Dean Rusk International Law Center

Georgia Law Professor Kannan Rajarathinam (LL.M. ’88) interviewed by Hindustan Times

University of Georgia School of Law alumnus and adjunct professor Kannan Rajarathinam (LL.M. ’88) was interviewed in Hindustan Times about his new book, The DMK Years: Ascent, Descent, Survival (India Viking, 2024). The book will be available for purchase on November 15, 2024 in the United States.

The article titled “Unclear if the DMK is still the party of the modest or is for the modest” was written by Divya Chandrababu and was published on September 20.

Below is the introduction to the interview:

Political commentator and author R. Kannan recently launched his book, ‘The DMK Years: Ascent, Descent, Survival’ which is [an] account of the DMK’s journey, from its foundation in 1949 by CN Annadurai to its present-day prominence under Tamil Nadu Chief Minister MK Stalin. In an interview with Hindustan Times, the author speaks on the DMK’s 75th founding day and the Hindu assertion of the BJP that has forced the DMK to hold a conference for Murugan, the Hindu deity. Chief Minister Stalin’s son Udhayanidhi’s real test is a post-Stalin-phase, he says, adding that DMK’s strength is in its [organizational] base and a divided opposition, but if actor Vijay were to join forces with AIADMK or others, the ruling party might be in trouble for the 2026 assembly polls. 

The University of Georgia School of Law’s Dean Rusk International Law Center is hosting a book talk on Tuesday, November 19th for Rajarathinam. The conversation will be co-facilitated by Professor Laura Phillips-Sawyer of Georgia Law and Dr. Laura Zimmermann of the School of Public and International Affairs. This event is part of International Education Week, a joint initiative of the U.S. Department of State and the U.S. Department of Education, an effort to promote programs that prepare Americans for a global environment and celebrate the benefits of international education.

Kannan Rajarathinam is an adjunct professor at the University of Georgia School of Law teaching a course on International Organizations. Between 1993 and 2022, he served the United Nations in various capacities, including senior political affairs officer, head of office, senior planning and coordination officer, chief civil affairs officer, and legal officer from Afghanistan to Bosnia and Herzegovina. Before joining the UN, he briefly taught at the University of Madras in India as a guest faculty member and junior professor and practiced law. Presently, he serves on the Dean Rusk International Law Center Advisory Council.

Georgia Law Professor Adam Orford presents at World Congress of Environmental History in Finland

University of Georgia School of Law professor Adam D. Orford recently presented his article “The Oil Pollution Act of 1924: A Centennial Reassessment” and spoke on the panel “Law, History, and the Environment” at the World Congress of Environmental History, hosted at the University of Oulu in Finland. The theme for this year’s conference was “Transitions, Transformations and Transdisciplinarity: Histories Beyond History.”

Below is the paper’s abstract:

This Article examines the social, political, and legislative history of the United States Oil Pollution Act of 1924. A century after its enactment, the nation’s first federal antipollution law remains undeservedly obscure. At the height of the conservative Lochner era, during the conservative Coolidge Administration, with conservative majorities in both houses of Congress, and in the face of opposition from the oil and marine shipping industries, the United States Congress enacted a national law prohibiting oil pollution. How did this happen? Who was involved? And what can be learned about today’s conservative legal and political environment?

This work is part of a larger project to synthesize histories of political conservatism and national environmental legislation in the U.S. prior to the 1970s. The author’s prior work has traced this development back to through the postwar years. This work extends the inquiry further, examining U.S. federal antipollution legislation within the context of the social and political environment of the post-progressive 1920s, with attention to the role of private associations and business interests in promoting the legislation, and of technological feasibility in ultimately securing passage while also limiting the law’s scope.

There has not been a major study of this law since the 1980s, providing an excellent opportunity to integrate new historical perspectives – including environmental history and the recognition of political conservatism as an important historical force – as well as newly available archival records.

