.
Moderator: Ruti Teitel, New York Law School
Speakers:
1:00 pm - 2:30 pm
Roosevelt
Co-sponsored by the International Economic Law Interest Group and the International Legal Theory Interest Group
The growing number of international and regional institutions and tribunals continues to raise concerns that international legal doctrine, international legal authority, and even conceptions of international law are fragmenting. This panel will assess these concerns and wrestle with ways to move forward by examining differences in attitudes towards legal rules, norms and policies, canons and principles of interpretation, and international law itself that are emerging from international courts, tribunals, political institutions, and domestic actors.
Moderator: Ruti Teitel, New York Law School
Speakers:
- George A. Bermann, Columbia Law School
- Jacob Katz Cogan, University of Cincinnati, College of Law
- Nele Matz-Lück, Max Planck Institute for Comparative Public Law and International Law
- Mario Prost, Keele University, School of Law
- Sahib Singh, Skadden Arps and the University of Vienna
Responding to Nuclear Security Challenges in a Fragmented World
1:00 pm - 2:30 pm
Salon IIIA
Co-sponsored by the Nonproliferation , Arms Control, and Disarmament Interest Group
Two decades after the end of the Cold War, controlling the threat from nuclear weapons and nuclear materials remains one of the most pressing issues for national and international security. This panel will examine progress achieved, and challenges faced, in international nuclear security efforts, including: (1) President Obama's initiative to "lock down" all weapons-grade nuclear material, which was the focus of his 2010 nuclear security summit; (2) bilateral efforts to secure nuclear weapons material and technology under the Cooperative Threat Reduction Program; and (3) multilateral efforts to prevent the proliferation of nuclear-weapon-grade material, particularly those under the IAEA.
Moderator: Orde Kittrie, Arizona State University, Sandra Day O'Connor College of Law
Speakers:
1:00 pm - 2:30 pm
Salon IIIA
Co-sponsored by the Nonproliferation , Arms Control, and Disarmament Interest Group
Two decades after the end of the Cold War, controlling the threat from nuclear weapons and nuclear materials remains one of the most pressing issues for national and international security. This panel will examine progress achieved, and challenges faced, in international nuclear security efforts, including: (1) President Obama's initiative to "lock down" all weapons-grade nuclear material, which was the focus of his 2010 nuclear security summit; (2) bilateral efforts to secure nuclear weapons material and technology under the Cooperative Threat Reduction Program; and (3) multilateral efforts to prevent the proliferation of nuclear-weapon-grade material, particularly those under the IAEA.
Moderator: Orde Kittrie, Arizona State University, Sandra Day O'Connor College of Law
Speakers:
- Asli Ü. Bâli, UCLA School of Law
- Rose Gottemoeller, Assistant Secretary of State for Arms Control, Verification and Compliance
- Ken Handelman, Acting Assistant Secretary of Defense for Global Strategic Affairs (GSA)
- David G. Huizenga, Principal Assistant Deputy Administrator, National Nuclear Security Administration (NNSA) Office of Defense Nuclear Nonproliferation (DNN)
- Leonard S. Spector, James Martin Center for Nonproliferation Studies, Monterey Institute of International Studies
Seamlessness or Segmentation? International Economic Governance and European Sovereign Debt
1:00 pm - 2:30 pm
Salon IIIB
Co-sponsored by the International Economic Law Interest Group
1.5 CLE credits offered for the States of CA,VA, PA, and NY (Accredited by NY Approved Jurisdiction of PA )
European sovereign debt poses significant legal challenges that differ from the market crises of the recent past. The panel will examine the respective roles of the G-20, G-7, components of the European Union, European Central Bank, IMF, and private investors of all types in the management of the European sovereign debt situation. It will also examine the gaps in the international legal structures surrounding sovereign debt, and what sovereignty -- a cornerstone principle of international law -- means in the context of sovereign debt crisis management.
Moderator: Thomas Laryea, Office of the General Counsel at the International Monetary Fund
Speakers:
1:00 pm - 2:30 pm
Salon IIIB
Co-sponsored by the International Economic Law Interest Group
1.5 CLE credits offered for the States of CA,VA, PA, and NY (Accredited by NY Approved Jurisdiction of PA )
European sovereign debt poses significant legal challenges that differ from the market crises of the recent past. The panel will examine the respective roles of the G-20, G-7, components of the European Union, European Central Bank, IMF, and private investors of all types in the management of the European sovereign debt situation. It will also examine the gaps in the international legal structures surrounding sovereign debt, and what sovereignty -- a cornerstone principle of international law -- means in the context of sovereign debt crisis management.
Moderator: Thomas Laryea, Office of the General Counsel at the International Monetary Fund
Speakers:
- Jay Collins, Citibank-London
- Eli Whitney Debevoise, Arnold & Porter LLP
- Odette Lienau, Cornell University
- Ann Misback, Federal Reserve Board
Espionage and the First Amendment After Wikileaks
3:00 pm - 4:30 pm
Salon IIIA
Co-sponsored by The Federalist Society and The American Constitution Society
This "late-breaking" panel will discuss and debate the legal fallout from the publication of classified documents by the WikiLeaks website, including the December 2010 publication of part of a collection of 250,000 diplomatic cables. Panelists will consider whether WikiLeaks founder Julian Assange can or should be prosecuted under U.S. espionage laws; whether or not those responsible for WikiLeaks benefit from First Amendment protections; and how to address challenges posed by the internet to the balance between individual freedom and national security, both within the United States and across international borders.
Moderator: Edward T. Swaine, George Washington University School of Law
Speakers:
Salon IIIA
Co-sponsored by The Federalist Society and The American Constitution Society
This "late-breaking" panel will discuss and debate the legal fallout from the publication of classified documents by the WikiLeaks website, including the December 2010 publication of part of a collection of 250,000 diplomatic cables. Panelists will consider whether WikiLeaks founder Julian Assange can or should be prosecuted under U.S. espionage laws; whether or not those responsible for WikiLeaks benefit from First Amendment protections; and how to address challenges posed by the internet to the balance between individual freedom and national security, both within the United States and across international borders.
Moderator: Edward T. Swaine, George Washington University School of Law
Speakers:
- Roger P. Alford, Pepperdine University School of Law
- David Rivkin, Baker & Hostetler LLP
- Mary-Rose Papandrea, Boston College of Law School
- Simon Chesterman, National University of Singapore and New York University School of Law
Annual Benjamin Ferencz Session: Integrating the Crime of Aggression into International Criminal Law and Public International Law
3:00 pm - 4:30 pm
Salon I & II
Co-sponsored by the International Criminal Law Interest Group, the International Refugee Law Interest Group, the Women in International Law Interest Group and the Lieber Society on the Law of Armed Conflict
Developments in international criminal law, including the recent adoption of amendments to the Rome Statute of the International Criminal Court in Kampala, have brought to light new tensions between traditional principles of public international law and processes of criminal adjudication, especially where concurrent jurisdiction exists between domestic and international courts. This panel will discuss this interface from a number of perspectives, including the new substantive and jurisdictional provisions on aggression, the principle of complementarity and how it will apply to the crime of aggression, immunity doctrines, and the Court's current caseload in Africa.
