Human rights, criminal justice, NATO, business practice, reception with Georgia Law alums: Global Governance Summer School day 3, Brussels

Professor Amann, Ana Sofie Silveira, Lucia Hakala, Eunjun Kim, Bryant Oliver, Professor Doty, NATO Legal Adviser Steven Hill, Hanna Karimipour, Maddie Neel, Julian Skoruppa, Brooke Carrington, Saif Ahmed, Caroline Harvey, Mills Culver, and Frances Plunkett

BRUSSELS – A variety of briefings in this Belgium capital, and home of many European Union institutions, highlighted day 3 of the Global Governance School that our University of Georgia School of Law Dean Rusk International Law Center offers with the Leuven Centre for Global Governance Studies at KU Leuven, one of Europe’s premier research institutions.

Our cohort of students from Georgia Law and multiple European universities first traveled to the Brussels office of No Peace Without Justice (left), a nongovernmental organization founded a quarter-century ago to promote “the protection and promotion of human rights, democracy, the rule of law and international justice.” There Alison A. Smith (left), Legal Counsel and Director of the organization’s International Criminal Justice Program, took part in a dialogue on “International Human Rights Lawyering” with Georgia Law Professor Diane Marie Amann, Emily & Ernest Woodruff Chair in International Law and one of our Center’s Faculty Co-Directors. Then the organization’s Secretary-General, Niccolò A. Figà-Talamanca, described the Rome diplomatic conference that led to adoption in 1998 of the Rome Statute of the International Criminal Court.

Next, Steven Hill, Legal Adviser and Director of the Office of Legal Affairs at the North Atlantic Treaty Organization, outlined the work of his office, where an 8-lawyer team serves as counsel to NATO Secretary-General Jens Stoltenburg and further liaises with NATO lawyers throughout the world. He then discussed key issues likely to be discussed at next week’s NATO Summit. (Preparations for that meeting of member states’ heads of state and government precluded a visit to the new NATO headquarters; we are grateful to the Brussels law firm Van Bael & Bellis for providing the lovely conference room, pictured above, where our students met with Hill.)

Finally, we made our way to the Brussels office of Sidley Austin LLP. There Stephen Spinks (Georgia Law JD’76), a member of our Dean Rusk International Law Center Council, led a presentation on key areas of global business practice at his office. Spinks is the immediate past managing partner of that office, and a well-known lawyer expert in matters related to EU competition (in effect, antitrust) law and trade law. Assisting in the presentation by Spinks (standing, at left) were 4 additional Sidley lawyers. From left: Dr. Michele Boggiani, who spoke on anti-corruption and life sciences law, Paul Greaves, on data privacy law, Anne Robert, on competition law, and Dr. Bregt Natens, on trade law.

The day concluded with a lively reception that Sidley kindly hosted. Participants included our students, firm attorneys, Center Director Kathleen A. Doty and myself, Sidley attorneys including Wim Nauwelaerts (LLM’94), an alumnus and head of the firm’s data privacy group, plus other Georgia Law graduates. These included: Johan De Bruycker (LLM’90), General Counsel, Ageas, Brussels; Porter Elliott (JD’96), the Van Bael & Bellis partner who helped secure a room for the morning NATO presentation; Daniel J. Felz (JD’09), an associate at Alston & Bird LLP; Professor Erik Franckxx (LLM’83), Professor of Law Director of the Department of International and European Law at Vrije Universiteit Brussel; and Dr. Christof Siefarth (LLM’86), a partner at GÖRG law firm in Cologne, Germany, and member of our Center’s Council.

Our group returns to Brussels tomorrow, to the Royal Flemish Academy of Belgium for Science and the Arts, to take part in Reconnect: Reconciling Europe with its Citizens through Democracy and the Rule of Law, a conference kicking off a 4-year-research project among 18 partners, including our partner institution, the Leuven Centre for Global Governance Studies, KU Leuven.

Contemporary challenges to global trade and sustainable development the focus of 2018 Georgia Law-Leuven Centre Global Governance Summer School day 2

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Global Governance Summer School students and faculty at the Central Library at Leuven. From Left: Professor Doty, Lucia Halala, Ana Sofia Silveira, Sarah Brugger, Hanna Karimipour, Caroline Harvey, Saif-Ullah Ahmed, Frances Plunkett, Brooke Carrington, Julian Skoruppa, Maddie Neel, Bryant Oliver, Mills Culver, Professor Cohen.

LEUVEN – Fresh from a walking tour of this centuries-old university city (top), not to mention last night’s celebrations in the Oude Markt plaza of Belgium’s breathtaking World Cup win, students in our 2018 Georgia Law-Leuven Centre Global Governance Summer School returned to the classroom today to explore contemporary challenges in the areas of global trade and sustainable development.

They took part in four lectures on the subject:IMG_2537 (1)

1st, Dr. Jan Van Hove (left), Professor of European and International Economics at KU Leuven, presented “A Political Economic Perspective on Global Economic and Trade Governance,” focusing on the changing landscape of global trade, including disruptions to traditional trade regimes.