Orford is an Assistant Professor of Law at the University of Georgia School of Law. His interdisciplinary research investigates legal and policy approaches to environmental protection, human health and wellbeing, and deep decarbonization of the United States economy. He also participates in collaborative research initiatives across UGA, including as the lead of the Georgia element of the National Zoning Atlas and as a participant in ongoing investigations into the legal, political, environmental and social dimensions of new energy manufacturing and emerging carbon removal technologies.

Nomsa Ndongwe, Research Fellow at the James Martin Center for Nonproliferation Studies, speaks at Georgia Law

James Martin Center for Nonproliferation Studies (CNS) Research Fellow Nomsa Ndongwe spoke to students about careers in international law and contemporary security challenges this week at the University of Georgia School of Law.

Ndongwe discussed her own career trajectory and current work in nonproliferation at CNS. She identified several skills aspiring international lawyers can work towards in law school, including learning languages and developing subject matter expertise. Ndongwe championed the importance of professional networking, building relationships with peers, and making use of the resources available to students at Georgia Law, like the Career Development Office and the Dean Rusk International Law Center. She also answered student questions about the use of artificial intelligence in international law, current proceedings in international courts, and global nuclear security challenges.

Ndongwe is a Co-founder of the WCAPS West Coast Chapter, and an N-Square Innovators Network Fellow 2020 – 2021. As of January 2022, she co-leads the CNS Young Women in Nonproliferation Initiative, is a School of International Futures Mentor 2023, and served as a Girl Security mentor. She is also a part of the P5 –Young Professionals Network (YPN) 2022-2023 cohort. She has a Master of Arts in Nonproliferation, Terrorism Studies, and Financial Crime Management from the Middlebury Institute of International Studies. She obtained her first degree, an LLB Single (Hons) degree at Brunel University, and her Postgraduate Diploma in Legal Practice (LPC) from the University of Law in Guildford, UK.

Previously, she served as diplomat for the Zimbabwe Permanent Mission to the United Nations Office at Geneva, focusing mainly on the Disarmament portfolio and International Telecommunication Union (ITU). Nomsa is a featured non-proliferation panelist/moderator for the Ploughshares Foundation, Harvard Belfer Center, Trinity College DC, United Nations Office for Disarmament Affairs (UNODA) New York, Naval Postgraduate School, United Nations Institute for Disarmament Research (UNIDIR), N Square Innovators Network and Royal United Services Institute (RUSI).

Georgia Law Professor Diane Marie Amann publishes “Child-Taking” in Michigan Journal of International Law

“Child-Taking,” an article by University of Georgia School of Law Professor Diane Marie Amann, has just been published at 45 Michigan Journal of International Law 305-79 (2024).

As theorized in the article, “child-taking” occurs when a state or similar powerful entity takes a child and then endeavors to alter, erase, or remake the child’s identity. It is a criminal phenomenon that has been repeated across decades and centuries. On rare occasion, criminal prosecutions have occurred, as with the Situation in Ukraine before the International Criminal Court. More often redress, if any, must take place in other forums. The article thus considers these other types of transitional justice, with particular attention to the legacies of forced residential schooling imposed upon Indigenous children in the United States, Canada, and elsewhere.

Amann presented aspects of this research at numerous venues, including King’s College London, Yale University, the University of Cambridge, University College London, and the American Society of International Law Annual Meeting.

Amann is Regents’ Professor of International Law, Emily & Ernest Woodruff Chair in International Law, and a Faculty Co-Director of our Dean Rusk International Law Center here at Georgia Law. She served from 2012 to 2021 as International Criminal Court Prosecutor Fatou Bensouda’s Special Adviser on Children in & affected by Armed Conflict.

Here’s the abstract of the “Child-Taking” article, the print version of which is available here:

A ruling group at times takes certain children out of their community and then tries to remake them in its image. It tries to rid the child of undesired differences, in ethnicity or nationality, religion or politics, race or ancestry, culture or class. There are too many examples: the colonialist residential schools that forced settler cultures on Indigenous children; the military juntas that kidnapped dissidents’ children; and today’s reports of abductions amid crises like that in Syria. Too often nothing is done, and the children are lost. But that may be changing, as the International Criminal Court (“ICC”) is seeking to arrest Russian President Vladimir Putin and Commissioner for Children’s Rights Maria Lvova-Belova for the war crimes of unlawfully deporting or transferring children from Ukraine to Russia.

