“London had fallen”: Brexit reflections from a Georgia Law Global Extern

It’s our pleasure today to publish this post by Shirley Kathryn Griffis (below right), a member of the Georgia Law Class of 2017. Katie, as she’s known, spent Spring 2016 as  in our study abroad at Oxford University, and then began her second summer as a Global Externship Overseas in the London law firm Maples Teesdale. Reflecting on last week’s “Brexit” vote, Katie writes:

KatieThe first thing I thought on Friday morning was, “this can’t have happened.” It was a sentiment shared by almost all of my colleagues at Maples Teesdale’s London office, where I am spending my summer Global Externship Overseas. Together, we spent Friday morning pulling up articles, dusting off our United Kingdom constitutional law practice guides, and sharing legal theories on how the Brexit vote might be undone. It seemed that through the 51.9% to 48.1% vote to leave the European Union, London had fallen.

And we were in denial:

“The referendum is not legally binding.”

“Parliament can override.”

“Scotland won’t accept this. They can block it.”

“Cameron didn’t invoke Article 50, there’s still a chance.”

“Did you see the petition for the second referendum? Three million signatures! This won’t stand.”

The mood in London quickly turned from denial to anger when Prime Minister David Cameron announced that the results of the referendum must be respected, and the members of Parliament largely agreed. I chimed in with other voices from London on social media, asking how this could have happened. The feeling in London is that there is so much to be angry about that it is hard to know where to start, and whom to blame. Londoners started circulating a secessionist petition, there was a rally in Trafalgar Square to show solidarity with Europe, and everyone is talking about immigrating to Ireland.

London has a long way to go before accepting the reality of Brexit. The financial markets are reeling. The pound has plummeted, hitting a 31-year low in just four hours, and four major companies—Prudential Insurance, HSBC, BT and Royal Bank of Scotland—announced they were considering major staffing changes to include relocation or mass downsizing. As the financial capital of the United Kingdom, most major businesses in London have structured themselves to operate in accordance with European Union law and procedure. It is for this reason that London’s “stay” vote was 70% in favor—the European Union is vital to the survival of London’s economy.

FlagsThis is my second summer working for Maples Teesdale in London. I have always envisioned myself returning to London to practice after I graduate from the University of Georgia School of Law, but I worry now about whether that will be a possibility. It’s still uncertain what jobs, even industries, are safe, and how long the current financial crash will continue. I stand by my colleagues here in London, hoping that no matter how far London falls, it won’t take long at all to get back up and carry on.

Dean Rusk and the dissent channel

March 18, 1967. Afternoon. Secretary of State Dean Rusk conducts a briefing on Vietnam for state governors in the Fish Room of the White House.

At the White House, with President Lyndon B. Johnson in attendance, US Secretary of State Dean Rusk briefs US governors on the US-Vietnam War. The briefing took place March 18, 1967, not long before Rusk set up a “dissent channel” for State Department diplomats frustrated by US foreign policy. (photo credit)

In my current role as leader of the 38-year-old Dean Rusk International Law Center at the University of Georgia School of Law, I tend to take a close look at any reference to our Center’s namesake, Dean Rusk, who served as the only Secretary of State to Presidents John F. Kennedy and Lyndon B. Johnson.

And so it is with the US diplomatic topic du mois, the “dissent channel” at the Department of State.

This channel is much in the news these days, on account of a Page 1 New York Times story leaking a dissent-channel letter by 51 diplomats at State who want more use of force in Syria than President Barack Obama to date has authorized. (Worth-reading questions about the “leak” here.) And then there was yesterday’s Times story by Ellen Barry, about a dissent-channel “Blood Letter” that forestalled career advancement for the eponymous letter-writing diplomat.

Quite a surprise, amid all this, to read this explanation of the dissent channel, in a transcript of the June 17 Daily Press Briefing by a State Department spokesperson:

“This procedure, this vehicle has been in place since Secretary of State Dean Rusk was in office in 1971.”

Why a surprise? Because by 1971, Rusk was regaling Georgia Law students as the revered Sibley Professor of International Law.

At the briefing, an unnamed reporter took immediate issue with the spokesperson’s account:

QUESTION: And just – can we be clear about when it actually began? Because Rusk, I think, was gone by ’69 when the Nixon Administration came in. So I don’t think he was Secretary of State in 1971, but I could certainly be mistaken.

[ANSWER]: I think it was 1971 and —

QUESTION: Okay.

[ANSWER]: — my reading of the history said that Rusk had something to do with it. But I’m not going to quibble with you —

QUESTION: No, no.

[ANSWER]: — over the history of the program.

Uncharacteristic of these kind of transcripts, the spokesperson’s assertion is supported by a footnote [1]. It says only “William P. Rogers.” That’s the name of the man who became Secretary of State in 1969, after Rusk left government service for the last time. But a quick look at Rusk’s bio on the Department’s site would have confirmed the premise of the reporter’s question.

So what’s right, and wrong?