Moderator: Michael A. Newton, Vanderbilt University School of Law
Speakers:
3:00 pm - 4:30 pm
Salon I & II
Co-sponsored by the International Criminal Law Interest Group, the International Refugee Law Interest Group, the Women in International Law Interest Group and the Lieber Society on the Law of Armed Conflict
Developments in international criminal law, including the recent adoption of amendments to the Rome Statute of the International Criminal Court in Kampala, have brought to light new tensions between traditional principles of public international law and processes of criminal adjudication, especially where concurrent jurisdiction exists between domestic and international courts. This panel will discuss this interface from a number of perspectives, including the new substantive and jurisdictional provisions on aggression, the principle of complementarity and how it will apply to the crime of aggression, immunity doctrines, and the Court's current caseload in Africa.
Moderator: Michael A. Newton, Vanderbilt University School of Law
Speakers:
- Dapo Akande, Oxford University
- Clauss Kress, University of Cologne
- Teresa McHenry, U.S. Department of Justice
- Michael P. Scharf, Case Western Reserve School of Law
- Beth Van Schaack, Santa Clara University and U.S. Delegation to the ICC Review Conference
The Role of International Tribunals in Managing Coherence and Diversity in International Law
3:00 pm - 4:30 pm
Roosevelt
Co-sponsored by the Canadian Council on International Law, the International Courts and Tribunals Interest Group, the International Economic Law Interest Group and the International Legal Theory Interest Group
Disputes in the twenty-first century now touch upon multiple interconnected areas of international law and require tribunals to look at treaties and other sources of international law outside of their traditional purviews. This is often the case in WTO and investor-state dispute settlement, as well as more "generalist" international law tribunals such as the International Court of Justice. This roundtable brings together judges and practitioners to discuss the implications of judicial decision-making across different areas of law on coherence and diversity in international law more broadly.
Moderator: Kevin Gray, Canadian Department of Foreign Affairs and International Trade
Speakers:
3:00 pm - 4:30 pm
Roosevelt
Co-sponsored by the Canadian Council on International Law, the International Courts and Tribunals Interest Group, the International Economic Law Interest Group and the International Legal Theory Interest Group
Disputes in the twenty-first century now touch upon multiple interconnected areas of international law and require tribunals to look at treaties and other sources of international law outside of their traditional purviews. This is often the case in WTO and investor-state dispute settlement, as well as more "generalist" international law tribunals such as the International Court of Justice. This roundtable brings together judges and practitioners to discuss the implications of judicial decision-making across different areas of law on coherence and diversity in international law more broadly.
Moderator: Kevin Gray, Canadian Department of Foreign Affairs and International Trade
Speakers:
- Andrea Bjorklund, University of California, Davis, School of Law
- Valerie Hughes, Legal Affairs Director, World Trade Organization
- Stephen McCaffrey, University of the Pacific, McGeorge School of Law
- Giorgio Sacerdoti, World Trade Organization Appellate Body
Dispute Resolution Interest Group: Is ICSID Losing Its Appeal . . . Again?
3:00 pm - 4:30 pm
1.5 CLE credits offered for the States of CA,VA, PA, and NY (Accredited by NY Approved Jurisdiction of PA )
In the late 1980s, some questioned whether the early ICSID annulments jeopardized the future of ICSID. History, however, seemed to assuage those fears. After a few awards were annulled, annulment petitions became less frequent. Some of the occasional annulments in the ensuing two decades -- such as Vivendi -- were even well received. Over the past year, however, several awards have been annulled. Does this signal a new trend? Does this recent experience threaten the viability or desirability of ICSID arbitration? Can or should the ICSID Secretariat take any steps in this regard?
Moderator: Andrea Menaker, White & Case LLP
Speakers:
3:00 pm - 4:30 pm
1.5 CLE credits offered for the States of CA,VA, PA, and NY (Accredited by NY Approved Jurisdiction of PA )
In the late 1980s, some questioned whether the early ICSID annulments jeopardized the future of ICSID. History, however, seemed to assuage those fears. After a few awards were annulled, annulment petitions became less frequent. Some of the occasional annulments in the ensuing two decades -- such as Vivendi -- were even well received. Over the past year, however, several awards have been annulled. Does this signal a new trend? Does this recent experience threaten the viability or desirability of ICSID arbitration? Can or should the ICSID Secretariat take any steps in this regard?
Moderator: Andrea Menaker, White & Case LLP
Speakers:
- Christoph Schreuer, University of Vienna
Teaching International Law Interest Group Meeting
3:00 pm - 4:30 pm
Lincoln
3:00 pm - 4:30 pm
Lincoln
Plenary Keynote: Decision Making in International Courts and Tribunals: A Conversation with Leading Judges and Arbitrators
5:00 pm - 6:15 pm
Salon I & II
Co-sponsored by Georgetown University Law Center, the International Economic Law Interest Group, the International Courts and Tribunals Interest Group and the Government Attorney's Interest Group
Leading international judges and arbitrators from different fields in international law will engage in a conversation about the process of "judging," with the aim of illuminating a critical act in the development of international law, but one which takes place out of the spotlight. The participants will reflect upon deliberations within their different institutions, how judgments are made, and how each of them personally approaches the task of reaching a judgment.
Moderator: Edith Brown Weiss, Georgetown University Law Center
Speakers:
Salon I & II
Co-sponsored by Georgetown University Law Center, the International Economic Law Interest Group, the International Courts and Tribunals Interest Group and the Government Attorney's Interest Group
Leading international judges and arbitrators from different fields in international law will engage in a conversation about the process of "judging," with the aim of illuminating a critical act in the development of international law, but one which takes place out of the spotlight. The participants will reflect upon deliberations within their different institutions, how judgments are made, and how each of them personally approaches the task of reaching a judgment.
Moderator: Edith Brown Weiss, Georgetown University Law Center
Speakers:
- Charles N. Brower, Iran-United States Claims Tribunal and 20 Essex Street Chambers
- Dame Rosalyn Higgins, former President of the International Court of Justice
- Judge Theodor Meron, International Criminal Tribunal for the Former Yugoslavia and the Appeals Chambers of the International Criminal Tribunal for Rwanda
- Brigitte Stern, University of Paris, Panthéon-Sorbonne
International Refugee Law Interest Group Meeting
6:30 pm - 8:00 pm
Roosevelt
6:30 pm - 8:00 pm
Roosevelt
Cultural Heritage and the Arts Interest Group Meeting
6:30 pm – 8:00 pm
Boardroom
6:30 pm – 8:00 pm
Boardroom
ASIL-Midwest Interest Group Meeting
6:30 pm - 8:00 pm
Salon II
6:30 pm - 8:00 pm
Salon II
Law in the Pacific Rim Region Interest Group Meeting
6:30 pm - 8:00 pm
Lincoln
6:30 pm - 8:00 pm
Lincoln
Members' Reception
6:30 pm - 8:00 pm
Salon III & Prefunction
Co-sponsored by Georgetown University Law Center
6:30 pm - 8:00 pm
Salon III & Prefunction
Co-sponsored by Georgetown University Law Center
"L" Alumni Reception
6:30 p.m. - 8:00 p.m.
Plaza I & II
Co-sponsored by the Public International Law and Policy Group
6:30 p.m. - 8:00 p.m.
Plaza I & II
Co-sponsored by the Public International Law and Policy Group
ILM Reception
6:30 p.m. - 8:00 p.m.
Jefferson
6:30 p.m. - 8:00 p.m.
Jefferson
LGBT Reception
7:00 p.m. - 8:00 p.m.
The Bar
7:00 p.m. - 8:00 p.m.
The Bar
New Professionals Interest Group Happy Hour
8:00 p.m. - 10:00 p.m.
Ritz Bar
8:00 p.m. - 10:00 p.m.