“This article examines the criminal phenomenon that it names ‘child-taking.’ By its definition, the crime occurs when a state or similar powerful entity, first, takes a child, and second, endeavors, whether successfully or not, to alter, erase, or remake the child’s identity. Using the ICC case as a springboard, this article relies on historical and legal events to produce an original account of child-taking. Newly available trial transcripts help bring to life a bereft mother and five teenaged survivors, plus the lone woman defendant, who testified at a little-known child-kidnapping trial before a postwar Nuremberg tribunal. Their stories, viewed in the context of the evolution of international child law, inform this article’s definition. These sources further reveal child-taking to be what the law calls a matter of international concern. At its most serious, child-taking may constitute genocide or another crime within the ICC’s jurisdiction. Yet even if circumstances preclude punishment in that permanent criminal court, child-taking remains a grave offense warranting prosecution or other forms of local and global transitional justice. This is as true for the Indigenous children of residential schools in North America, Australia, and elsewhere, and for children in Syria and many other places in the world, as it is for the children of Ukraine.

Georgia Law Professor Assaf Harpaz publishes article on the U.N. Framework Tax Convention

University of Georgia School of Law assistant professor Assaf Harpaz published an article titled “The U.N. Framework Tax Convention: Can It Bridge the North-South Divide?” in the tax publication Tax Notes International.

In this article, Harpaz explains the key issues being addressed in the U.N. framework convention on international tax cooperation, including the global north-south divide and its role in the multilateral process.

The article’s abstract is as follows:

The United Nations recently concluded the second session of negotiations on terms of reference for a framework convention on international tax cooperation. The framework convention presents an opportunity to multilaterally address pressing global tax issues. Its goal is to “strengthen international tax cooperation and make it fully inclusive and more effective.”

The extensively negotiated terms of reference make several substantive commitments, including the fair allocation of taxing rights; tax evasion and avoidance by high-net worth individuals; sustainable development; mutual administrative assistance in tax matters; tax-related illicit financial flows; and prevention and resolution of tax disputes.

The ongoing multilateral effort brings the promise of a more equitable international tax regime. However, support for the U.N.’s work and the substantive issues identified has been sharply divided along global north-south lines. A successful U.N. process will need to acquire legitimacy from both the developed superpowers and the developing countries that have historically been excluded from international tax policymaking decisions.

The article explains the key issues being addressed in the U.N. framework convention on international tax cooperation, including the global north-south divide and its role in the multilateral process.

Assaf Harpaz joined University of Georgia School of Law as an assistant professor in summer 2024 and will teach classes in federal income tax and business taxation. Harpaz’s scholarly focus lies in international taxation, with an emphasis on the intersection of taxation and digitalization. He explores the tax challenges of the digital economy and the ways to adapt 20th-century tax laws to modern business practices.

Georgia Law Professor Jason Cade cited by U.S. Court of Appeals for the Ninth Circuit 

University of Georgia School of Law Associate Dean & Hosch Professor Jason A. Cade’s article “Deporting the Pardoned” was recently cited by the U.S. Court of Appeals for the Ninth Circuit in the case Lopez v. Garland.

