University of Georgia School of Law Professor Emerita Diane Marie Amann recently presented “Ungentlemanlike Behaviour; or, Official Immunisation and Uneven Judicialisation” during the annual gathering of the European Society of International Law (ESIL), held this year at the University of Málaga in Spain.
Amann’s talk considered the interrelation of international and national legal developments respecting grants of immunity to heads of state and certain other high-ranking officials, using the 2024 U.S. Supreme Court decision on the topic as a point of departure.
Amann, who is Regents’ Professor Emerita and Emily & Ernest Woodruff Chair in International Law Emerita at Georgia Law, served for many years as a Faculty Co-Director of our Dean Rusk International Law Center. Currently Visiting Professor at the London School of Economics and Political Science Law School and Honorary Professor at University College London Faculty of Laws, starting in October she will begin service as Departmental Lecturer in Public International Law at the University of Oxford.
University of Georgia scholars’ presentations were as follows:
► Professor Diane Marie Amann (pictured above left) gave an online talk entitled “Absent at the Creation? Women and International Criminal Justice” as part of a Saturday hybrid session exploring “In/Ex-clusiveness of the Legal Construction of Justice.” The presentation drew on her research into the experiences of women professionals at post-World War II international criminal trials. Amann is Regents’ Professor of International Law, Emily & Ernest Woodruff Chair in International Law, and Faculty Co-Director of the Dean Rusk International Law Center here at the University of Georgia School of Law; additionally, she serves on the Coordinating Committee of ESIL’s Interest Group on International Criminal Justice. Also participating on this agora session were scholars from the Netherlands’ University of Amsterdam and Erasmus University, and also from the Irish Centre for Human Rights at the National University of Ireland-Galway.
► Professor Harlan Grant Cohen (second from left), who is 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, presented twice:
He asked “What’s in a Name?” in his presentation at “De-formalizing the International Judiciary,” a Wednesday workshop hosted by ESIL’s Interest Group on International Courts & Tribunals. The talk highlighted Judicialization and Public Support for Compliance with International Commitments, Cohen’s experimental work with Ryan Powers, an Assistant Professor at our university’s School of Public & International Affairs, and anticipated their future work on how various audiences respond to international “courts.” Also taking part in the session were scholars from: National Academy of Legal Studies and Research University of Law, in Hyderabad, India; University of Toronto, Canada; Humboldt University Berlin; and Leiden University, the Netherlands.
On Thursday, Cohen presented “Why Study International Precedent” at “‘Connecting Social Practices to Legal Outcomes,” the workshop of the ESIL Interest Group on Social Sciences & International Law. In his talk, Cohen outlined how international legal theory would change if the emergence of precedent were made the core case of international law, rather than an anomaly. Presenting as well at this session, entitled “Precedent,” was a scholar from the European University Institute, Italy.
► Professor Melissa J. “MJ” Durkee (center), who is Associate Dean for International Programs, Director of the Dean Rusk International Law Center, and Allen Post Professor here at the University of Georgia School of Law, likewise gave two presentations at the ESIL conference:
She presented “The Technology of Inclusion in International Climate Law,” a talk that drew from her forthcoming Yale Journal of International Law article The Pledging World Order, at a Wednesday workshop session entitled “Just Energy Transition – the International Human Rights Law Perspective.” The workshop’s overall title was “In/Ex-clusiveness in the Energy Transition and Climate Action”; host was the ESIL Interest Group on International Environmental Law. Also on Durkee’s panel were scholars from Leiden University in the Netherlands and from the China Institute of Boundary & Ocean Studies and Research Institute of Environmental Law of Wuhan University, China.
Durkee explored “The Logics of Inclusion and Exclusion in International Participatory Structures,” at a Thursday workshop entitled “International Organizations, Elites, and Masses: Perspectives on In/Exclusion,” and sponsored by the ESIL Interest Group on International Organizations. Her talk concerned an early-stage project that organizes perspectives on the inclusion and exclusion of nonstate actors in the activities of international organizations. Presenting other papers were scholars from the University of Hong Kong, the University of Melbourne in Australia, Max Planck Institute for Comparative Public Law & International Law in Germany the University of Hamburg in Germany, and the Guangdong University of Foreign Studies in China.
Meanwhile, Professor Tim R Samples (second from right), Associate Professor of Legal Studies at the University of Georgia Terry College of Business who has a courtesy appointment at Georgia Law, took part in three presentations.
Professor Samples and Dr. Katie Ireland (right), who recently joined the university’s DigiLab, spoke at two ESIL workshops along with their co-author, Caroline Kraczon, a Georgetown University Law Center 3L who earned her first degrees at the University of Georgia. Their paper, “Terms of Use Agreements and Social Platforms,” discusses their interdisciplinary project based on an original dataset of 75 digital platforms’ terms-of-use and core policies. The trio presented this research at the Wednesday workshop of the International Law & Technology Interest Group, on “Algorithmic and Technological Modes of In-/Exclusion: International Legal Method and Critique,” and also at “‘In/Ex-clusiveness through the Lens of International Business and Human Rights’” the Thursday workshop of the International Business & Human Rights Interest Group.