Ritz Bar
Friday, March 25, 2011
International Economic Law Interest Group Meeting
7:00 a.m. - 8:15 p.m.
Plaza II
7:00 a.m. - 8:15 p.m.
Plaza II
Targeting with Drone Technology: Humanitarian Law Implications
7:00 am - 8:30 am
Roosevelt
Co-sponsored by the Columbia Law School Human Rights Clinic Lieber Society on the Law of Armed Conflict and the Human Rights Interest Group
This panel explores the standards governing the rapidly expanding use of drone technology in targeting operations. Presenters will query US policy, focusing on perceived gaps that affect the legal analysis and the factors that counsel for or against greater clarity. Discussion will include (i) the geographic scope of conflict, (ii) targeting conducted by non-military personnel, and (iii) reciprocal application of policy by other countries and armed groups.
[Click here for Background Paper]
Moderator: Naz Modirzadeh, Harvard Program on Humanitarian Policy and Conflict Research
Speakers:
Roosevelt
Co-sponsored by the Columbia Law School Human Rights Clinic Lieber Society on the Law of Armed Conflict and the Human Rights Interest Group
This panel explores the standards governing the rapidly expanding use of drone technology in targeting operations. Presenters will query US policy, focusing on perceived gaps that affect the legal analysis and the factors that counsel for or against greater clarity. Discussion will include (i) the geographic scope of conflict, (ii) targeting conducted by non-military personnel, and (iii) reciprocal application of policy by other countries and armed groups.
[Click here for Background Paper]
Moderator: Naz Modirzadeh, Harvard Program on Humanitarian Policy and Conflict Research
Speakers:
- LTC Chris Jenks, U.S. Army
- Nils Melzer, International Committe of the Red Cross
Private International Law Interest Group Meeting
7:00 a.m. - 8:30 a.m.
Jefferson
7:00 a.m. - 8:30 a.m.
Jefferson
Human Rights Interest Group Meeting
8:30 a.m. - 9:00 a.m.
Plaza II
8:30 a.m. - 9:00 a.m.
Plaza II
International Disability Rights Interest Group Meeting
9:00 a.m. - 10:30 a.m.
Roosevelt
9:00 a.m. - 10:30 a.m.
Roosevelt
International Environmental Law Interest Group: Roundtable on Research Methodologies
9:00 am - 10:30 am
Lincoln
Co-sponsored by the International Legal Research Interest Group and the Women in International Law Interest Group
This roundtable discussion will focus on the rich and varied approaches for researching and understanding international environmental law. The participants will discuss their use of creative research methodologies appropriate to their substantive research, interdisciplinary work, and using qualitative and quantitative empirical research methods.
Moderator: Sara Seck, University of Western Ontario
Speakers:
9:00 am - 10:30 am
Lincoln
Co-sponsored by the International Legal Research Interest Group and the Women in International Law Interest Group
This roundtable discussion will focus on the rich and varied approaches for researching and understanding international environmental law. The participants will discuss their use of creative research methodologies appropriate to their substantive research, interdisciplinary work, and using qualitative and quantitative empirical research methods.
Moderator: Sara Seck, University of Western Ontario
Speakers:
- Edith Brown Weiss, Georgetown University Law Center
- Jutta Brunnée, University of Toronto, Faculty of Law
- Cinnamon Carlarne, University of South Carolina School of Law
- Benedict Kingsbury, New York University School of Law
Lieber Society Interest Group Meeting
9:00 am – 10:00 am
Jefferson
9:00 am – 10:00 am
Jefferson
International Trade Law and International Investment Law: Convergence or Divergence?
9:00 am - 10:30 am
Plaza I
Co-sponsored by the International Economic Law Interest Group
1.5 CLE credits offered for the States of CA,VA, PA, and NY (Accredited by NY Approved Jurisdiction of PA)
Many economic disputes arise out of international trade and international investments. Decisions of the World Trade Organization and investor-state arbitration tribunals thus often address similar issues, but from different perspectives. In recent years, some investment arbitration tribunals have explicitly referenced WTO jurisprudence in related areas, such as the national treatment principle. This panel addresses whether there is a trend of convergence in the trade and investment regimes and, if so, whether such convergence is desirable.
Moderator: Todd J. Weiler, Investment Treaty Law & Arbitration Counsel
Speakers:
9:00 am - 10:30 am
Plaza I
Co-sponsored by the International Economic Law Interest Group
1.5 CLE credits offered for the States of CA,VA, PA, and NY (Accredited by NY Approved Jurisdiction of PA)
Many economic disputes arise out of international trade and international investments. Decisions of the World Trade Organization and investor-state arbitration tribunals thus often address similar issues, but from different perspectives. In recent years, some investment arbitration tribunals have explicitly referenced WTO jurisprudence in related areas, such as the national treatment principle. This panel addresses whether there is a trend of convergence in the trade and investment regimes and, if so, whether such convergence is desirable.
Moderator: Todd J. Weiler, Investment Treaty Law & Arbitration Counsel
Speakers:
- Marinn Carlson, Sidley Austin LLP
- Wang Guiguo, City University of Hong Kong School of Law
- Donald McCrae, University of Ottawa, Faculty of Law
- Jason Yackee, University of Wisconsin
What the Kosovo Advisory Opinion Means for the Rest of the World
9:00 am - 10:30 am
Salon I
1.5 CLE credits offered for the States of CA,VA, PA, and NY (Accredited by NY Approved Jurisdiction of PA )
This panel will discuss the International Court of Justice's long-awaited Advisory Opinion on Kosovo's Declaration of Independence, including its impact on the international law of secession, statehood, self-determination, and the interpretation and effect of U.N. Security Council Resolutions. Participants in this panel will discuss the political and legal significance of this opinion for the future of Kosovo and Serbia, as well as its potential relevance in other contexts such as Palestine, South Sudan, Somaliland, and South Ossetia/Abkhazia.
Moderator: Ralph Wilde, University College London
Speakers:
9:00 am - 10:30 am
Salon I
1.5 CLE credits offered for the States of CA,VA, PA, and NY (Accredited by NY Approved Jurisdiction of PA )
This panel will discuss the International Court of Justice's long-awaited Advisory Opinion on Kosovo's Declaration of Independence, including its impact on the international law of secession, statehood, self-determination, and the interpretation and effect of U.N. Security Council Resolutions. Participants in this panel will discuss the political and legal significance of this opinion for the future of Kosovo and Serbia, as well as its potential relevance in other contexts such as Palestine, South Sudan, Somaliland, and South Ossetia/Abkhazia.
Moderator: Ralph Wilde, University College London
Speakers:
- Marko Milanovic, University of Nottingham
- Anne Peters, University of Basel
- Qerim Qerimi, University of Prishtina in Kosovo and Harvard Law School
The Role of Legal Norms in Mediation and Negotiation: Views from the Field
9:00 am - 10:30 am
Salon II
How - and how well - does international law function in the context of efforts to negotiate or mediate solutions to disputes between states? Drawing on their rich and varied experiences as high level officials and lawyers in international diplomacy, participants in this roundtable will discuss how international law is used (and perhaps abused) when governments undertake to resolve their differences outside of court, offering an applied perspective on the relationship between international law and international relations.
Moderator: Nicolas Michel, Geneva University Law Faculty and the Geneva Graduate Institute of International and Development Studies
Speakers:
Salon II
How - and how well - does international law function in the context of efforts to negotiate or mediate solutions to disputes between states? Drawing on their rich and varied experiences as high level officials and lawyers in international diplomacy, participants in this roundtable will discuss how international law is used (and perhaps abused) when governments undertake to resolve their differences outside of court, offering an applied perspective on the relationship between international law and international relations.
