David Tolbert’s speech at Georgia Law, hosted by Dean Rusk International Law Center, and more in new issue of Georgia Journal of International and Comparative Law

A speech that noted human rights lawyer David Tolbert delivered here at the University of Georgia School of Law (right) is available in the just-released edition of the Georgia Journal of International & Comparative Law.

The law school’s Dean Rusk International Law Center was honored to host Tolbert last autumn. Currently Ford Fellow/Visiting Scholar at the Duke University Sanford School of Public Policy and immediate past president of the International Center for Transitional Justice, Tolbert has held many leadership positions at international institutions. His survey of the state of human rights, a highlight of our Center’s academic year, has been published as Quo Vadis: Where Does the Human Rights Movement Go from Here?

It is one of many stimulating publications in the newest issue of Volume 47, No. 2 of this nearly half-century-old student-edited journal. Other articles are (hyperlink connects to PDF download):

Two-Dimensional Hard-Soft Law Theory and the Advancement of Women’s and LGBTQ+ Rights Through Free Trade Agreements, by Raj Bhala, the Leo S. Brenneisen Distinguished Professor at the University of Kansas School of Law, and Cody N. Wood, an associate at Dentons LLP in Kansas City

Refugee Crisis in Germany and the Right to a Subsistence Minimum: Differences That Ought Not Be, by Dr. Ulrike Davy, Professor of Constitutional and Administrative Law, International and German Social Law, and Comparative Law at Bielefeld University, Germany, and Visiting Researcher, Faculty of Law, University of Johannesburg, South Africa

Democracy, Rule-of-Law, and Legal Ethics Education: Directing Lawyers to Support Democratization in Myanmar, by Dr. Jonathan Liljeblad, Senior Lecturer at the Australian National University College of Law, Canberra

The issue also includes the following notes, all by members of the just-graduated Georgia Law Class of 2019:

Off with Their Heads! How China’s Controversial Human Head-Transplant Procedure Exceeds the Parameters of International Ethical Standards in Human Experimentation, by Deena Agamy

Trading Places: With the United States in Retreat, Who Writes the International Rules for Trade?, by Austin C. Cohen

What Not to Wear: Religious Dress and Workplace Policies in Europe, by Sarah Lanier Flanders

Poland: Winds of Change in the Act on Windfarms, by Jacob T. McClendon

The entire issue is available here.

European Union, outer space, intercountry adoption, tequila and more in new issue of Georgia Journal of International and Comparative Law

Very pleased to announce that the Volume 47, No. 1, of the Georgia Journal of International & Comparative Law is now available in print and online.
This issue of the nearly half-century-old student-edited journal, published by the University of Georgia School of Law, includes the following articles (hyperlink connects to PDF download):

The Other Space Race: Some Law and Economics of Celestial Resource Appropriation, by Dr. Alexander W. Salter, Assistant Professor of Economics at the Rawls College of Business, and Comparative Economics Research Fellow at the Free Market Institute, both at Texas Tech University

Building Integration Through the Bill of Rights? The European Union at the Mirror, by Dr. Graziella Romeo, Assistant Professor of Constitutional Law, Department of Legal Studies, Bocconi University, Milan, Italy

The Challenges of Water Governance (and Privatization) in China; Normative Traps, Gaps, and Prospects, by Xu Qian, PhD candidate, Chinese University of Hong Kong, Faculty of Law

China’s Rule of Law from a Private International Law Perspective, by Dr. King Fung Tsang, Associate Professor, Chinese University of Hong Kong, Faculty of Law

Also included are the following student notes, all by members of the just-graduated Georgia Law Class of 2019:

Residential Requirements in the Intercountry Adoption Process: Protectionist Measure or Insurmountable Barrier?, by Morgan Renee Thomas

Regulating International Surrogacy Arrangements Within the United States: Is There a Conceivable Solution?, by Laura Rose Golden

Tacos, Tequila, and Tainted Alcohol? An Examination of the Tainted Alcohol Problem in Mexico and What It means for the American Tourist, by Tammy Le

Gulf Airline Subsidization: Should the European Union and the United States Collaborate to Combat this Alleged Threat?, by Savannah Harrison Moon

Mind Your Businesses: Why Georgia Companies Should Worry About European Privacy Law, by Emily Elizabeth Seaton

The full issue is available here.

