Georgia Law Professors Durkee, Cohen, and Amann present at annual ASIL Midyear Meeting and Research Forum

Last weekend marked the annual Midyear Meeting and Research Forum of the American Society of International Law, held online because of the ongoing pandemic. This year as in the past, University of Georgia School of Law faculty played key roles. They are:

► Melissa J. “MJ” Durkee, the Allen Post Professor at Georgia Law. She participated in meetings of two key ASIL entities; that is, the Executive Council, on which she is serving a 3-year term, and the Board of Editors of the American Journal of International Law, at whose meeting she presented on behalf of the publication’s online platform, AJIL Unbound, for which she serves as Supervising Editor. Additionally, during the Midyear Meeting’s Research Forum, Durkee gave a presentation on the topic of “Interpretive Entrepreneurs,” at a panel entitled “International Law in Theory.”

Harlan G. Cohen, the Gabriel M. Wilner/UGA Foundation Professor in International Law and Faculty Co-Director of our Dean Rusk International Law Center. Also a member of the Board of Editors of the American Journal of International Law, Cohen gave a report at that board’s meeting on “International Decisions,” the AJIL section for which he has served as Editor. He also helped organize a keynote panel on “Multilateralism & International Institutions,” part of ASIL’s International Law and the 2020 Election Series.

Diane Marie Amann, the Emily & Ernest Woodruff Chair in International Law and our Center’s other Faculty Co-Director. She continued a second term as an ASIL Counsellor. As part of a Research Forum panel entitled “Historic Roots of International Law,” Amann presented her work in progress, “Intersectional Sovereignties: Dr. Aline Chalufour, Woman at Nuremberg – and at Paris, Ottawa, and Dalat.”

Georgia Law is an Academic Partner of ASIL, for more than a century the United States’ premier learned society in international law.

Georgia Law, ASIL to cosponsor conference on legal responsibility of corporations and nation-states

  • When private companies perform governmental functions and governments own companies, which acts should be attributed to the state?
  • Which should be attributed to the corporation?
  • And whose religious beliefs, speech rights, and moral standing can those entities claim?

These questions and more will be explored in The Law and Logics of Attribution: Constructing the Identity and Responsibility of States and Firms, a 2-day online conference that our Dean Rusk International Law Center, University of Georgia School of Law, will cohost next month.

Melissa “MJ” Durkee, Allen Post Professor at Georgia Law, is leading the event, which will bring together a multinational group of scholars in law and social sciences. It’s cosponsored by the American Society of International Law and ASIL’s Interest Group on International Legal Theory. Durkee serves as Vice Chair of that interest group; Chair is her Georgia Law colleague Harlan G. Cohen, Gabriel M. Wilner/UGA Foundation Professor in International Law and Faculty Co-Director of our Center. Registration is available here.

Scheduled to speak at the conference, which will take place 1-5 p.m. Friday, September 11, and Friday, September 18:

Olabisi Akinkugbe, Assistant Professor, Schulich School of Law, Dalhousie University, Canada

William C. Banks, Board of Advisors Distinguished Professor, Syracuse University College of Law, New York

Joshua Barkan, Associate Professor, Department of Geography, University of Georgia

Kristen Boon, Miriam T. Rooney Professor of Law, Seton Hall School of Law, New Jersey

Rachel Brewster, Jeffrey and Bettysue Hughes Professor of Law, Duke Law School, North Carolina

David Ciepley, Fellow, Center for Advanced Study in the Behavioral Sciences, Stanford University, California

Laura Dickinson, Oswald Symister Colclough Research Professor of Law, George Washington School of Law, District of Columbia

Melissa “MJ” Durkee, Allen Post Professor, University of Georgia School of Law

Benjamin Edwards, Associate Professor of Law, William S. Boyd School of Law, University of Nevada, Las Vegas

James Gathii, Wing-Tat Lee Chair in International law, Loyola University Chicago School of Law, Illinois

Sarah Haan, Associate Professor of Law, Washington and Lee School of Law, Virginia

Catherine Hardee, Associate Professor of Law, California Western School of Law

Doreen Lustig, Associate Professor, Tel Aviv University, Buchmann Faculty of Law, Israel

