As we now proudly
proclaim in our ASIL propaganda, there really is “nothing
else in the world” quite like our annual meeting.
Where else can anyone find a gathering of over one
thousand international lawyers and academics trolling
for insight (and connections) among more than 28 panels
and numerous academic publishers? Where else is there
a comparable gathering of powerful politicians, prominent
practitioners, Beltway insiders, eminent judges and
arbitrators, and executive branch officials –
all happily mingling -- amongst bottomless coffee
urns -- with eager, aggressively young law students
and nerdy academics that only fellow nerds have ever
heard of?
By my calculation, this will be my 25th
annual meeting. It remains the intellectually rich
smorgasbord that it always has been. Admittedly, I’ve
come some way since the days when I snuck into the
back of an enormous ballroom at the Mayflower Hotel
during a lunch hour, State Department badge still
around my neck, straining to hear nuggets of wisdom
from a distant podium consisting of four extremely
prominent talking heads. (These days I am less likely
to be quietly absorbing the embarrassment of riches
on hand than attending to some last minute administrative
crisis or assuaging the injured feelings of SOMEBODY
VERY IMPORTANT whose name or institutional affiliation
we have inexplicably gotten wrong on our (exorbitantly
expensive) final programs.)
It is easy to see the continuities from
one annual meeting to the next. Although our Society
has gotten more cosmopolitan in its membership and
more sensitive to the need for broad inclusion, some
(reassuring or annoying) names and faces appear regularly
on the program year after year. With some exceptions
(such as the unforgettable (and exhausting) year that
the “crit” organizers marched us through
panels from 7 a.m. to 11 p.m.), most annual meetings
are structurally similar – opening keynote,
daily panels from about 9 to 5, followed by pleasant
receptions/enervating general meeting/boring Presidential
speech/interminable dinner banquet/sleepy-eyed Saturday
morning panels/rush to airport. And truth to tell,
some of the presentations on offer are more likely
to reflect the speakers’ predictable predilections
than the real world – but then, the acidic hallway
postmortems make even these worthwhile. Many of the
great debates of a quarter century ago are eerily
similar to those today – and sometimes, if you
close your eyes, you can imagine yesterday’s
antagonists standing in the shoes of today’s.
Old timers like me can be excused the occasional feelings
of déjà vu. Were the arguments by the
defenders and opponents of the ICJ’s Nicaragua
decision really all that different from those who
now defend or oppose Operation Iraqi Freedom? Can
it be possible that we are still debating the merits
of the Law of the Sea Convention or whether customary
international law insists on compensation for measures
that are “tantamount to expropriation”?
Can we possibly still be trying to “balance”
the rights and responsibilities of multinational corporations
and of the host states in which they operate?
And yet, as a Society insider, I now
know that beneath the surface similarities, annual
meetings vary a great deal from year to year, and
not merely because of theme or hotel venue. I know,
for example, that this year’s annual meeting
is the product of an unusual attempt at ground-up
democracy in place of top-down committee dominance.
This year’s hard working annual meeting committee,
led by co-chairs Chantal Thomas, Charles Hunnicutt,
and William Aceves, opted to encourage panel proposals
from the entire membership, and not merely the Society’s
interest groups. Their open call for ideas for panels
and for panelists succeeded beyond anyone’s
expectations and yielded some 80 proposals –
all in competition for the 28 slots dictated by economics
and available hotel space. While I have no illusions
that the result will elicit fewer complaints from
those whose ideas were not selected than in the past,
this year’s meeting has a more solid claim to
democratic representation than in years past.
I am looking forward to what our members
and invited luminaries will have to tell us about
“The Future of International Law.” I am
looking forward to Nobel laureate Joseph Stiglitz’s
critique of the international economic order (and
incidentally of international financial institutions)
– and hearing how Rachel Kyte, of the International
Financial Corporation, responds, during the opening
Grotius lecture. I suspect many of Stiglitz’s
themes will also emerge in the rich set of panels
on offer dealing with economic law -- on the WTO’s
Doha Round, migration and trade, private international
law, teaching and research in the field, transnational
litigation in U.S. courts, the UN Sale of Goods Convention,
investment arbitration, and general counsels’
views of the impact of international law on multinational
corporations. I also suspect that Hudson medal winner
and international law legend, Andreas Lowenfeld will
canvass all of this and much else in the course of
his interview by another legend, Yale Dean Harold
Koh.