Georgia Law Professor Cohen publishes at Just Security on “The National Security Delegation Conundrum”

“How much authority — how much room to make policy choices—can Congress delegate to the president and executive branch?”

So begins “The National Security Delegation Conundrum,” an analysis of the foreign relations jurisprudence of the U.S. Supreme Court, published at Just Security by Harlan Grant Cohen, Gabriel M. Wilner/UGA Foundation Professor in International Law and Faculty Co-Director of the Dean Rusk International Law Center here at the University of Georgia Law.

The focus of Cohen’s commentary is Gundy v. United States, a June 20 decision by a divided Court (4 supporting an opinion by Justice Elena Kagan and 3 an opinion by Justice Neil Gorsuch; Justice Samuel Alito concurred in the judgment). It declined to revive the nondelegation doctrine — but did so, Professor Cohen points out, in a way that raised further questions on how that doctrine applies to cases involving national security.

Instances in which these questions might be relevant have occurred frequently in the last couple years, Cohen wrote, on issues as varied as migration of peoples and trade in auto parts. After analyzing the issues at hand, Cohen concluded that Gundy did little to resolve them:

“What is clear though is that until a test or principle is found, the national security delegation conundrum will remain.”

The full Just Security analysis is here.

2019 Global Governance Summer School concludes with briefings at the International Court of Justice and the International Criminal Court

THE HAGUE – On this final day of the 2019 Global Governance Summer School, students visited two preeminent international tribunals — the International Court of Justice and the International Criminal Court — for high level briefings. They were also treated to a visit from Dr. Kaitlin Ball (JD ’14), a Georgia Law alumna who recently finished a PhD at Cambridge and is living in Europe.

The group started the day at the International Court of Justice (ICJ) for an audience with Hendrik Denys, law clerk to the Honorable Joan Donoghue, the American judge on the International Court of Justice. Mr. Denys, an alumnus of our partner school, KU Leuven, spoke with students about the history of the Peace Palace, the structure and procedure of the Court, and several representative decisions of the ICJ’s jurisprudence. He also provided advice for preparing a career in international law.

In the afternoon, the group visited the International Criminal Court (ICC), located on the dunes near The Hague’s North Sea coast. Student first had a meeting with Prosecutor Fatou Bensouda, for whom our summer school’s co-director, Georgia Law Professor Diane Marie Amann, serves as Special Adviser on Children in & affected by Armed Conflict. Bensouda described her own path to practicing international criminal law. While acknowledging the barriers to achieving justice, she expressed the urgency of continuing the effort, on behalf of global society as well as the victims of international crimes.

The second audience at the ICC was with the Honorable Kimberly Prost of Canada, who serves as a Judge in the Trial Division. Judge Prost discussed the history of the Court and the many of the challenges facing it. She also emphasized the important concept of complementarity in regards to the ICC’s relationship to national courts.

Students also had the opportunity to view the confirmation of charges against Al Hassan, who is suspected of war crimes and crimes against humanity allegedly committed in 2012 and 2013 in Timbuktu, Mali. During the portion of the hearing that time permitted the group to observe, students heard from one of the Legal Representatives of the Victims, who emphasized the impact of the alleged crimes.

All in all, it was a great day, a successful trip, and we look forward to returning next year!

Global Governance Summer School visits the Hague Conference on Private International Law & museum

THE HAGUE — Students spent their second day in The Hague engaged in a mix of legal and cultural excursions.

Students spent the morning meeting with lawyers from the Hague Conference on Private International Law. There, they were treated to an overview of the world organization responsible for cross-border cooperation in civil and commercial matters. Students met with Laura Martinez-Mora, Secretary of the Permanent Bureau, and Frédéric Breger, Legal Officer (left). They provided an introduction to the history and structure of the HCCH, and provided a detailed overview of some of its many conventions, which cover topics including: family law matters such as child abduction, intercountry adoption, child protection, and maintenance obligations; forum selection as other procedural issues such as choice of court, taking evidence abroad, service abroad, and apostille. Finally, they touched upon the newly concluded Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters, which Dean Peter B. “Bo” Rutledge, raised during his session on international dispute resolution in Leuven last week. Students were interested to hear about the treaty-making process, as well as the aspects of the treaties, particularly those covering family law, that reinforced human rights treaties, such as the Convention on the Rights of the Child.