Kish Parella, Associate Professor of Law, Washington and Lee University School of Law, Virginia

Dalia Palombo, Senior Research Fellow, Institute for Business Ethics, University of St. Gallen, Switzerland

Mikko Rajavuori, Academy of Finland Post-Doctoral Fellow, University of Eastern Finland Law School

Ingrid Wuerth, Helen Strong Curry Chair in International Law, Vanderbilt School of Law, Tennessee

 

They’ll be examining aspects of the conference’s concept note:

“In international law, scholars and practitioners struggle to attribute rights and responsibilities between state and private entities in areas as diverse as military contracting, environmental accountability, human rights, international investment, and cyber espionage and warfare. In the corporate governance realm, attributing responsibility to entities is increasingly challenging in the context of globally dispersed corporate families with intricate parent-subsidiary structures; identity attribution has also produced headlining debates.

“While attribution questions fuel important conversations in both corporate and international law, the two literatures are not often in conversation. Questions of attribution in both domains nevertheless are becoming more complex and urgent, and the fields increasingly intersect: In some areas of law, attribution doctrines must determine the dividing line between states and firms. Doctrines of attribution construct the public domain, and thereby also the private. Attribution questions in both domains reinvigorate classic inquiries about the nature of a corporation, the relationship between private entities and the state, and the proper function of the law in mediating between the two.

“This conference will draw together corporate and international legal scholars, as well as thinkers outside the law, in order to cross-pollinate these two fields and the questions at their intersection, and to unearth promising theoretical tools. It will consider theoretical and doctrinal approaches to attribution, potential consequences of these approaches, and whether they may reconcile the ambiguities and deficiencies that drive current debates. The project aims to offer a new point of entry to enduring theoretical and doctrinal questions about the nature of corporations, of states, and of the relationship between them. It is particularly relevant at a time where corporations are ‘jurisdictionally ambiguous and spatially diffuse,’ states are deferential, dependent or outflanked, and multilateralism is at an ebb.”

Full details, including registration for this online event, are available here.

Georgia Law faculty present and comment on international law papers at annual ASIL Southeast workshop

University of Georgia School of Law faculty were well represented at the  annual American Society of International Law Southeast scholarly workshop, held this year at Washington & Lee University School of Law in Lexington, Virginia.

Kathleen A. Doty, Director of the law school’s Dean Rusk International Law Center (above, 2d from left), presented on the Women, Peace and Security (WPS) initiative established by the UN Security Council. Commenting on her paper, entitled “Rethinking the WPS Agenda in Light of International Relations Studies of Women in Conflict,” was Washington & Lee Law Professor Mark Drumbl.

Serving as commentators during the daylong workshop were 2 additional Georgia Law faculty: Professor Melissa J. Durkee, J. Alton Hosch Associate Professor of Law (above right), was the discussant for “The Corporate Keepers of International Law” by William & Mary Law Professor Jay Butler; and Christopher Bruner (above, 2d from right), Stembler Family Distinguished Professor in Business Law, commented on “The Pendulum of International Financial Regulation” by George Mason Law Professor Paolo Saguato.

Georgia Law student Hanna Karimipour elected to International Law Students Association board

Congratulations to Hanna Karimipour, member of the Georgia Law Class of 2020, who has just been elected to serve during her 3L year as a worldwide Student Director of the International Law Students Association.

Devotion to international law has been a hallmark of Hanna’s career here at the University of Georgia School of Law. In spring 2018, the law school’s Dean Rusk International Law Center awarded her a Louis B. Sohn Professional Development Fellowship to volunteer at the annual meeting of the American Society of International Law in Washington, D.C.; that summer, she took part in our Global Governance Summer School and externed at the nongovernmental organization No Peace Without Justice in Brussels, Belgium. During the academic year, she competed on Georgia Law’s Philip C. Jessup International Moot Court team, was a student in a special minicourse on Executive Branch Lawyering, and served as President of the International Law Society, Georgia Law’s ILSA chapter. She soon will begin a position as a Summer Associate at a law firm in Tallahassee, Florida.