Moderator: Nicolas Michel, Geneva University Law Faculty and the Geneva Graduate Institute of International and Development Studies
Speakers:
- John Crook, George Washington University Law School; former commissioner, Eritrea-Ethiopia Claims Commission
- Joel Hernandez Garcia, Legal Adviser of the Ministry of Foreign Affairs of Mexico
- Lamia R. Matta, Miller & Chevalier
- Jennifer Lake, Independent Diplomat
Ethical and Practical Challenges for Corporate Lawyers Advising Clients on Human Rights
9:00 am - 10:30 am
Salon IIIA
1.5 Ethics CLE credits offered for the States of CA,VA, PA, and NY (Accredited by NY Approved Jurisdiction of PA )
Corporate lawyers are increasingly encountering human rights issues in advising clients, structuring deals, and defending against lawsuits brought against corporations in U.S. and foreign courts. This discussion will address the professional role of corporate counsel in situations that could give rise to human rights claims from the perspectives of legal ethics, U.S. law, and international law.
Moderator: David Nersessian, Boston University School of Law
Speakers:
9:00 am - 10:30 am
Salon IIIA
1.5 Ethics CLE credits offered for the States of CA,VA, PA, and NY (Accredited by NY Approved Jurisdiction of PA )
Corporate lawyers are increasingly encountering human rights issues in advising clients, structuring deals, and defending against lawsuits brought against corporations in U.S. and foreign courts. This discussion will address the professional role of corporate counsel in situations that could give rise to human rights claims from the perspectives of legal ethics, U.S. law, and international law.
Moderator: David Nersessian, Boston University School of Law
Speakers:
- Sarah Altschuller, Foley Hoag LLP
- Rachel Davis, Harvard Kennedy School and UN Special Representative for Business and Human Rights
- Alexandra Guaqueta, Flinders University, School of International Studies
- Patrick Keenan, University of Illinois School of Law
Regional Regimes in Comparative Perspective
9:00 am - 10:30 am
Salon IIIB
Co-sponsored by the Africa Interest Group and the International Organizations Interest Group
This roundtable will discuss the role of regional regimes and organizations in international law. It will compare the attempts by different regimes to account for local traditions and experiences as they move toward greater integration, and as increasing cross-fertilization arises from their engagement with other regional regimes and organizations.
Moderator: Joseph Weiler, New York University School of Law
Speakers
9:00 am - 10:30 am
Salon IIIB
Co-sponsored by the Africa Interest Group and the International Organizations Interest Group
This roundtable will discuss the role of regional regimes and organizations in international law. It will compare the attempts by different regimes to account for local traditions and experiences as they move toward greater integration, and as increasing cross-fertilization arises from their engagement with other regional regimes and organizations.
Moderator: Joseph Weiler, New York University School of Law
Speakers
- John M. Wilson, Organisation of American States
- Richard Burchill, University of Hull
- Maxwell Chibundu, University of Maryland School of Law
- Walter Woon, National University of Singapore, Faculty of Law
International Criminal Law Interest Group: "Fact Finding Without Facts:" A Conversation with Nancy Combs
10:45 am - 12:15 pm
Lincoln
Co-sponsored by the Women in International Law Interest Group
1.5 CLE credits offered for the States of CA,VA, PA, and NY (Accredited by NY Approved Jurisdiction of PA)
This session on fact-finding in international criminal law will focus on Nancy Combs' new book: Fact Finding Without Facts (2010, Cambridge). The author will present her methodology, main findings, and prescriptive proposals. Her presentation will be followed by a moderated discussion with interest group members and attendees about whether or not the problems she identifies in ICL fact-finding significantly undermine the fundamental fairness of ICL, and about how such problems can be fixed.
Moderator: Linda A. Malone, William & Mary Law School
Speaker: Nancy Combs, William & Mary Law
10:45 am - 12:15 pm
Lincoln
Co-sponsored by the Women in International Law Interest Group
1.5 CLE credits offered for the States of CA,VA, PA, and NY (Accredited by NY Approved Jurisdiction of PA)
This session on fact-finding in international criminal law will focus on Nancy Combs' new book: Fact Finding Without Facts (2010, Cambridge). The author will present her methodology, main findings, and prescriptive proposals. Her presentation will be followed by a moderated discussion with interest group members and attendees about whether or not the problems she identifies in ICL fact-finding significantly undermine the fundamental fairness of ICL, and about how such problems can be fixed.
Moderator: Linda A. Malone, William & Mary Law School
Speaker: Nancy Combs, William & Mary Law
Intellectual Property Law Interest Group: Harmonizing International Law: An IP Perspective
10:45 am - 12:15 pm
Jefferson
Co-sponsored by the Cultural Heritage and the Arts Interest Group
The notion of harmony and dissonance in international law is particularly salient in the area of international intellectual property law, not just because of the "laws-are-territorial-while transactions-are-global" issue, but also because the changes wrought by technology have made the world smaller and the forces of global business stronger. This panel will explore tensions between the developed and developing countries as they struggle to align with international norms without losing sight of the interests of national populations.
Moderator: Elizabeth Chien-Hale, Institute for Intellectual Property in Asia
Speakers:
10:45 am - 12:15 pm
Jefferson
Co-sponsored by the Cultural Heritage and the Arts Interest Group
The notion of harmony and dissonance in international law is particularly salient in the area of international intellectual property law, not just because of the "laws-are-territorial-while transactions-are-global" issue, but also because the changes wrought by technology have made the world smaller and the forces of global business stronger. This panel will explore tensions between the developed and developing countries as they struggle to align with international norms without losing sight of the interests of national populations.
Moderator: Elizabeth Chien-Hale, Institute for Intellectual Property in Asia
Speakers:
- James Pooley, World Intellectual Property Organization
- Seagull Song, Renmin University
Rights of Indigenous Peoples Interest Group Meeting
10:45 a.m. - 12:15 p.m.
Roosevelt
10:45 a.m. - 12:15 p.m.
Roosevelt
Recent Trends in International Investment Treaty Law
10:45 am - 12:15 pm
Salon IIIA
Co-sponsored by the International Economic Law Interest Group
1.5 CLE credits offered for the States of CA,VA, PA, and NY (Accredited by NY Approved Jurisdiction of PA)
This panel will examine the theme of harmony and dissonance through the prism of recent trends in international investment law. Among the topics discussed will be recent developments relating to the independence/impartiality of arbitrators, provisional measures in the ICJ and investment treaty arbitration, recent annulment decisions, the transition of competence on foreign investment from the Member States to the European Union, and the relationship between the US Model BIT and international standards.
Moderator: Nassib Ziade, International Centre for Settlement of Investment Disputes
Speakers:
Salon IIIA
Co-sponsored by the International Economic Law Interest Group
1.5 CLE credits offered for the States of CA,VA, PA, and NY (Accredited by NY Approved Jurisdiction of PA)
This panel will examine the theme of harmony and dissonance through the prism of recent trends in international investment law. Among the topics discussed will be recent developments relating to the independence/impartiality of arbitrators, provisional measures in the ICJ and investment treaty arbitration, recent annulment decisions, the transition of competence on foreign investment from the Member States to the European Union, and the relationship between the US Model BIT and international standards.