From left, Ayman Tartir, Steven Miller, Gamble Baffert, Charles Wells, Emily Snow, Holly Stephens, Lauren Taylor, Briana Blakely, Jessica Parker, and Kathleen Doty.

 

In the afternoon, the group visited Escher in Het Paleis, the museum dedicated to M.C. Escher, set in Queen Emma’s winter palace. There, students took in masterpieces, and thoroughly enjoyed the interactive top floor of the museum. Everyone’s inner child came out to play!

Tomorrow, students will visit the International Court of Justice and the International Criminal Court before concluding the 2019 Global Governance Summer School.

 

Global Governance Summer School: after travel day and World Cup match, Special Tribunal for Lebanon kicks off The Hague briefings

From left, Gamble Baffert, Charles Wells, Lauren Taylor, Emily Snow, Emily Doumar, Leila Knox, Amanda Shaw, Alicia Millspaugh, Briana Blakely, Jessica Parker, Steven Miller, Ayman Tartir

LEUVEN & THE HAGUE — Yesterday, Georgia Law students participating in the Global Governance Summer School left Leuven, Belgium, where they had been in residence for classroom sessions and professional development opportunities. They traveled by train to The Hague, Netherlands, and arrived just in time to watch the U.S. – Netherlands Women’s World Cup match. What a place to watch!

From left, Emily Doumar, Jessica Parker, Briana Blakely, Lauren Taylor, Kathleen Doty, Charles Wells, Emily Snow, Gamble Baffert, Holly Stephens, Leila Knox, Steven Miller, Alicia Millspaugh, Ayman Tartir, Amanda Shaw.

Students spent this morning in briefings at the Special Tribunal for Lebanon. Established in 2009, the STL’s mandate is to hold trials for the people accused of carrying out the February 14, 2005 attack in Beirut that killed the former prime minister, Rafik Hariri, and twenty-two others.

Representatives from all four of the court organs presented to the students. They included: Romy Batrouny, Assistant Legal Officer in Chambers, who gave an overview of the tribunal’s history, mandate, and structure and an introduction to the work of lawyers in Chambers; Edel Regan, Associate Legal Officer with the Registry Legal Office, who explained the various legal issues encountered in the administration of the court, ranging from immunities to the protection of victims and witnesses to procurement; Matthias Neuner, Trial Counsel in the Office of the Prosecutor, who challenged students to think about the purpose of international criminal tribunals and the development of the law in the fight against impunity for terrorism; anPaula Lynch, Associate Legal Officer in the tribunal’s Defence Office, who discussed the unique position of defense counsel in the STL structure, and the challenges of representing the defendants in absentia.

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From left, Lauren Taylor, Briana Blakely, and Jessica Parker.

In the afternoon, students enjoyed a cultural excursion to the Mauritshuis museum, home to masterpieces from Dutch and Flemish artists, including Vermeer’s Girl with a Pearl Earring, Rembrandt’s The Anatomy Lesson of Dr. Nicoleas Tulp, and Potter’s The Bull.

Tomorrow, the group will continue with a briefing at the Hague Conference on Private International Law where they will learn about the operation of private law in the global arena.

Georgia Law Professor Christopher Bruner speaks at London conference on technology and corporate governance


Christopher Bruner, the Stembler Family Distinguished Professor in Business Law here at the University of Georgia School of Law, presented his scholarship at a conference on “The Future of the Firm” held last Friday in London.

Professor Bruner’s presentation was entitled “Distributed Ledgers, Artificial Intelligence, and the Purpose of the Corporation.”

Among the other speakers were scholars from the University of Oxford, University of Cambridge, University College London, and Loyola Law School-Los Angeles.

The event was hosted by the University College London, Faculty of Laws. Co-sponsors included the University of Cambridge Centre for Corporate and Commercial Law, as well as the Brussels-based European Corporate Governance Institute, of which Professor Bruner is an Academic Member.