Hanna’s election to this position follows a long-standing Georgia Law tradition. Previous worldwide ILSA student officers have included Chanel Chauvet (JD’18), who this fall will begin LLM studies in International Humanitarian Law at the Geneva Academy of International Humanitarian Law and Human Rights in Switzerland; Kaitlin Ball (JD’14), who this year earned her PhD in the Department of Politics & International Studies at the University of Cambridge, England; Stephany Sherriff (JD’15), Legal Advisor and Agency Policy Chairwoman at Georgia Vocational Rehabilitation Agency in Atlanta; and another Atlanta attorney, Richard Alembik (JD’91).

Georgia Law scholars head to D.C. for this week’s American Society of International Law Annual Meeting

The University of Georgia School of Law and its Dean Rusk International Law Center will be well-represented at the Annual Meeting of the American Society of International Law, to be held March 27-30 at the Washington Hilton, Washington, D.C.

In addition to the book award for C. Donald Johnson, our Center’s Director Emeritus, on which we posted yesterday, participation will be wide-ranging. Once again, a Georgia Law student will volunteer at the meeting, supported by our Center’s Louis B. Sohn Professional Development Fellowship. This year’s Sohn Fellow will be 1L Joshua Jones. Furthermore:

Diane Marie Amann, Emily & Ernest Woodruff Chair in International Law and the Center’s Faculty Co-Director, will lead a roundtable entitled Challenges and Prospects for International Peace and Security: UN Peacekeeping, NATO, and the UDHR at 70. To be held 9-10:30 a.m. Thursday, March 28, the session also will feature Michael W. Doyle, University Professor at the Columbia University School of International and Public Affairs; Steven Hill, Legal Adviser and Director of the Office of Legal Affairs at NATO Headquarters in Brussels; Bruce Oswald, Professor and Director of the Asia Pacific Centre for Military Law in the Melbourne Law School at the University of Melbourne; and Rita Siemion, International Legal Counsel at Human Rights First.

After noting that UN Peacekeeping, NATO, and the Universal Declaration of Human Rights all are marking their 70th anniversaries, the roundtable description asks:

“Have they failed to deliver on their original promise or have they adapted effectively to contemporary global realities? Is their future dependent on the continuation of Western hegemony and unity? Can they adapt to the changing nature of security threats, rising powers and a waning commitment to multilateralism? Are they instruments for peace, security and the promotion of international law? What challenges and opportunities lie ahead?”

Amann also will present a tribute to Judge Patricia Wald (1928-2019) at the ASIL Women in International Law Interest Group luncheon on Friday, March 29.

Harlan G. Cohen, Gabriel M. Wilner/UGA Foundation Professor in International Law and the Center’s Faculty Co-Director, will, in his capacity as Vice Chair of ASIL’s International Legal Theory Interest Group, co-convene a workshop entitled New Perspectives in International Legal Theory. To be held 9-10:30 a.m. Friday, March 29, the workshop will feature 4 junior scholars: David Hughes, University of Michigan; Karin Loevy, New York University; Valentina Vadi, Lancaster University; and Ka Lok Yip, Hong Kong University. Commentators will be Janne Nijman, University of Amsterdam, and Greg Shaffer, University of California-Irvine.

Georgia Law faculty also will take part in ASIL side meetings: Amann, an ASIL Counsellor, will participate in the Executive Council session; Melissa J. Durkee, J. Alton Hosch Associate Professor of Law, is Vice Chair of the Membership Committee; and Cohen is a member of the Editorial Board of the American Journal of International Law.

Full Annual Meeting program here.

Center’s Director Emeritus, C. Donald Johnson, to receive book award Thursday at ASIL Annual Meeting

C. Donald Johnson, Director Emeritus of our Dean Rusk International Law Center, University of Georgia School of Law, will receive a top honor this week in recognition of his 2018 Oxford University Press book,  The Wealth of a Nation: A History of Trade Politics in America.

The 2019 Certificate of Merit for High Technical Craftsmanship and Utility to Lawyers and Scholars (Honorable Mention) will be presented to Johnson during the 113th American Society of International Law Annual Meeting, occurring this week at the Washington Hilton in Washington, D.C. The presentation will take place during the Assembly of the Society – of which Georgia Law is an Academic Partner – at 4:45 p.m. Thursday, March 28.