Moderator: Nassib Ziade, International Centre for Settlement of Investment Disputes
Speakers:
- Rudolf Dolzer, Institute for International Law, at the University of Bonn, Germany
- Donald Francis Donovan, Debevoise & Plimpton LLP
- Carolyn Lamm, White & Case LLP
- Loretta Malintoppi, Eversheads LLP
The Roles and Responsibilities of International Organizations
10:45 am - 12:15 pm
Salon I
Co-sponsored by the International Organizations Interest Group and the Government Attorney's Interest Group
1.5 CLE credits offered for the States of CA,VA, PA, and NY (Accredited by NY Approved Jurisdiction of PA)
The topic of the responsibility of international organizations has drawn much attention over the last decade, in particular since 2007, when the European Court of Human Rights rendered its controversial decision in the Behrami and Saramati case. Currently, the International Law Commission is elaborating a set of draft articles on the responsibilities of international organizations that may have significant ramifications. This panel will explore the development of this body of law: what is it now, where is it going, and what should it be?
Moderator: Blanca Montejo, Office of Legal Affairs, United Nations
Speakers:
10:45 am - 12:15 pm
Salon I
Co-sponsored by the International Organizations Interest Group and the Government Attorney's Interest Group
1.5 CLE credits offered for the States of CA,VA, PA, and NY (Accredited by NY Approved Jurisdiction of PA)
The topic of the responsibility of international organizations has drawn much attention over the last decade, in particular since 2007, when the European Court of Human Rights rendered its controversial decision in the Behrami and Saramati case. Currently, the International Law Commission is elaborating a set of draft articles on the responsibilities of international organizations that may have significant ramifications. This panel will explore the development of this body of law: what is it now, where is it going, and what should it be?
Moderator: Blanca Montejo, Office of Legal Affairs, United Nations
Speakers:
- José Alvarez, New York University School of Law
- Vera Gowlland-Debbas, Université de Genève
- Maurizio Ragazzi, World Bank
- Daphna Shraga, Office of Legal Affairs, United Nations
New Battlefields/Old Laws: Shaping a Legal Environment for Counterinsurgency
10:45 am - 12:15 pm
Salon II
Co-sponsored by the International Criminal Law Interest Group, the International Refugee Law Interest Group and the Lieber Society on the Law of Armed Conflict
1.5 CLE credits offered for the States of CA,VA, PA, and NY (Accredited by NY Approved Jurisdiction of PA)
Counterinsurgency operations will dominate twenty-first century warfare. This panel will explore legal and policy gaps that arise when traditional treaty and customary rules of international humanitarian law, the laws of war, and human rights law are applied to asymmetric warfare between states and a range of non-state armed groups.
Moderator: William C. Banks, Institute for National Security and Counterterrorism, Syracuse University, College of Law
Speakers:
10:45 am - 12:15 pm
Salon II
Co-sponsored by the International Criminal Law Interest Group, the International Refugee Law Interest Group and the Lieber Society on the Law of Armed Conflict
1.5 CLE credits offered for the States of CA,VA, PA, and NY (Accredited by NY Approved Jurisdiction of PA)
Counterinsurgency operations will dominate twenty-first century warfare. This panel will explore legal and policy gaps that arise when traditional treaty and customary rules of international humanitarian law, the laws of war, and human rights law are applied to asymmetric warfare between states and a range of non-state armed groups.
Moderator: William C. Banks, Institute for National Security and Counterterrorism, Syracuse University, College of Law
Speakers:
- Ashley Deeks, Columbia University
- Col. Rich Gross, United States Central Command
- Sarah Sewall, Harvard Kennedy School of Government
- Robert D. Sloane, Boston University School of Law
Elections and Ethnic Violence
10:45 am - 12:15 pm
Salon IIIB
International institutions have overseen elections around the world, but they have not developed a standard approach to anticipating, preventing and responding to election-related violence. In May 2010, the U.N. Special Rapporteur on Extrajudicial Executions released a report on election-related violence and killings that makes key recommendations in response to these gaps. This panel assembles experts from government and civil society to assess and respond to the report's recommendations, and to identify core issues requiring attention from academics and policy-makers.
Moderator: Sarah Knuckey, Center for Human Rights and Global Justice, New York University
Speakers:
10:45 am - 12:15 pm
Salon IIIB
International institutions have overseen elections around the world, but they have not developed a standard approach to anticipating, preventing and responding to election-related violence. In May 2010, the U.N. Special Rapporteur on Extrajudicial Executions released a report on election-related violence and killings that makes key recommendations in response to these gaps. This panel assembles experts from government and civil society to assess and respond to the report's recommendations, and to identify core issues requiring attention from academics and policy-makers.
Moderator: Sarah Knuckey, Center for Human Rights and Global Justice, New York University
Speakers:
- Peter Bartu, University of California, Berkeley
- Susan Benesch, World Policy Institute
- Jeff Fischer, Creative Associates
- Chidi Odinkala, Open Society Justice Initiative
Intellectual Property Law Interest Group
12:30 pm - 1:30 pm
Jefferson
12:30 pm - 1:30 pm
Jefferson
Luncheon Dialogue with Fatou Bensouda, Deputy Prosecutor, Office of the Prosecutor, International Criminal Court
12:30 p.m. - 2:30 p.m.
Plaza I & II
Co-sponsored by the Women in International Law Interest Group
Speaker: Fatou Bensouda, Deputy Prosecutor, Office of the Prosecutor, International Criminal Court
Moderator: Diane Marie Amann, University of California-Davis
Plaza I & II
Co-sponsored by the Women in International Law Interest Group
Speaker: Fatou Bensouda, Deputy Prosecutor, Office of the Prosecutor, International Criminal Court
Moderator: Diane Marie Amann, University of California-Davis
International Legal Research Interest Group: Greater Than the Sum of its Parts: Global Cooperation in Making the World's Laws Accessible
1:00 pm - 2:30 pm
Roosevelt
Despite significant technological advancements in recent years, the world still lacks a systematic and comprehensive process for creating, sharing and authenticating legal information on the Internet. In fact, many laws remain completely inaccessible online. This panel will discuss the need for global cooperation in promoting access to the laws of the nations of the world, while providing specific examples of efforts to address this important issue. It will include the perspectives of governments, academic institutions, libraries, and private sector organizations.
Moderator: Amy Emerson, Cornell Law School
Speakers:
1:00 pm - 2:30 pm
Roosevelt
Despite significant technological advancements in recent years, the world still lacks a systematic and comprehensive process for creating, sharing and authenticating legal information on the Internet. In fact, many laws remain completely inaccessible online. This panel will discuss the need for global cooperation in promoting access to the laws of the nations of the world, while providing specific examples of efforts to address this important issue. It will include the perspectives of governments, academic institutions, libraries, and private sector organizations.
Moderator: Amy Emerson, Cornell Law School
Speakers:
- Thomas R. Bruce, Legal Information Institute at Cornell Law School
- Hongxia Liu, World Justice Project
- Marylin Raisch, Georgetown Law School
- Roberta Schaffer, Law Library of Congress
Harmony and Dissonance in Extraterritorial Regulation
1:00 pm - 2:30 pm
Salon II
Co-sponsored by the International Law in Domestic Courts Interest Group
When should U.S. courts apply U.S. law to regulate the overseas conduct of foreigners? In recent years, the U.S. Supreme Court has examined the extraterritorial reach of a number of key statutes, including the Sherman Antitrust Act (F. Hoffmann-La Roche v. Empagran) and the Securities Exchange Act (Morrison v. National Australia Bank). This panel will draw upon the U.S. Supreme Court's recent extraterritorial decisions to discuss and debate the geographic reach of U.S. statutes and the implications of this evolving jurisprudence for international law and global governance.