On the small point of timing, the spokesperson is wrong. But on the larger point of establishing a channel for dissent, unique among the world’s diplomatic services, the account is spot on. To quote a memorial published the year that Rusk died, in the Department’s own publication, Dispatch:

Dean Rusk left his mark not only on the nation and the world, but also on the Department of State as an institution. At a time of tremendous domestic social change, he encouraged minorities and women to enter the Foreign Service. He established the Dissent Channel and the Open Forum to give members of the Department alternative ways to make their foreign policy views known.

ICC Office of Prosecutor invites public comment on draft Policy on Children

draftpolicyIt is my great honor to note today’s release for public comment of the draft Policy on Children of the International Criminal Court Office of the Prosecutor.

Since my December 2012 appointment as Prosecutor Fatou Bensouda’s Special Adviser on Children in and affected by Armed Conflict, I’ve had the privilege of helping to convene consultations and taking part in the construction of this draft Policy. As part of that process, as noted on page 11 of the draft, we at the Dean Rusk International Law Center, University of Georgia School of Law, were honored in October 2014 to host the Prosecutor, members of her staff, and nearly 2 dozen other experts from academic, nongovernmental groups, and intergovernmental organizations. Our “Children & International Criminal Justice” conference featured a morning public plenary and Prosecutor’s keynote (pictured below), followed by an afternoon of closed-door breakout sessions. (Proceedings from that event, to appear in our Georgia Journal of International & Comparative Law, are nearing publication.)

Addressed in the draft Policy, which spans 37 pages, are:

► Overarching concerns, such as the nature of a child and childhood, the experiences of children in armed conflict and other contexts within the jurisdiction of the ICC, and how the Rome Statute of the ICC and other documents treat crimes against and affecting children; and

► Practical concerns, such as how the Office of the Prosecutor engages with children, in all aspects of its work, including preliminary examination, investigation, charging, prosecution, sentencing, reparations, and external relations.

As stated in the press release accompanying today’s publication:

In highlighting the importance of the Policy, Prosecutor Bensouda stated: “when I assumed 8_events2the role of Prosecutor in June 2012, one of the principal goals I set for the Office was to ensure that we pay particular attention not only to ‘children with arms’, but also ‘children affected by arms.’ This Policy demonstrates our firm commitment to closing the impunity gap for crimes against or affecting children, and adopting a child-sensitive approach in all aspects of our work bearing in mind their rights and best interests. It is also our hope that the Policy, once adopted, will serve as a useful guide to national authorities in their efforts to address crimes against children.”

The Office welcomes public comment on the draft. Such comments should be e-mailed to OTPLegalAdvisorySection@icc-cpi.int, no later than Friday, August 5, 2016.

Following revisions based on the comments, the Office of the Prosecutor expects to publish the final Policy on Children in November of this year.

(Cross-posted from Diane Marie Amann)

My family history & path to the bench

It is an honor today to publish this post by our distinguished alumna, the Honorable Carla Wong McMillian, Judge on the Georgia Court of Appeals since 2013. Born in Augusta, Georgia, she earned her Georgia Law J.D. degree summa cum laude in 1998. She is the first Asian Pacific American state appellate judge ever to be appointed in the Southeast, and, since 2014,  the first Asian American to be elected to a statewide office in Georgia. Judge McMillian also serves as President-Elect of the Georgia Asian Pacific American Bar Association (GAPABA). Reflecting on these achievements in this essay, which we reprint courtesy of and with thanks to the Georgia Asian American Times, she writes:

Carla McMillianI am proud to be an American. I am equally as proud of my Asian American heritage.

I grew up in Augusta, Georgia, where the Chinese community has had a long history. The Chinese first immigrated to the city in 1872 to help build an extension of the Augusta Canal. These Chinese men — and it was all men in those days – began sending for their wives and children, and word spread that Augusta was a good place to immigrate and to make a new life.

My father’s parents were some of those who heard from others in their villages in southern China about Augusta. They originally immigrated to San Francisco, but moved to Georgia in the 1910’s and opened a small grocery store. In those days, if you were Chinese, you had two options to make a living in the South — open a laundry or a grocery store. My father was the youngest of six children and was born in the back room of that store where the family lived.

I am sure that my grandparents never dreamed that they would have a granddaughter who is a lawyer much less a judge. And although they did not know the language or the culture, they instilled in their children a love of this country and a service mindset. I am proud that my father and uncle are veterans who did their part to protect our freedom and way of life.

That’s my father’s side of the family – the Wongs from Augusta. But I also want to talk about my mother, who emigrated from Hong Kong to marry my dad. As a result, Chinese was my first language – that is what we primarily spoke at home before my siblings and I went to school.

One of my most distinct memories as a child was going into a courtroom and watching my mother be naturalized as an American citizen. I can remember my sister and me in our best dresses, standing with my father and watching my mother take her oath of allegiance to the United States. That was a proud day for my mother and for the rest of my family.

Growing up in an Asian American family in the Deep South, there just were not too many people outside of my family who looked like me, spoke like me, or ate the same kinds of foods at home. It used to be when I was a teenager that I wanted to cover up all of those differences and blend in. But as I have grown older, I have learned to embrace those differences because that is what makes our country so great.