In addition, Samples co-presented Investment Law’s Transparency Gap, an article forthcoming in Cornell International Law Journal, with co-author Sebastian Puerta, a Ph.D. student in Economics at the University of California-Berkeley who earned his first degrees at the University of Georgia. Their work uses predictive modeling to estimate missing claims and awards in investment treaty arbitration. They spoke at a session of ESIL’s International Economic Law Interest Group, “In/ex-cluding Civil Society in Investment Law-making and Arbitration.” Also taking part in this session were scholars from the Institute of International Relations in Czechoslovakia, Ghent University and Université Libre de Bruxelles in Belgium, University of Vienna in Austria, University of Trento in Italy, and Carleton University in Canada.
Introducing Amann – who is Regents’ Professor of International Law, Emily & Ernest Woodruff Chair in International Law, and Faculty Co-Director of the Dean Rusk International Law Center – was Glasgow Law Professor Christian J. Tams, Director of the Glasgow Centre for International Law & Security.
Amann framed her talk around two artefacts of the period immediately after World War II, when the 1945-46 Trial of Major War Criminals was unfolding before the International Military Tribunal at Nuremberg, Germany: the play that Jean-Paul Sartre entitled Huis Clos but that is known in English as Vicious Circle or No Exit; and the front page of a French newspaper that referred not only to that play, but also to food shortages, the East-West threat spurred by the advent of nuclear weapons, and the IMT trial. She then linked the military, economic, political, and human security threads these artefacts raised to current events including conflicts in Ukraine and elsewhere.
Georgia Law Professor Diane Marie Amann (above left), who is scheduled to deliver the keynote address, entitled No Exit at Nuremberg: The Postwar Order as Stage for 21st-Century Global Insecurity, during the session beginning at 9 a.m. GMT/4 a.m. Eastern on Thursday, March 31. Amann is Regents’ Professor of International Law, Emily & Ernest Woodruff Chair in International Law, and Faculty Co-Director of the Dean Rusk International Law Center at Georgia Law; served from 2012 to 2021 as International Criminal Court Prosecutor Fatou Bensouda’s Special Adviser on Children in & affected by Armed Conflict; and is a member of the Coordinating Committee of ESIL’s Interest Group on International Criminal Justice. She is writing a book, under contract with Oxford University Press, on lawyers and other women professionals at the first post-World War II international criminal trial, held from 1945 to 1946 in Nuremberg, Germany.
Lauren Brown (above right), who earned her Georgia Law J.D. degree magna cum laude and was elected to the Order of the Coif in 2019, will present Keys to the Kingdom: Export Controls and What They Really Mean at 1:30 p.m. GMT/8:30 a.m. Eastern on Wednesday, March 30, as part of a panel entitled “International Economic Law and New Frontiers of Global Security.” Brown, who is an Associate in the International Trade Practice at the Squire Patton Boggs law firm in Washington, D.C., also holds a master’s degree from the University of Edinburgh, Scotland, as well as a bachelor’s degree from the University of North Carolina at Chapel Hill.
Registration to attend this event, either in-person or online, is free and available here.
Harlan G. Cohen, Gabriel M. Wilner/UGA Foundation Professor in International Law and Faculty Co-Director of the Dean Rusk International Law Center at the University of Georgia School of Law, has posted “Metaphors of International Law”, to appear in International Law’s Invisible Frames – Social Cognition and Knowledge Production in International Legal Processes.
Set to be published by Oxford University Press in 2021, the volume is co-edited by Andrea Bianchi, Professor of International Law at Switzerland’s Graduate Institute Geneva, and Moshe Hirsch, Maria Von Hofmannsthal Chair in International Law at the Hebrew University of Jerusalem.
This chapter explores international law in search of its hidden and not-so-hidden metaphors. In so doing, it discovers a world inhabited by states, where rules are mined or picked when ripe, where trade keeps boats forever afloat on rising tides. But is also unveils a world in which voices are silenced, inequality is ignored, and hands are washed of responsibility.
International law is built on metaphors. Metaphors provide a language to describe and convey the law’s operation, help international lawyers identify legal subjects and categorize situations in doctrinal categories, and provide normative justifications for the law. Exploring their operation at each of these levels, this chapter describes the ways metaphors allow international lawyers to build a shared, tangible universe of legal meaning. But it also reveals how metaphors simultaneously help hide international law’s dark side, blind international lawyers to alternative ways of organizing the world, and prejudge legal outcomes. Metaphors, a key building block of the international law we know, become key also to its demolition, restoration, or remodeling.