Moderator: Kal Raustiala, University of California, Los Angeles School of Law
Speakers:
1:00 pm - 2:30 pm
Salon II
Co-sponsored by the International Law in Domestic Courts Interest Group
When should U.S. courts apply U.S. law to regulate the overseas conduct of foreigners? In recent years, the U.S. Supreme Court has examined the extraterritorial reach of a number of key statutes, including the Sherman Antitrust Act (F. Hoffmann-La Roche v. Empagran) and the Securities Exchange Act (Morrison v. National Australia Bank). This panel will draw upon the U.S. Supreme Court's recent extraterritorial decisions to discuss and debate the geographic reach of U.S. statutes and the implications of this evolving jurisprudence for international law and global governance.
Moderator: Kal Raustiala, University of California, Los Angeles School of Law
Speakers:
- Hannah Buxbaum, Indiana University Maurer School of Law
- George T. Conway III, Wachtell, Lipton, Rosen & Katz
- William S. Dodge, University of California, Hastings College of the Law
- Austen Parrish, Southwestern Law School
Labor and Migration in International Law: Challenges of Protection, Specialization and Bilateralism
1:00 pm - 2:30 pm
Salon IIIA
The acceleration of labor migration has not been met by a coherent international legal response. Instead, the movement of highly skilled workers has been liberalized in free trade agreements, whereas the movement of lower skilled workers remains the domain of bilateral migration agreements. This panel will address problems flowing from this duality, and what steps can be taken to address these problems.
Moderator: Regan Ralph, Fund for Global Human Rights
Speakers:
1:00 pm - 2:30 pm
Salon IIIA
The acceleration of labor migration has not been met by a coherent international legal response. Instead, the movement of highly skilled workers has been liberalized in free trade agreements, whereas the movement of lower skilled workers remains the domain of bilateral migration agreements. This panel will address problems flowing from this duality, and what steps can be taken to address these problems.
Moderator: Regan Ralph, Fund for Global Human Rights
Speakers:
- Nisha Varia, Human Rights Watch
- Jürgen Bast, Max Planck Institute for Comparative Public Law and International Law
- Ayelet Shachar, University of Toronto
- Tomer Broude, Hebrew University
International Law and the Liability for Catastrophic Environmental Damage
3:00 pm - 4:30 pm
Roosevelt
Co-sponsored by the International Environmental Law Interest Group and the Rights of Indigenous Peoples Interest Group
Transboundary pollution from catastrophic events, such as the Deepwater Horizon/BP disaster in the Gulf of Mexico, raises questions of how to determine liability and responsibility for clean-up, compensation, and restoration. Answers to these questions implicate both national and international law. This panel will address how international law has been, or could be, brought to bear in environmental catastrophes by looking at both successes and failures.
Moderator: Marie Soveroski, ASIL International Environmental Law Interest Group Chair
Speakers:
Roosevelt
Co-sponsored by the International Environmental Law Interest Group and the Rights of Indigenous Peoples Interest Group
Transboundary pollution from catastrophic events, such as the Deepwater Horizon/BP disaster in the Gulf of Mexico, raises questions of how to determine liability and responsibility for clean-up, compensation, and restoration. Answers to these questions implicate both national and international law. This panel will address how international law has been, or could be, brought to bear in environmental catastrophes by looking at both successes and failures.
Moderator: Marie Soveroski, ASIL International Environmental Law Interest Group Chair
Speakers:
- Judge Tullio Treves, International Tribunal for the Law of the Sea
- Alan Boyle, Edinburgh University
- Peter Sand, University of Munich
- Monika Hinteregger, University of Graz
- Gunther Handl, Tulane University School of Law
New Voices II: Internationalizing & Domesticating Law
3:00 pm - 4:30 pm
Lincoln
1.5 CLE credits offered for the States of CA,VA, PA, and NY (Accredited by NY Approved Jurisdiction of PA)
Speakers:
3:00 pm - 4:30 pm
Lincoln
1.5 CLE credits offered for the States of CA,VA, PA, and NY (Accredited by NY Approved Jurisdiction of PA)
Speakers:
- Anna Dolidze, Cornell Law School, Anglo-Saxonizing Rights: Transnational Public Interest Law Litigation in Europe
- Molly Beutz Land, New York Law School, Recalibrating TRIPS
- Maximo Langer, UCLA School of Law, The Diplomacy of Universal Jurisdiction: The Regulating Role of the Political Branches in the Transnational Prosecution of International Crimes
- Tonya Putnam, Columbia University, Back to Bedrock with U.S. Extraterritoriality? Safeguarding Domestic Rule Integrity as a Touchstone for Judicial Action
UN 21 Interest Group Meeting
3:00 pm - 4:30 pm
Plaza I
3:00 pm - 4:30 pm
Plaza I
Africa Interest Group
3:00 pm - 4:30 pm
Jefferson
3:00 pm - 4:30 pm
Jefferson
Are There "Regional" Approaches to International Dispute Resolution?
3:00 pm - 4:30 pm
Salon IIIA
Participants in this roundtable will examine whether there are tendencies shaped by regional cultural, political or historical influences with respect to international dispute resolution, particularly in areas such as trade, investment, and human rights. If such tendencies exist, how do -- and should -- decision-makers and advocates in international tribunals take account of them? What does this mean for dispute resolution processes and for harmony and dissonance in international law?
Moderator: Samaa A. Haridi, Partner, International Dispute Resolution
Speakers:
3:00 pm - 4:30 pm
Salon IIIA
Participants in this roundtable will examine whether there are tendencies shaped by regional cultural, political or historical influences with respect to international dispute resolution, particularly in areas such as trade, investment, and human rights. If such tendencies exist, how do -- and should -- decision-makers and advocates in international tribunals take account of them? What does this mean for dispute resolution processes and for harmony and dissonance in international law?
Moderator: Samaa A. Haridi, Partner, International Dispute Resolution
Speakers:
- Katia Fach Gómez, Fordham Law School
- Judge Nkemdilim Izuako, United Nations Dispute Tribunal
- Catherine Kessedjian, University Pantheon-Assas in Paris and former Deputy Secretary General of the Hague Conference on Private International Law
- Zhaojie Li, Tsinghua University Law School
International Legal Theory Interest Group: Harmony and Dissonance in International Legal Theory
3:00 pm - 4:30 pm
Salon IIIB
This panel will explore harmony and dissonance in international legal theory. It will examine questions such as: Can a single international legal theory provide the foundation for all subject areas addressed by international law, or do different areas require different theories? Should international legal theory accommodate diverse legal, cultural, gender, and religious viewpoints, and if so, how? What role should democratic principles play in international law and international legal theory?
Moderator: Brian D. Lepard, University of Nebraska College of Law
Speakers:
3:00 pm - 4:30 pm
Salon IIIB
This panel will explore harmony and dissonance in international legal theory. It will examine questions such as: Can a single international legal theory provide the foundation for all subject areas addressed by international law, or do different areas require different theories? Should international legal theory accommodate diverse legal, cultural, gender, and religious viewpoints, and if so, how? What role should democratic principles play in international law and international legal theory?