Below is an excerpt from the article:

Federal immigration laws make noncitizens deportable on the basis of state criminal convictions. Historically, Congress implemented this scheme in ways that respected the states’ sovereignty over their criminal laws. As more recent federal laws have been interpreted, however, a state’s decision to pardon, expunge, or otherwise set aside a conviction under state law will often have no effect on the federal government’s determination to use that conviction as a basis for deportation. While scholars have shown significant interest in state and local laws regulating immigrants, few have considered the federalism implications of federal rules that ignore a state’s authority to determine the continuing validity of its own convictions. This Article contends that limitations on the preclusive effect of pardons, expungements, appeals, and similar post-conviction processes undermine sovereign interests in maintaining the integrity of the criminal justice system, calibrating justice, fostering rehabilitation, and deciding where to allocate resources. In light of the interests at stake, Congress should be required to clearly express its intent to override pardons and related state post-conviction procedures. A federalism-based clear statement rule for statutory provisions that restrict generally applicable criminal processes would not constrain the federal government’s power to set immigration policy. Congress remains free to make its intent clear in the statute. But the rule would ensure that Congress, rather than an administrative agency, has made the deliberative choice to upset the usual constitutional balance of federal and state power.

Jason A. Cade is Associate Dean for Clinical Programs and Experiential Learning, J. Alton Hosch Professor of Law & Community Health Law Partnership Clinic Director. In addition to overseeing the law school’s 11 in-house clinics and 7 externship programs, Cade teaches immigration law courses and directs the school’s Community Health Law Partnership Clinic (Community HeLP), in which law students undertake an interdisciplinary approach to immigrants’ rights through individual client representation, litigation, and project-based advocacy before administrative agencies and federal courts.

Additional information about the Community HeLP Clinic can be found here.

Georgia Law Professor Desirée LeClercq presents at 2nd annual Trade and Public Policy Network Conference in Oxford

University of Georgia Assistant Professor of Law & Faculty Co-Director of the Dean Rusk International Law Center, Desirée LeClercq, presented at the 2nd annual Trade and Public Policy Network Conference in Oxford, England. LeClercq’s work was entitled: “Enforcement of the United States-Mexico-Canada Agreement Rapid Response Mechanism.”

Desirée LeClercq joined the University of Georgia School of Law as an assistant professor in summer 2024 and currently teaches International Trade and Workers Rights, International Labor Law, International Law, and U.S. Labor Law. She serves as a faculty co-director of the Dean Rusk International Law Center and as the faculty adviser for the Georgia Journal of International and Comparative Law.

Georgia Professor Assaf Harpaz selected as laureate at the Journal of International Economic Law Junior Faculty Forum

University of Georgia School of Law assistant professor Assaf Harpaz has been selected as a laureate to present his paper titled “Global Tax Wars and the Shift to Source-Based Taxation” at the Journal of International Economic Law Junior Faculty Forum (JIEL JFF).

Below is an abstract of the paper:

Current debates in international taxation often focus on how to fairly allocate taxing rights between jurisdictions. When an enterprise earns income abroad, both the country of residence (where the taxpayer resides) and the country of source (where income is generated) have legitimate, competing claims to tax that income. The issue is further complicated in a digital economy where tax avoidance and profit shifting practices are abundant.

Income tax treaties have traditionally favored residence-based taxation. Now, the international tax framework is at a crossroads with intergovernmental organizations battling to redefine the principles of cross-border taxation. The regime has been dominated by the Global North through the Organisation for Economic Co-operation and Development (OECD), which has drawn backlash due to its undemocratic procedure and unfavorable outcomes for developing countries. The United Nations has held a relatively peripheral role in global tax governance, yet this could change with an upcoming UN Framework Convention on International Tax Cooperation – an initiative overwhelmingly supported by developing countries. This article conceptualizes the international tax discourse as “tax wars,” contrasting the taxing powers and interests of the OECD-led Global North with those of the UN-backed Global South. It highlights the distributive effects of tax treaties and argues for a shift toward source-based taxation. To do so, it proposes revisiting the permanent establishment standard in model treaty language, creating an opportunity for broader taxation of business profits in the source country. This transition will address longstanding disparities and is increasingly warranted in a digital economy that does not rely on physical presence

Assaf Harpaz joined University of Georgia School of Law as an assistant professor in summer 2024 and will teach classes in federal income tax and business taxation. Harpaz’s scholarly focus lies in international taxation, with an emphasis on the intersection of taxation and digitalization. He explores the tax challenges of the digital economy and the ways to adapt 20th-century tax laws to modern business practices.

