ASIL Cables

By: Rachel VanLandingham | April 10, 2015 |

Friday's late morning panel, The Law of War Above the Fold, organized by ASIL's Lieber Society on the Law of Armed Conflict, began by highlighting armed conflicts currently in the news today, such as the Saudi-led bombing campaign in Yemen.  Superbly moderated by Naz Modirzadeh, who directs the Program on International Law and Armed Conflict at Harvard Law School, the panel brought to the fore complex law of war issues inherent in today's media accounts of conflicts, but often not addressed or only given superficial treatment in the press and blogosphere.   ...

By: Andrew Blandford | April 10, 2015 |

Alka Pradhan (of Reprieve) began the discussion by describing different litigation strategies that international lawyers used to challenge U.S.-led counterterrorism activities.  Ms. Pradhan contrasted the way in which U.S. and non-U.S. courts handled such litigation.  She stated that U.S. courts had often dismissed cases at the outset when the government raised the state secrets privilege.  In contrast, the European Court of Human Rights (“ECtHR”) and some national courts had proceeded to hear the merits of these cases.  For example:

In 2009, an Italian court...
By: Marko Milanovic | April 10, 2015 |

This panel was a natural sequel to the Legitimacy, Adaptability and Consent panel earlier in the morning.  Moderated by Kal Raustiala (UCLA), it also had an interactive roundtable format with a stellar cast of contributors: Dinah Shelton (GWU), Ingo Venzke (Amsterdam), Ayelet Berman (Graduate Institute), and Ed Swaine (GWU).

Kal Raustiala kicked off the discussion by quoting from the 2014 Pauwelyn et al article in the EJIL that was also referred to in the previous panel:

"For each decade since the 1950s, the number of new multilateral...

By: R. Carter Parét | April 10, 2015 |

In an intimate side room, this late addition panel discussed how the international community could control weapons of mass destruction, including nuclear, chemical, and biological weapons.  Jeff Pryce, Steptoe & Johnson, moderated the panel.

Laura Holgate, Special Assistant to the President & Senior Director for Weapons of Mass Destruction Terrorism and Threat Reduction, opened the panel by outlining the great strides the Obama administration has made in fostering international cooperation to reduce the potential threat of nuclear...

By: Marko Milanovic | April 10, 2015 |

This excellent panel consisted of a roundtable conversation moderated by Joseph Weiler (EUI/NYU), with contributions by Joel Trachtman (Fletcher), Benedict Kingsbury (NYU), Jutta Brunnée (Toronto), and Georg Nolte (Humboldt).

The panel covered a broad set of issues.  Joseph Weiler kicked off the discussion by putting forward the proposition that the international legal order today suffers from an adaptability deficit, in that the normative world has not adjusted to contemporary realities in a number of substantive areas.  That proposition was...

By: Hansel T. Pham | April 10, 2015 |

 

This year, the Third Annual Charles N. Brower Lecture on International Dispute Resolution was delivered by the eminent public international scholar, Professor W. Michael Reisman, the Myres S. McDougal Professor of International Law at the Yale Law School.  His eloquent and insightful presentation entitled “Canute Confronts the Tide: States and the Evolution of the Minimum Standard in Customary International Law,” compared the futile attempts of States to control the evolution of fair and equitable treatment (“FET”) and minimum standards of treatment (“MST”) with...

By: Ryan Harrington | April 10, 2015 |

Andy Spalding and Shaun Freiman from the University of Richmond arranged the panel on Brazil, Corruption and the 2016 Summer Olympics. The three guests, Chris Gaffney, Bernardo Weaver and Leonardo Machado agreed upon corruption being a serious issue in Brazil, both large and small scale. Criminal provisions against corruption have long existed in Brazil but recent events such as the World Cup and Summer Olympics have acted as a catalyst for further reforms.

The World Cup was particularly useful in highlighting some of Brazil’s cultural and legal problems because...

By: Bruce Zagaris | April 10, 2015 |

On April 9, 2015, David M. Crane, Syracuse University School of Law, former prosecutor, Special Court for Sierra Leone, moderated a panel titled “International Criminal Law: New Voices.”

Tom Dannenbaum, University College London, discussed why we criminalize aggression.  Defenders and opponents of criminalizing aggression focus on the role of states and the moral aspects of state actors.  Law prosecutes the massive killing by states.  Criminalization of aggression restricts the ability of states and restricts sovereignty.  The unjustified killing...

By: Andrea Harrison | April 09, 2015 |

This panel combined law of armed conflict experts and gaming industry experts in an interactive presentation on how integrating International Humanitarian Law (IHL)/Law of Armed Conflict (LOAC) into videogames actually makes them more realistic and challenging, while simultaneously serving as a teaching tool for those who would otherwise never be exposed to such issues.

Colonel Sanger began by explaining the importance of training for the military in the kinetic context, and how commanders look for ways to reproduce the reality their...

By: Rachel E. VanLandingham | April 09, 2015 |

Thursday's late morning panel titled, "The Use of Armed Force: Are We Approaching Normative Collapse?" provided a refreshing look at international law from largely an international relations perspective.  Superbly moderated by Professor Tom Farer, Josef Korbel School of International Studies, University of Denver, the panel transcended its focus on the modern jus ad bellum by highlighting multiple viewpoints on the efficacy of international law itself.  Miles's law -- that where you stand depends on where you sit -- was alive and well, with panelists' views of the efficacy of international...