Moderator: Brian D. Lepard, University of Nebraska College of Law
Speakers:
- Nienke Grossman, University of Baltimore School of Law
- John Linarelli, University of La Verne College of Law
- John Morss, Deakin University
- Helen Stacy, Freeman Spogli Institute for International Studies, Stanford University
International Legal Implications of Israel's Attack on the Gaza Aid Flotilla
3:00 pm - 4:30 pm
Salon I & II
Co-sponsored by the Lieber Society on the Law of Armed Conflict
The Israeli attack on a Gaza aid flotilla raises questions involving the use of force, international humanitarian law, the law of the sea, and occupation law. This panel will address questions including: How should decision-makers navigate these legal complexities? Was there a clear legal standard governing the launch and conduct of the attack? In such situations, what questions does law answer, and what questions does it leave unresolved?
Moderator:
Speakers:
3:00 pm - 4:30 pm
Salon I & II
Co-sponsored by the Lieber Society on the Law of Armed Conflict
The Israeli attack on a Gaza aid flotilla raises questions involving the use of force, international humanitarian law, the law of the sea, and occupation law. This panel will address questions including: How should decision-makers navigate these legal complexities? Was there a clear legal standard governing the launch and conduct of the attack? In such situations, what questions does law answer, and what questions does it leave unresolved?
Moderator:
Speakers:
- Sari Bashi, Gisha: Legal Center for Freedom of Movement
- Daoud L. Khairallah, Georgetown University Law Center, or at the School of Advanced International Studies (SAIS), John's Hopkins University
- Sarah Weiss Ma'udi, Office of the Legal Adviser, Ministry of Foreign Affairs of Israel
- Naz Modirzadeh, Harvard Program on Humanitarian Policy and Conflict Research
Keynote Address: A Conversation with Angel Gurría, Secretary General of the Organisation for Economic Cooperation and Development
5:00 pm - 6:15 pm
Salon I & II
Co-Sponsored by George Washington University Law School
Discussants:
Salon I & II
Co-Sponsored by George Washington University Law School
Discussants:
- Susan L. Karamanian, George Washington University Law School
- Lucinda A. Low, Steptoe & Johnson LLP
Looking to the Future: Reception in Honor of W. Michael Reisman
6:15 p.m. - 7:15 p.m.
Plaza I & II
Co-sponsored by Martinus Nijhoff (Brill) Publishers
Remarks by:
6:15 p.m. - 7:15 p.m.
Plaza I & II
Co-sponsored by Martinus Nijhoff (Brill) Publishers
Remarks by:
- David D. Caron, President of the American Society of International Law
- Dame Rosalyn Higgins, former President of the International Court of Justice
- Honorable Harold Koh, Legal Advisor of the Department of State
- Siegfried Wiessner, St. Thomas University Law School
Government Attorneys Interest Group Meeting
6:30 pm - 8:00 pm
Jefferson
6:30 pm - 8:00 pm
Jefferson
President's Reception
6:30 pm - 8:00 pm
Salon III & Prefunction
Co-Sponsored by George Washington University Law School
6:30 pm - 8:00 pm
Salon III & Prefunction
Co-Sponsored by George Washington University Law School
Patrons' and Major Donors' Reception
6:30 p.m. - 8:00 p.m.
Roosevelt
6:30 p.m. - 8:00 p.m.
Roosevelt
ASIL Annual Dinner: A Celebration of Distinction and Promise
8:00 p.m. - 10:00 p.m.
Salon I & II
Tributes to:
Presentation of Society Honors & Awards:
Presentation of Certificates of Merit for Scholarship in recognition of:
Honorable Mention for a preeminent contribution to creative scholarship:
Honorable Mention in a specialized area of international law:
8:00 p.m. - 10:00 p.m.
Salon I & II
Tributes to:
- Chris Merrillat by Elizabeth Andersen
- Shabtai Rosenne by Bernard Oxman
- Louis Henkin by Lori Damrosch
Presentation of Society Honors & Awards:
- Hudson Medal: Eric Stein
- Goler T. Butcher Medal: Gay McDougall
Presentation of Certificates of Merit for Scholarship in recognition of:
- Creative Scholarship: Jutta Brunnée and Stephen J. Toope for Legitimacy and Legality in International Law (Cambridge University Press)
- High Technical Craftsmanship: Gary B. Born for International Commercial Arbitration (Kluwer Law International)
- A Contribution to a Specialized Field of International Law: Gary D. Solis for The Law of Armed Conflict (Cambridge University Press)
Honorable Mention for a preeminent contribution to creative scholarship:
- Kal Raustiala, Does the Constitution Follow the Flag? (Oxford University Press)
Honorable Mention in a specialized area of international law:
- Anne T. Gallagher, The International Law of Human Trafficking (Cambridge University Press)
ASIL-ILSA Dessert and Dance Party
10:00 pm - 12:00 am
Salon III & Plaza Ballroom
10:00 pm - 12:00 am
Salon III & Plaza Ballroom
Saturday, March 26, 2011
Interest Group Co-Chairs' Breakfast
7:15 am - 8:45 am
Jefferson
7:15 am - 8:45 am
Jefferson
Annual General Meeting and Award Ceremony
8:30 am - 9:00 am
Salon I
8:30 am - 9:00 am
Salon I
Duplication and Divergence in the Work of the United Nations Human Rights Treaty Bodies
9:00 am - 10:30 am
Plaza I
Co-sponsored by the International Refugee Law Interest Group
This roundtable will discuss tensions between the increasing specialization of the eight United Nations human rights treaty bodies and ongoing efforts to develop greater harmonization of their practices. The proliferation of these bodies has generated both duplication and divergence of approaches. Participants will address advantages and problems with both of these trends, and evaluate suggestions for reform.
Moderator: Christina Cerna, Organization of American States
Speakers:
9:00 am - 10:30 am
Plaza I
Co-sponsored by the International Refugee Law Interest Group
This roundtable will discuss tensions between the increasing specialization of the eight United Nations human rights treaty bodies and ongoing efforts to develop greater harmonization of their practices. The proliferation of these bodies has generated both duplication and divergence of approaches. Participants will address advantages and problems with both of these trends, and evaluate suggestions for reform.
Moderator: Christina Cerna, Organization of American States
Speakers:
- Sarah McCosker, Australian Commonwealth Attorney-General's Departmen
- Suzanne Nossel, U.S. Department of State, Bureau of International Organization Affairs
- Sir Nigel Rodley, University of Essex
- Ibrahim Salama, Human Rights Treaties Division, Office of the High Commissioner for Human Rights
Trade and Investment in Africa: Harmony and Disharmony with the International Community
9:00 am - 10:30 am
Roosevelt
Co-sponsored by the Africa Interest Group and the International Economic Law Interest Group
Current models of development in Africa are adapting to account for Africa's changing economic landscape, which includes some of the fastest growing economies today. Africa is engaging its partners in commerce through multilateral, regional, cross-regional, and bilateral trade and investment agreements and platforms. This session will consider harmony and dissonance between the legal norms, institutions, and arrangements that make up the African trading system, on the one hand, and those that shape Africa's interaction with the global-multilateral system, on the other.
Moderator: Angela M. Banks, William and Mary Law School
Participants:
9:00 am - 10:30 am
Roosevelt
Co-sponsored by the Africa Interest Group and the International Economic Law Interest Group
Current models of development in Africa are adapting to account for Africa's changing economic landscape, which includes some of the fastest growing economies today. Africa is engaging its partners in commerce through multilateral, regional, cross-regional, and bilateral trade and investment agreements and platforms. This session will consider harmony and dissonance between the legal norms, institutions, and arrangements that make up the African trading system, on the one hand, and those that shape Africa's interaction with the global-multilateral system, on the other.
