ASIL Cables

By: Gary J. Shaw | May 02, 2015 | 04:45 PM EDT

The ASIL Annual Meeting is once again behind us, but the 2015 Meeting proved to not disappoint. Over the course of 4 days, more than 1000 individuals from 53 countries participated in countless panel discussions, roundtables, lectures, interest group meetings and luncheons. Judge Kenneth Keith of the International Court of Justice gave his thoughts on the 400 year old legacy of Grotius; Michael Reisman of Yale Law School delivered remarks on the evolution of minimum standards in customary international law; and Department of Defense General Counsel Stephen Preston...

By: Beth Van Schaack | April 16, 2015 | 02:30 PM EDT

The impending activation of the Kampala amendments to the Statute of the International Criminal Court on the crime of aggression was the subject of a session at this year’s Annual Meeting.  Chaired by Professor Michael J. Matheson of George Washington University Law School, the panel featured presentations by Sarah Sewall, Under-Secretary for Civilian Security, Democracy, and Human Rights, U.S. Department of State; Christine Hansen of the Danish Ministry of Foreign Affairs; Mort Halperin of the Open Society Foundations;...

By: Rebecca Hamilton | April 16, 2015 | 10:45 AM EDT

On April 10, Aaron Fellmeth, Arizona State University College of Law, moderated a well-attended interdisciplinary round-table entitled “Overloading Human Rights Law.”

Fellmeth framed up the topic for the participants, asking whether human rights is already overloaded, and whether additional issues that get posited – from animal rights to internet access--threaten its...

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By: Jennifer Trahan | April 15, 2015 | 12:00 PM EDT

On Saturday, April 11, Michael Van Alstine (University of Maryland) moderated a panel on “Comparative Perspectives on Executive Unilateralism in Foreign Affairs.”  The panelists were Rebecca Ingber (Columbia Law School), Shiri Krebs (Stanford University), Heinz Klug (University of Wisconsin) and Gavin Phillipson (Durham University).  They examined the scope of executive power, respectively, in the United States, Israel, South African and the UK.

Rebecca Ingber started by examining the U.S. perspective on executive unilateral...

By: Jennifer Trahan | April 15, 2015 | 11:45 AM EDT

On Friday, April 11, Stephen W. Preston, General Counsel, U.S. Department of Defense, delivered a keynote speech entitled “The Legal Framework for the United States’ Use of Military Force since 9/11.”

The speech examined four topics:  (1) the legal framework for U.S. use of military force post- 9/11; (2) the legal basis for current operations against the so-called Islamic State of Iraq and the Levant, or ISIL; (3) the end of the U.S. combat...

By: Veronica Glick | April 13, 2015 | 10:30 PM EDT

On April 10, 2015, Paul Schiff Berman, professor of law at George Washington University Law School moderated a discussion on government surveillance and the right to privacy in the digital age.   The discussion began with each panelist expressing their view as to how the law is adapting to protect privacy in the face of advanced surveillance technologies.   Professor Berman then posed rapid response questions, fostering an interactive and lively discussion among the panelists. 

Katherine Jo Strandburg, Professor...

By: Elizabeth Burleson | April 13, 2015 | 10:30 PM EDT

Elliot Diringer (Center for Climate and Energy Solutions) facilitated a forum fielding US, EU, and China climate perspectives on how this December's climate talks are to cap a four-year negotiation toward a new global climate change agreement.  He provided context on how the Durban Platform sets forth a process to develop a post-2020 agreement with “legal force” that is “applicable to all.”  He further framed the discussion as one struggling to bridge the pros and cons of “bottom-up” and “top-down” climate commitments.  The crux of the challenge is to...

By: Michael D. Cooper | April 13, 2015 | 08:00 PM EDT

In recent decades, while the transnational movement of information, goods, and capital has become almost effortless, the movement of people has become increasingly restricted.  National security is the clear overarching paradigm, and no group is more affected by this focus on security than refugees.

The scale of the global refugee crisis is staggering.  UNHCR’s 2014 mid-year report indicates a total population of some 46 million persons, including refugees, IDPs, asylum seekers and others of concern to the agency.  Our moderator, Susan...

By: Eckhard Hellbeck | April 13, 2015 | 07:45 PM EDT

On April 10, 2015, Professor Andrea Bjorklund, McGill University Faculty of Law, moderated a lively panel discussing the role of Investor-State Dispute Settlement (“ISDS”), in particular in the context of the proposed Transatlantic Trade and Investment Partnership (“TTIP”), concerns about ISDS, and potential alternatives.  The panelists were Mark Kantor, independent arbitrator, Georgetown University Law Center; Professor Ursula Kriebaum, University of Vienna; Simon Lester, Cato Institute; and Professor Jason Yackee, University of Wisconsin Law School.

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By: Z.J. Jennifer Lim | April 13, 2015 | 03:00 PM EDT

On April 11, the 2015 ASIL Annual Meeting held a session exploring ethical issues in a variety of international law-related settings.  The session was moderated by Dr. Zach Kaufman, a U.S. Supreme Court Fellow.  The panelists were Professor Catherine Rogers, Professor of Law at Penn State Law and Professor of Ethics, Regulation and the Rule of Law at Queen Mary, University of London; Ms. Brittan Heller, a criminal trial attorney at the U.S. Department of Justice; and Mr. Fergal Gaynor, Visiting Fellow at Harvard Law School.

At the outset of the session, Dr....