ASIL Cables

By: Gary Shaw | March 18, 2015 |

The Institute for Transnational Arbitration and the American Society of International Law will once again host a ½-day conference, bringing together leading practitioners in the field of international arbitration.  Chaired by Professor Chiara Giorgetti (Richmond Law School) and Steptoe & Johnson partner Lucinda A. Low, this year’s ITA-ASIL conference will focus on issues of corruption in both investor-state and commercial international arbitration. A distinguished line-up of panelists, including the Honorable Charles N. Brower and Professor Michael Reisman (Yale Law School), will...

By: Gary Shaw | March 06, 2015 |

ASIL Cables, the Society’s  blog of the Annual Meeting, is back once again to report on the 109th ASIL  Meeting: Adapting to a Rapidly Changing World.  As it did last year, ASIL Cables 2015 will post summaries of the conference lectures and panels, as well as interviews with the Annual Meeting leadership and updates from the broad spectrum of ASIL interest groups.  The editorial staff hopes that ASIL Cables will continue to make the ASIL Annual Meeting and the innovative ideas discussed therein accessible to both Meeting participants and the worldwide community of international law...

By: Marina Barakatt | April 16, 2014 |

As Donald Donovan noted, the 2014 Annual Meeting was structured to begin with the situation in Crimea and end with Syria.  Thus, Saturday's closing plenary centered on Syria.  Mr. Donovan began the discussion by asking each panelist to address the question of how the current international legal framework allows us to address the Syrian conflict. 

Vera Gowalland-Debbas of the Graduate Institute of International and Development Studies in Geneva answered the question first.  She began by discussing United Nations (UN) Security Council (SC)...

By: M. Imad Khan | April 16, 2014 |

On the Friday morning of the 2014 ASIL Meeting, Barry Appleton and Robert Howse moderated a panel entitled “Everybody Come Together Over Me: Systemic Integration and Vienna Convention Art 31(3)(c),” which discussed the role of VCLT Article 31(3)(c) in integrating different domains of international economic law and investment law with public international law, human rights law, and international environmental law.  Article 31(3)(c) provides that when interpreting treaties, “[t]here shall be taken into account, together with the context … any relevant rules of...

By: Veronica Glick | April 16, 2014 |

On Saturday April 12, a compelling panel discussion identified and debated several complex and important issues focusing on sexual violence in armed conflict.  Jamille Bigio of the White House National Security Staff, moderated the panel which included Chris Dolan of the Refugee Law Project at Makerere University, Uganda, Olga Jurasz of the Open University, and Kimberly Theidon of Harvard University.

Jamille Bigio, in her introductory remarks, spoke of the significant obstacles to ensuring that survivors have access to...

By: Annecoos Wiersema | April 14, 2014 |

This was a fascinating panel, with speakers addressing questions related to the role of international law in facilitating efforts to “green the economy.” Moderater Elizabeth Dowdeswell began by offering a trajectory of international environmental law, presenting the concept of greening the economy as the current theme, naturally following on from sustainable development. Markus Gehring’s presentation described this as an exciting time in the history of the green economy, as lawyers begin to work on what this policy slogan might actually mean and how it can be implemented...

By: Laurisha Cotton | April 14, 2014 |

Known for his American philosophy of constitutional law, the late Ronald Dworkin recently allowed philosophers, scholars and lawyers access into his thoughts on international law through his posthumous article, “New Philosophy for International Law”. The article aroused the debate of the law being dependent on moral theory or through the courts? Jean Cohen (Columbia University), Liam Murphy (New York University School of Law) and Scott Shapiro (Yale Law School) gave criticism to Dworkin’s work.

Dworkin insists each state has a general obligation...

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By: Jennifer Daskal | April 14, 2014 |

A packed room of enthusiastic Lieber Society members celebrated the achievements of the past year and discussed plans for the future during the Society’s Annual Business Meeting.   Accomplishments of the year include the sponsorship of multiple events at Tillar house and elsewhere; the management and judging of four writing prizes; and the participation in two widely attended celebrations commemorating the 150 anniversary of the Lieber Code – one at the American Committee for the Red Cross headquarters in Washington, D.C., and the other at Columbia University in New York...

By: Tara Davenport | April 14, 2014 |

Twenty years have passed since the entry into force of the 1982 United Nations Convention on the Law of the Sea (UNCLOS) and the implementation of Part XV, which is one of the more sophisticated and ambitious dispute settlement mechanisms that the world has seen. It provided for compulsory procedures entailing binding decisions (CPBD) for any dispute over the interpretation or application of any provision of UNCLOS, and provided State Parties with an array of dispute settlement options ranging from the International Court of Justice (ICJ) to the International Tribunal...

By: Vijay Padmanabhan | April 14, 2014 |

On Friday, April 11 the ASIL Annual Meeting featured a debate on the question of whether international law permits States to provide weapons to rebel groups fighting against an oppressive regime.  Harold Koh and Claus Kress argued in favor of the proposition; Sean Murphy and Christine Chinkin argued against.

While the panel was advertised as a debate, it appeared that all four panelists agreed that the answer to the question was that provision of arms to rebel groups was permissible under certain circumstances.  All agreed that the relevant...