In the words of the Society:

“This honor is awarded annually, based on the recommendation of a committee of Society members, to a recent work that represents a distinguished contribution to the field.”

In his book Johnson, our Center’s Director from 2004 to 2015, traces the history of trade politics in order o explore whether the United States is better served by a free trade agenda or protectionist measures. His expertise on these issues includes prior service as Ambassador in the Office of the United States Trade Representative and as a U.S. Representative, as well as his international trade law practice as a partner at the Washington law firm Patton Boggs. Johnson earned his Georgia Law J.D. in 1973, serving as Articles Editor of the Georgia Journal of International & Comparative Law, and then earned an LL.M. degree in International Economic Law and International Relations from the London School of Economics and Political Science.

Johnson serves on our Center’s Council, and recently visited us for a launch of his book and to present at a GJICL conference. We look forward to joining others Thursday at ASIL in celebrating his well-deserved honor.

Dispatch from UNHQ: 63d session of Commission on the Status of Women

IMG_1290 (2)I had the pleasure of spending last week at the United Nations headquarters in New York City, attending the 63d session of the Commission on the Status of Women (CSW). CSW is an intergovernmental body “dedicated to the promotion of gender equality and the empowerment of women.” It was established by the Economic and Social Council (ECOSOC) of the United Nations in 1946. I am grateful to have served as an NGO observer on behalf of the American Society of International Law, which holds special consultative status to ECOSOC.

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CSW takes place annually over a two-week period. This year, CSW was chaired by Ambassador Geraldine Byrne-Nason of Ireland, and focused on the theme of “social protection systems, access to public services and sustainable infrastructure for gender equality and the empowerment of women and girls.” During the course of CSW, state delegates negotiate recommendations, or agreed conclusions, related to this theme. The draft agreed conclusions that were discussed during the 63d CSW urge states, as well as other relevant organizations and institutions, to:

  • strengthen the normative, legal, and institutional environment for gender equality;
  • address gender gaps and biases in social protection;
  • transform public services for gender equality and women’s empowerment;
  • make infrastructure investment work for women and girls; and
  • mobilize resources, strengthen accountability, and improve evidence related to the experiences of women and girls.

IMG_1353 (2)Beyond the formal meetings and negotiations, participating states and organizations present a dizzying array of side and parallel events during the commission. I attended many robust sessions, in particular those that dealt with women, peace, and security (WPS). These ranged from from conversations about increasing women’s participation in peace processes, to discussions on challenges facing the implementation of National Action Plans in the Arab Region, to presentations by national and NGO representatives on the challenges to the WPS Agenda ahead of its 20th anniversary next year.

IMG_1341This was my first time attending CSW. It was an incredible gathering, at which impassioned people from around the world worked to improve the the status of women and girls in a range of roles and contexts: participants included government officials, advocates and activists, religious leaders, teachers, and students.

The energy of the week was tremendous: at a town-hall meeting for NGO representatives with UN Secretary-General António Guterres, delegations took turns singing songs from their home countries while we waited for the Secretary-General to arrive. It was profoundly inspiring to see such a diverse collection of people – people with the common goal of achieving gender equality –  connecting, building alliances, and sharing experiences.

Georgia Law faculty take part in ASIL Midyear Meeting and Research Forum

From left, Melissa J. Durkee, Diane Marie Amann, Kathleen A. Doty, and Harlan G. Cohen

Four members of our University of Georgia School of Law faculty took part last weekend in the American Society of International Law Midyear Meeting and Research Forum at UCLA School of Law in Los Angeles.

Diane ASIL► Professor Diane Marie Amann, the Emily & Ernest Woodruff Chair in International Law and Faculty Co-Director of our Dean Rusk International Law Center, presented “Glimpses of Women at the Tokyo Tribunal,” which will appear as a chapter in a forthcoming volume commemorating this week’s 70th anniversary of the judgment of the International Military Tribunal for the Far East. Amann, who is serves as a Counselor of the American Society of International Law, also took part in the Society’s Executive Council meeting.