Georgia Law LL.M. student Michael Faleye receives scholarship from Education African Scholars Global Connect

University of Georgia School of Law Master of Laws (LL.M.) student Michael Faleye was selected as a recipient of the Personal Travel Allowance Scholarship from Education African Scholars Global Connect. This organization is dedicated to supporting African students pursuing higher education abroad and to impact their home and host communities. They provide resources and support to help students secure admission and scholarships, and they encourage students to use their education and skills to contribute to the development and nation-building efforts of their home countries.

Below is Education African Scholars Global Connect’s vision statement:

Our vision is to become the leading resource for African youths seeking higher education abroad and to inspire a new generation of leaders and change-makers in Africa. We believe that investing in the education and development of African youths is the key to a brighter future for the continent, and we are dedicated to helping students achieve their full potential and make a lasting impact on their communities and nations.

Michael, who is from Nigeria, earned his law degree with honors at the University of Lagos and completed his legal training at the Nigerian Law School. As a student, he was actively involved in student parliamentary politics as senate president of the Law Students Society. After being called to the Nigerian bar in 2019, he began his legal career in Lagos at Wole Olanipekun & Co., a leading litigation law firm, and then practiced at Fides and Fiducia LP, a full-service law firm, from which he was placed on secondment to Eroton Exploration and Production Company Ltd/Midwestern Oil & Gas Company Ltd. In 2022, he transitioned to an in-house position with one of Africa’s premier financial institutions, Guaranty Trust Holding Company Plc. Michael’s expertise encompasses commercial law, corporate governance and regulatory compliance. He is a member of the Institute of Chartered Secretaries and Administrators of Nigeria (ICSAN) and holds certifications in EU privacy law (GDPR) compliance and Intellectual Property “Copyright X” from Harvard Law School’s Berkman Klein Center. His goal is to work in the areas of business law that revolve around mergers & acquisitions, venture capital, and privacy law.

The Master of Laws (LL.M.) degree at the University of Georgia School of Law offers foreign law graduates opportunities to learn about the U.S. legal system, deepen knowledge of an area of specialization, and explore new legal interests at one of the nation’s top law schools. The ten-month program provides individualized support through the Dean Rusk International Law Center and prepares international students for a globalized legal market. Applications are open now for the class of 2026. More information about applying to the program can be found here.

Georgia Professor Christopher Bruner publishes in the Journal of Law and Political Economy

University of Georgia School of Law professor Christopher M. Bruner published an article titled “National Identity and Economic Development in Market-Dominant Small Jurisdictions” in UC Berkeley’s peer-reviewed Journal of Law and Political Economy.

A working paper version of the article was previously presented at the symposium on “Law, Identity, and Economic Development in the Post-Colonial Era: The Case of the Northern Atlantic and Larger Caribbean Regions,” hosted by the Princeton School of Public and International Affairs. For more information, please see our previous post.

Below is an abstract of the article:

Small jurisdictions that are globally competitive in providing cross-border financial services—market-dominant small jurisdictions (MDSJs)—occupy fascinating and unique positions in global markets, reflecting the complexity of their linkages with major economies. This article explores how the distinctive features of MDSJs highlight important dimensions of the relationship between national identity and economic development. I review literatures that aim to explain how jurisdictions behave in the economic context, focusing on concepts of nationalism, national identity, and nation branding, and how such phenomena might impact one another. I then assess their application to the relationship between national identity and economic development in MDSJs, where realities of size and geography prompt substantial outward orientation and incentivize innovations in law and finance to service economic activity largely occurring elsewhere. The article culminates with a vivid case study—the role of national identity in developing, marketing, and maintaining Bermuda’s outsized role in global insurance markets.

Christopher M. Bruner is the Stembler Family Distinguished Professor in Business Law at the University of Georgia School of Law and serves as a faculty co-director of the Dean Rusk International Law Center.