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!

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.

Belgium portion of the Global Governance Summer School concludes with an array of international law topics

LEUVEN – Today marks the final day of classroom sessions of the Georgia Law – Leuven Global Governance School, and the final day students will be resident in Leuven. Students took part in three sessions, which focused on business and human rights, international security governance, and concluded with an overview of challenges to international law and global governance.

First, Dr. Axel Marx (left), Deputy Director of the Leuven Centre for Global Governance Studies, presented on business and human rights. After examining several case studies in which corporate activities adversely affected human rights, participants learned how supply chain and corporate governance structures can affect a business’ ability to manage human rights. Dr. Marx introduced key global governance instruments, such as the United Nations Guiding Principles on Business and Human Rights, that can be used to hold states and corporations accountable for human rights violations.

IMG_6489Second, Kathleen Doty (right), Director of the Dean Rusk International Law Center at University of Georgia School of Law, led an interactive session on global security governance. Professor Doty introduced students to global security governance, including international humanitarian law and arms control law. She explained the development of this body of law, focusing on arms control agreements, and introduced several major regimes and their common features. The students then participated in an exercise; faced with a global security crisis, students were tasked with addressing it via treaty negotiation, illustrating the difficulty of international cooperation.

img_6512.jpgThe final session of the day provided an overview of international perspectives on and challenges to global governance, conducted by Professor Dr. Jan Wouters (left), Director of the Leuven Center for Global Governance Studies and the Co-Director of the Global Governance Summer School. Professor Wouters explained the history of globalization and the increase of economic, environmental, and human interdependence. He then explored challenges to the international system, such as anti-globalism, nationalism, and populism.

Student Ayman Tartir receives his diploma from Axel Marx.

Closing out a successful week of studies, students and faculty gathered at the Leuven Institute for Ireland in Europe for a concluding reception. Axel Marx and Kathleen Doty presented participants with attestations of completion.

Tomorrow, students from the University of Georgia School of Law will travel to The Hague, where they will visit international tribunals and organizations.

Georgia Law trio pens Daily Report commentary on ECJ arbitration ruling

Peter B. “Bo” Rutledge, Dean and Herman E. Talmadge Chair of Law here at the University of Georgia School of Law, has co-authored, with 3L Katherine M. Larsen and Amanda W. Newton (JD’19), a commentary on a recent decision related to international arbitration.

Entitled “European Decision Could Have Killed Investment Treaties, Affecting Arbitration and Investments,” the commentary appeared at The Daily Report on June 28.

It discusses the content and the implications of Achmea v. Slovakia, a May 2018 decision in which the European Court of Justice ruled a clause in a bilateral investment treaty to be incompatible with European law. Both that decisions and subsequent interpretation of it in European and US courts, the authors state, leaves “more questions than answers at this point.” (Also see prior post.)