I want to share with you that I never aspired to be a judge. I practiced for many years with a law firm in Atlanta where I expected to be for my entire career. But some judicial positions came open in my local jurisdiction. I almost did not apply. I was comfortable with my law practice and frankly I knew that even if I got the appointment, I would then have to run for election to keep my seat. I was fearful about facing the rigors of campaigning each election cycle. So after about a week of soul-searching, I had all but decided not to apply.

But I changed my mind one night as I was looking at my young children. I thought about what I wanted to tell them twenty years from now, about seizing opportunities and about doing what I could to serve the community where they will be growing up. So I applied for the judgeship and was appointed initially to the trial court and later to the Court of Appeals.

As a judge, I have taken an oath to uphold the Constitution. The Constitution ensures that we are a nation of laws, but it begins with the simple words, “We, the people.” Therefore, we must remember that key to the concept that we are a nation of laws is the notion of equality — the belief that “all men are created equal.” No one is above the law, and no one is so low that they cannot avail themselves of the law’s protection.

We must always remind our children that the rights and privileges guaranteed by the Constitution are there for us all. Without them, I would not be in the position that I am in today. The Constitution gives everyone an opportunity to fulfill their potential, even for someone like me who came from a family of immigrants because by protecting the rights that the Declaration of Independence declares to be God-given, the Constitution provides each of us the freedom and opportunity to pursue our own destiny. I am honored to serve as the first Asian American on our Court of Appeals and as the first Asian American to be elected to statewide office in Georgia.

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Toward “a world founded upon four essential human freedoms”

Recalling President Roosevelt’s call to make the world secure so that everyone may enjoy “the four essential human freedoms,” we at the Dean Rusk International Law Center, University of Georgia School of Law, republish this Georgia Law message.

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International law alive and well in Atlanta

Last week was a busy one for international law in Atlanta.

On Thursday evening, the Young Arbitrators Group for the Atlanta International Arbitration Society (AtlAS) and the International Chamber of Commerce Young Arbitrators Forum (ICC YAF) presented an excellent event on international law practice in Atlanta. As announced, it featured four attorneys serving as in-house counsel at major corporations, including:

  • Gary Bunce, Assistant General Counsel, Delta Airlines
  • Carolyn Dinberg, VP and Associate General Counsel, InterContinental Hotels Group
  • Eugenia Milinelli, Counsel, JAS Freight Forwarding
  • Nicole Levy, Executive Director and Senior Legal Counsel, AT&TKing and Spalding

Attended by many young members of AtlAS, ICC YAF, and the broader Atlanta legal community, the evening presented an interesting conversation about the use of international arbitration by large corporations, and provided insight into the career tracks of the panelists. The panelists offered advice to young attorneys, such as the importance of acquiring language skills, and the reception afterwards at the office of King & Spalding provided a valuable networking opportunity.

Then, on Friday morning, the World Affairs Council of Atlanta hosted a breakfast with Ambassador Charles Rivkin, who currently serves as the Assistant Secretary of State for Economic and Business Affairs. Amb RivkinAmbassador Rivkin spoke about the Trans-Pacific Partnership Agreement (TPP) that was signed on February 4, 2016 in New Zealand, but has yet to be approved by Congress. Ambassador Rivkin stressed the ways the TPP would benefit Atlanta businesses, in particular those exporters of: transportation equipment; non-electrical machinery; computer and electronic products; chemicals; processed foods; electrical equipment, appliances and components; the agricultural sector generally. He further stressed that the the TPP is unique and good for U.S. businesses because it sets rules for state-owned enterprises, has a chapter dedicated to small and medium sized businesses, and addresses intellectual property and data flow, labor standards, and the environment. His remarks inspired a lively conversation with the audience, who represented a cross-section of the Atlanta business community.

Young Arbitrators Event in Atlanta

atlas-logoThe Young Arbitrators Group for the Atlanta International Arbitration 1526304_10152174822329940_1562069949_nSociety (AtlAS) and the International Chamber of Commerce Young Arbitrators Forum (ICC YAF) will present a cocktail reception and speakers panel tomorrow, June 2, 2016 from 5:30 – 7:00 p.m.

10268504_10152606953834696_6959801446290693027_nHosted by the Atlanta office of King & Spalding, the event will focus on international law issues faced by Atlanta’s global companies, and will highlight how many attorneys around the city handle international law and trans-border issues on a day to day basis.

The panel will be moderated by Jorge Fernandez, the Global Commerce Manager for the Metro Atlanta Chamber, and will also include:

  • Gary Bunce, Assistant General Counsel, Delta Airlines
  • Carolyn Dinberg, VP and Associate General Counsel, InterContinental Hotels Group
  • Eugenia Milinelli, Counsel, JAS Freight Forwarding
  • Nicole Levy, Executive Director and Senior Legal Counsel, AT&T

Students and professionals alike are welcome to attend what promises to be an interesting panel and excellent networking opportunity. RSVP is requested to gharrah@kslaw.com.