Professor Harlan G. Cohen, holder of the Gabriel M. Wilner/UGA Foundation Professorship in International Law and Faculty Co-Director of the Dean Rusk International Law Center, participated in the meeting of the Board of Editors of the American Journal of International Law. He was elected to the Board last year and serves as Editor of AJIL’s International Decisions section.MJDurkee

◄ Professor Melissa J. Durkee presented her work, “The New Functional Sovereignty: Private Authority in Global Governance,” on a panel exploring the roles of corporations in international law.

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► Center Director Kathleen A. Doty offered career advice to current law students and recent graduates as part of ASIL’s International Law Speed Networking. This event was part of a series of offerings at the Midyear Meeting aimed at professional development for students and early-career lawyers.

 

Georgia Law Professor Harlan Cohen presents “Multilateralism’s Life Cycle” in visit at University College London

Harlan Grant Cohen, the 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 School of Law, spent the last two weeks as a visitor of University College London (UCL) Faculty of Laws newly renovated building, Bentham House.

As part of Cohen’s visit, UCL’s Global Governance Institute invited him to give a public keynote lecture on “Multilateralism’s Life Cycle.” As previously posted, that is the topic of his forthcoming article for the American Journal of International Law.

Cohen is a member of AJIL’s Board of Editors, and serves as Editor of the journal’s International Decisions section.

Jane Addams and Belva Ann Lockwood, et al., the newest members of ASIL

A warm welcoming of new members highlighted the recent annual meeting of the American Society of International Law.

Those welcomed included two luminaries – a Nobel Peace Prizewinner and a U.S. Presidential candidate – plus untold others, as reflected in this resolution, adopted by ASIL’s General Assembly:

RESOLVED,

That the American Society of International Law, wishing to provide recognition and posthumous redress to women who were excluded from membership in the Society during its early years, hereby confers membership on JANE ADDAMS, BELVA ANN LOCKWOOD, and any other women whose applications for membership were denied from 1906-1921.

FURTHER RESOLVED,

That the Society should undertake additional research to determine which members of other groups also were excluded from membership over the course of the Society’s history, and merit similar redress.

ASIL President Lucinda A. Low (left) introduced the resolutions, one of her last acts before handing the presidency to Professor Sean D. Murphy. Low, a partner at Steptoe & Johnson LLP, acted in response to a member inquiry – an inquiry prompted, as Low told ASIL members, by “International Law and the Future of Peace,” the speech I gave upon receiving the 2013 Prominent Woman in International Law award of ASIL’s Women in International Law Interest Group. As I indicated in that speech, original credit is owed to yet another ASIL President: Professor Alona Evans (below left), the 1st woman elected to lead the Society, in 1980, her tenure cut short by her death at age 63 that same year.

Six years earlier, Evans and Carol Per Lee Plumb had published “Women and the American Society of International Law” in the American Journal of International Law. They reported that ASIL, founded in 1906, had refused women’s applications for membership until 1921, the year after the U.S. Constitution was amended to give women the right to vote. Applicants before that time included:

► Lockwood (1830-1917) (top, middle), an attorney-activist who gained admittance to the District of Columbia bar in 1873 thanks to the intervention of U.S. President Ulysses Grant. Thereafter, she became the 1st woman to appear on an official ballot as a candidate for U.S. President, and also the 1st to argue a case before the U.S. Supreme Court.

► Addams (1860-1935) (top, right), the Chicago settlement house leader whose achievements including chairing the 1915 International Congress of Women at The Hague and serving and the 1st President of the Women’s International League for Peace and Freedom. She would earn the Peace Prize in 1931.

According to Evans’ co-authored article, when Addams sought ASIL membership, she was sent a letter in which she was “invited, instead, to subscribe to the Journal ‘for the same amount as the annual dues ….’” That letter constitutes one of the few remaining records of such applications; it is for this reason that the 2018 Resolution refers to all women, known and unknown, who were denied membership.

Similarly lacking is evidence of how members of other groups fared in ASIL. (The sole African-American person elected ASIL President, C. Clyde Ferguson Jr., served just before Evans.) The Society has further resolved to seek this information and grant redress.

As for Evans, President Low indicated that the Society is considering how best to honor her legacy. These resolutions surely constitute a superb 1st step.

(Cross-posted from Diane Marie Amann)