As appropriate in a year that an Oscar
went to “An Inconvenient Truth,” the opening
environmental law panel will consider whether international
dispute settlers will have a role in dealing with
the climate change problem, while related panels will
consider whether lawyers are ready for future natural
calamities such as tsunamis, hurricanes, earthquakes,
and asteroids, or man-made degradations of the earth’s
natural resources. The future of international security
will be the subject of a kaleidoscopic speech at the
annual dinner by the author of The Shield of Achilles
and the forthcoming Terror and Consent, Philip Bobbitt,
as well as panels on the role of the U.S. Supreme
Court in the war on terror, the security of the U.S.-Canadian
border, the nuclear non-proliferation regime, and
the interplay between counter-insurgents and terrorists.
The future of development will be addressed by experts
from academe and practice addressing international
health law, food, internet governance, as well as
ownership issues arising from traditional knowledge
and genetic resources. In addition, two panels, including
one of two featuring young scholars who responded
to the Society’s call for papers, will be addressing
transformative legal projects underway on the African
continent. The future of international legal theory
will be represented by an all-star plenary panel on
the theme of the conference one evening at Georgetown
as well as by panels addressing identity politics
(a panel on “queer” theory, a roundtable
on citizenship), the rule of law, the ethics of lawyering,
democracy and gender, and non/sub-state actors and
transnational governance. Those seeking more hands-on
or practical insights will be able to turn to presentations
on the transnational efforts of U.S. law schools,
the use of technology in law school teaching and scholarship,
early morning interest group meetings, or a panel
on the internationalization of international law societies.
The future of human rights will be addressed in panels
addressing post-Sosa developments in U.S. courts,
social justice advocacy, the legacies and current
realities of slavery, human rights institutional reform
efforts, alternative judicial venues for transitional
justice efforts, and the prospects for international
labor law.
And those not satisfied with spending
two and half days on these matters can expand their
intellectual horizons for an entire week in Washington,
D.C, thanks to a number of other events scheduled
to coincide with the ASIL’s annual meeting.
These include two days of panels commemorating the
25th anniversary of the International Legal Studies
Program at American University, a day long joint program
by the ASIL and George Washington University on Intellectual
Property Rights in India and China, a day long program
co-sponsored by the ASIL and the World Bank Administrative
Tribunal on International Administrative Tribunals
and the Rule of Law, a book launch co-sponsored by
the ASIL and the United Institute for Peace (to celebrate
Council Unbound: The Growth of UN Decision Making
on Conflict and Post-Conflict Issues after the Cold
War, by Michael J. Matheson), or the 4th annual
Institute for Transnational Arbitration/ASIL half
day conference on The Future of Arbitration Involving
States immediately preceding the annual meeting on
Wednesday, Mar. 28th. (For details on all of these
programs as well as a regularly updated program of
the ASIL annual meeting, check asil.org.).
Although this year’s annual meeting
includes at least one panel that promises a historical
perspective – a retrospective on the 1907 Hague
Convention and the 1977 Geneva Protocols – its
distinct promise lies in the attempt to look forward
to the Society’s second century -- and not merely
in remembering things past.
Those who have examined how former societies
have thrived or failed and speculated on the reasons
have distilled historical lessons. At the end of a
depressing examination of the environmental catastrophes
that, in his view, partly explain the collapse of
numerous prominent civilizations, best selling author
Jared Diamond (in Collapse (2005)) finds “reasons
to hope” that today’s societies –
including our own – are not necessarily doomed
to comparable sudden demise immediately following
the height of their power. Diamond argues that despite
ominous parallels between prior cases of collapse
and our own society, there is one promising difference.
Thanks to modern technology and the ability to rapidly
access the world’s diverse talents to address
our problems, today we have the power to learn lessons
from the past that was denied to many ancient civilizations.
We now have the ability to avoid disastrous forms
of “group” or “crowd” think
characterized by a premature sense of ostensible unanimity,
suppression of personal doubts or the expression of
contrary views. Diamond argues that the very forces
that threaten us – the global inter-connectedness
that exposes us to terrorists from Afghanistan or
climate change – also permit us to know what
is happening on the other side of the world in a way
that was impossible for the Classic Maya or Mycenaean
Greece 2000 years before them. The instantaneous communications
and porous borders that pose grave security threats
enable us to learn of and from the challenges societies
across the world face. We are now empowered as few
before us have been to learn from them and to hear
the views of those who are very different from us.
Diamond’s book suggests that all
it takes to avoid collapse is the ability to listen,
an open mind, and a readiness to accept guidance from
a variety of disciplines. The Society’s annual
meeting is one place where that global interdisciplinary
learning that gives Diamond hope can take place.
It is a perfect place to examine “The
Future of International Law.”
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