Moderator: Angela M. Banks, William and Mary Law School
Participants:
- Uche Ewelukwa, University of Arkansas
- Won Kidane, Seattle University
- Victor Mosoti, International and Environmental Law Unit, Legal Vice-Presidency, The World Bank
- Thomas R. Snider, Wilmer Cutler Pickering Hale and Dorr LLP
Geoengineering Climate Change: Can the Law Catch Up?
9:00 am - 10:30 am
Salon IIIA
Co-sponsored by the International Environmental Law Interest Group
This panel will address geoengineering as a potential solution to climate change. While climate geoengineering methods have the potential to substantially ameliorate, or reverse, current warming trends, they could also have serious negative ramifications. This panel will assess governance issues associated with geoengineering, including pertinent international treaty regimes, the potential implications of overlapping jurisdiction, and a potential framework for liability.
Moderator: Rebecca Bratspies, City University of New York School of Law
Speakers:
9:00 am - 10:30 am
Salon IIIA
Co-sponsored by the International Environmental Law Interest Group
This panel will address geoengineering as a potential solution to climate change. While climate geoengineering methods have the potential to substantially ameliorate, or reverse, current warming trends, they could also have serious negative ramifications. This panel will assess governance issues associated with geoengineering, including pertinent international treaty regimes, the potential implications of overlapping jurisdiction, and a potential framework for liability.
Moderator: Rebecca Bratspies, City University of New York School of Law
Speakers:
- William C.G. Burns, Center for Environmental Studies- Williams College
- Lee Lane, Hudson Institute
- Hari Osofsky, University of Minnesota Law School
Author Meets Reader: International Law in the U.S. Supreme Court: Continuity and Change
9:00 am - 10:30 am
Plaza II
Co-sponsored by the International Law in Domestic Courts Interest Group
1.5 CLE credits offered for the States of CA,VA, PA, and NY (Accredited by NY Approved Jurisdiction of PA)
This forthcoming edited volume traces the Supreme Court's treatment of treaties and customary international law from 1789 through today, including the relationship between separation of powers issues and international law. This session offers critical engagement with the book, in terms of both methodology and conclusions. The discussion will canvass the past, present, and future of international law in U.S. Supreme Court decisions.
Moderator: Ingrid Wuerth, Vanderbilt University Law School
Speakers:
9:00 am - 10:30 am
Plaza II
Co-sponsored by the International Law in Domestic Courts Interest Group
1.5 CLE credits offered for the States of CA,VA, PA, and NY (Accredited by NY Approved Jurisdiction of PA)
This forthcoming edited volume traces the Supreme Court's treatment of treaties and customary international law from 1789 through today, including the relationship between separation of powers issues and international law. This session offers critical engagement with the book, in terms of both methodology and conclusions. The discussion will canvass the past, present, and future of international law in U.S. Supreme Court decisions.
Moderator: Ingrid Wuerth, Vanderbilt University Law School
Speakers:
- Mary Dudziak, University of Southern California, Gould School of Law
- Lori Damrosch, Columbia Law School
- David Sloss, Santa Clara University Law School
Transnational Piracy: To Pay or to Prosecute?
9:00 am - 10:30 am
Salon IIIB
Co-sponsored by the International Criminal Law Interest Group
1.5 CLE credits offered for the States of CA,VA, PA, and NY (Accredited by NY Approved Jurisdiction of PA)
The international community struggles with how to deal with non-state criminal actors such as pirates. Even though the principle of universal jurisdiction was first established in relation to piracy, domestic legal regimes fail in many instances to adequately address piracy. In addition, Somali pirates have used ransom money to become power brokers in the region. This panel will consider the logistical, legal, and political dimensions of approaches to combating piracy, and their implications for international law and other forms of transnational crime.
Moderator: Milena Sterio, Cleveland-Marshall Law School
Speakers:
9:00 am - 10:30 am
Salon IIIB
Co-sponsored by the International Criminal Law Interest Group
1.5 CLE credits offered for the States of CA,VA, PA, and NY (Accredited by NY Approved Jurisdiction of PA)
The international community struggles with how to deal with non-state criminal actors such as pirates. Even though the principle of universal jurisdiction was first established in relation to piracy, domestic legal regimes fail in many instances to adequately address piracy. In addition, Somali pirates have used ransom money to become power brokers in the region. This panel will consider the logistical, legal, and political dimensions of approaches to combating piracy, and their implications for international law and other forms of transnational crime.
Moderator: Milena Sterio, Cleveland-Marshall Law School
Speakers:
- Douglas Guilfoyle, University College London
- Jennifer Landsidle, U.S. Department of State
- Ambassador Thomas Winkler, Foreign Ministry of Denmark
Revolution and Intervention in the Middle East
9:00 am - 10:30 am
Salon II
Recent uprisings in Middle Eastern and North African states have raised difficult questions for international law and policy. Whereas President Mubarak in Egypt ceded power relatively peacefully, Colonel Qhadafi has used military force against Libyan civilians. What are the rights and obligations under international law for foreign states and international organizations to intervene diplomatically, economically and even militarily in such uprisings? When deciding whether and how to intervene, how should officials balance potentially competing considerations, including maintaining peace and security, safeguarding economic stability, and promoting democracy? Before, during and after a revolution, what role is there for aid and other civilian assistance, either alongside or in lieu of military intervention?
Moderator: Monica Hakimi, University of Michigan School of Law
Speakers:
Salon II
Recent uprisings in Middle Eastern and North African states have raised difficult questions for international law and policy. Whereas President Mubarak in Egypt ceded power relatively peacefully, Colonel Qhadafi has used military force against Libyan civilians. What are the rights and obligations under international law for foreign states and international organizations to intervene diplomatically, economically and even militarily in such uprisings? When deciding whether and how to intervene, how should officials balance potentially competing considerations, including maintaining peace and security, safeguarding economic stability, and promoting democracy? Before, during and after a revolution, what role is there for aid and other civilian assistance, either alongside or in lieu of military intervention?
Moderator: Monica Hakimi, University of Michigan School of Law
Speakers:
- Ali Aujali, Former Libyan Ambassador
- Harold Koh, State Department Legal Adviser
- Hussein Hassouna, League of Arab States to the United States
- Nancy Lindborg, U.S. Agency for International Development
- Mary Ellen O'Connell, Notre Dame Law School
- Catherine Powell, Secretary of State's Policy Planning Office, U.S. Department of State
Closing Plenary: International Law in the U.S. Government: The Views Outside "L"
11:0 am - 12:30 pm
International law permeates government operations across a wide range of U.S. government agencies outside of the State Department. This roundtable will bring together the principal legal advisers of these U.S. agencies to discuss international law issues that affect their agencies and activities. Topics will include treaty frameworks for international cooperation, the law of armed conflict and international law implicated in espionage.
Moderator: Jeffrey Pryce, Steptoe & Johnson LLP
Speakers:
International law permeates government operations across a wide range of U.S. government agencies outside of the State Department. This roundtable will bring together the principal legal advisers of these U.S. agencies to discuss international law issues that affect their agencies and activities. Topics will include treaty frameworks for international cooperation, the law of armed conflict and international law implicated in espionage.
Moderator: Jeffrey Pryce, Steptoe & Johnson LLP
Speakers:
- Rear Admiral James W. Crawford III, Legal Counsel to the Chairman of the Joint Chiefs of Staff
- Stephen Preston, General Counsel, U.S. Central Intelligence Agency
- Robert S. Taylor, Principal Deputy General Counsel, U.S. Department of Defense
- Avril Haines, Deputy Legal Adviser, U.S. National Security Council
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