ASIL Cables

By: Michael D. Cooper | April 11, 2015 |

Mention refugee law or displaced persons to any lawyer vaguely familiar with the field, and several names come quickly to her mind—Jim Hathaway (our moderator), Guy Gallo, Walter Kälin, and a small handful of others. Going forward, I suggest you watch for a few other names that may soon make the short list: Tendayi Achiume, Jill Goldenziel​, Matthew Gillett, and Nema Milaninia. Earlier today, these refreshing “new voices” challenged ASIL members with some cutting edge scholarship in the field of refugee law and forced displacement.

Through their...

By: Christina Skinner | April 11, 2015 |

On April 9, the panel on “Public Morals and Policy Space after the WTO’s Seal Products Case” provided a number of interesting insights into the Appellate Body decision in that case.  Joanna Langille (NYU School of Law) served as the moderator for the panel.  She began the discussion with an overview of the facts of the dispute.  The case involved a challenge to the 2009 EU ban on the import of seal products.  The ban had been justified on animal welfare grounds—as Ms. Langille described it, what appeared to be a non-instrumental moral reason.  Canada and Norway...

By: Elizabeth Andersen | April 11, 2015 |

 

Always a highlight of the ASIL Annual Meeting, the Women in International Law Interest Group Luncheon once again offered up a rich mix of fellowship, food for thought, and fun.  The event featured remarks by Anne-Marie Slaughter, President and CEO of the New America Foundation and the 2015 recipient of the "Prominent Women in International Law Award," who pitched a "people-centered international law."  "People-centered" is what WILIG is all about, and this year's luncheon—sponsored by the Center for International Governance Innovation International Law Research...

By: Andrea Harrison | April 10, 2015 |

Aolain discussed the idea that the focus on end points tends to be a distraction, when the real focus should be on the complexities and changes during the conflict.  She was particularly concerned by the inability of current legal frameworks to adapt to the constant changes that occur as a conflict continues, and especially how it takes attention off the evolving interaction between law of armed conflict (LOAC) and ordinary domestic law. 

Pearlstein discussed how international law is designed to distinguish between war and not war and the policy...

By: Kristina Alayan | April 10, 2015 |

 

Organized by the Cultural Heritage and the Arts Interest Group, and co-sponsored by the Intellectual Property Law and International Legal Research Interest Groups, this panel of experts provided fascinating insight into ongoing cases and developments in the art law world.  Irina Tarsis with the Center for Art Law moderated the session.  She explained that as the analogous session at a previous ASIL conference focused on cultural heritage, this year’s session would focus on art.  She highlighted a number of ongoing issues covered by the media ranging from Belgium...

By: Kristina Alayan | April 10, 2015 |

Rachelle Adam from Hebrew University moderated a lively dialogue between the four panelists.  The program began with two intense video clips: Last Days by Kathryn Bigelow, which highlights the relationship between the illegal trade of ivory and terrorist groups, and Battle for the Elephants, a PBS program, which describes the struggle to save elephants from poaching despite the ongoing demand for ivory. 

The videos set the tone for the provocative session in which each panelist provided unique insight on the extent to which international...

By: Veronica Glick | April 10, 2015 |

On Thursday afternoon, the ASIL Annual Meeting featured a screening of the documentary “The Agreement,” directed by Karen Stokkendal Poulsen, followed by a panel discussion moderated by Veronika Fikfak of the University of Cambridge.

“The Agreement” captures the first meeting between representatives from Serbia and Kosovo in 2011 since Kosovo’s declaration of independence three years earlier.   It is a unique insight into a negotiation process that allowed cameras into the room.  The film encapsulates both underlying tensions between the parties as well as amusing...

By: Andrew Blandford | April 10, 2015 |

Professor William Schabas, an expert on the International Criminal Court (“ICC”), began the discussion by laying out the potential consequences of Palestine’s recent accession to the Rome Statute:

First, he noted that two non-State Parties to the treaty (Israel and the United States) and one State Party (Canada) had questioned whether Palestine qualified as a State.  In Professor Schabas’s view, the ICC’s Pre-Trial Chamber would likely address Palestine’s statehood if a criminal defendant raised such a challenge.  Second, Professor Schabas noted that the ICC’s...
By: R. Carter Parét | April 10, 2015 |

Given the slew of recent attacks across the globe linked to Fundamentalist Extremism, from Kenya to Paris, from Nigeria to Lahore, this timely panel discussed those on the front lines countering violent extremism, the shifting US paradigm from military engagement to civilian law enforcement, and British issues facing the civilian law enforcement paradigm. Stephanie Farrior of Vermont Law School and a Visiting Fellow at Oxford moderated this highly attended panel.

Karima Bennoune, University of California-Davis School of...

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

To a packed room, five experts eloquently discussed the complicated concept of complicity liability across fields of international law.  Jaya Ramji-Nogales of Temple University Beasley School of Law moderated this fascinating panel.

Beth Van Schaack, Santa Clara Law School and Former-Deputy to the U.S. Ambassador-at-Large for War Crimes Issues, opened the discussion by discussing complicity in international criminal law.  The concept of complicity was not first defined in the ICTY, but was litigated by the parties based on customary...