IMG_25492d, Georgia Law Professor Harlan G. Cohen (right), Gabriel M. Wilner/UGA Foundation Professor in International Law and one of our Center’s Faculty Co-Directors, lectured on “Global Economic and Trade Law.” His lecture highlighted the issue of governance choice in the areas of trade, finance, and international business transactions.

IMG_2558 (1)3d, Leuven Law Professor Geert Van Calster (left) spoke on “Trade Policy and Sustainable Development.” Concepts like regulatory harmonization and risk management design informed his lecture.

IMG_25654th, Dr. Axel Marx (right) concluded the day with a lecture on “Challenges of the Post-Westphalian Order.” Among the challenges to traditional public international law he discussed were non-state actors and the effectiveness of international rules and standards.

Tomorrow, students will travel to Belgium’s nearby capital, Brussels, for a day of professional development briefings at a variety of law offices.

On Belgium World Cup day, 2018 Georgia Law-Leuven Centre Global Governance Summer School begins

LEUVEN – Our 2018 Global Governance School has just begun in this centuries-old university city, where sidewalks cafes are awash in outdoor plasma screens and bedecked with Belgian flags, all in anticipation of the Red Devils’ knockout World Cup match this evening against Japan.

This is the 2d year that our University of Georgia School of Law Dean Rusk International Law Center has presented this summer school in partnership with the Leuven Centre for Global Governance Studies at KU Leuven, one of Europe’s premier research institutions. It continues a 4-decades-old Georgia Law tradition of summer international education in Belgium.

Today, students from Georgia Law and a range of European universities came together for three lectures designed to introduce them to the concept and practice of global governance:

1st, yours truly, Georgia Law Professor Diane Marie Amann (left), Emily & Ernest Woodruff Chair in International Law and one of our Center’s Faculty Co-Directors, presented a classical account of international law. Using the example of the ongoing controversy over the Chagos Islands, I then raised questions of the challenges posed by the state-centric system at the core of that account.

2d, Dr. Leonie Reins (below), an Assistant Professor in Law at Tilburg University in the Netherlands, focused on issues related to climate change as a way to explore challenges of international environment law governance.

3d, Georgia Law Professor Harlan G. Cohen (top), Gabriel M. Wilner/UGA Foundation Professor in International Law and one of our Center’s Faculty Co-Directors, answered the question “Why Global Governance?” Concepts like the tragedy of the commons and game theory informed his presentation.

The week’s coursework resumes tomorrow, when a quartet of American and European experts will deliver lectures on trade and sustainable development.

Professor Bruner publishes chapter on “How Small Jurisdictions Compete in International Financial Services”

Christopher M. Bruner, J. Alton Hosch Professor of Law here at the University of Georgia School of Law, has just published “How Small Jurisdictions Compete in International Financial Services.”

This chapter appears in Integration and International Dispute Resolution in Small States, a 2018 Springer volume edited by Petra Butler (Victoria University of Wellington, New Zealand), Eva Lein (University of Lausanne, Switzerland), and Salim Rhonson (Open University).

Bruner’s contribution is a revised version of his keynote address at a conference on “International Financial Services and Small States,” held in London in 2017.

Professors Hall and Turner present in Netherlands, at Association for Law, Property and Society annual meeting


Professors Matthew I. Hall and Christian Turner, both members of the University of Georgia School of Law faculty, recently presented at the annual meeting of the annual conference of the Association for Law, Property & Society, held this year at the University of Maastricht in the Netherlands.

Hall (pictured top left) and Turner delivered their presentation, entitled “The Judicial Agenda and Angry Neighbors,” as part of a 5-paper panel on “Designing Optimal Rules, Markets, and Registries in Property Law.”

Known by its acronym ALPS, the Association for Law, Property & Society “brings together scholars from different disciplines to discuss their work and to foster dialogue among those working in property law, policy, planning, social scientific field studies, modeling, and theory.”

Professor Bruner compares UK, US business practices in new “Research Handbook on Fiduciary Law”

Christopher M. Bruner, J. Alton Hosch Professor of Law here at the University of Georgia School of Law, has just published “Opting Out of Fiduciary Duties and Liabilities in U.S. and U.K. Business Entities.” It appears as a chapter in a 2018 Edward Elgar volume, entitled Research Handbook on Fiduciary Law, and edited by D. Gordon Smith, Dean and Glen L. Farr Professor of Law at Brigham Young University’s J. Reuben Clark Law School,  and Andrew S. Gold, Professor of Law at DePaul University College of Law.

Here’s the SSRN abstract for Bruner’s contribution:

This chapter explores the extent of contractual freedom to opt out of fiduciary duties and liabilities in U.S. and U.K. business entities, including the U.S. corporation, general partnership, limited partnership, limited liability partnership, and limited liability company, and the U.K. limited company, general partnership, limited partnership, and limited liability partnership.

Discernible commonalities emerge from this comparative analysis. Notably, corporate law readily permits reducing liability exposure for breaches of duty in each jurisdiction, yet provides only quite limited capacity to carve back at the substance of the duties themselves. Meanwhile, unincorporated entities in each jurisdiction offer substantially greater latitude to limit the duties themselves, in some cases resulting in purely contractual business relationships.

Yet substantial differences are also apparent. U.S. corporate law permits greater insulation from liability exposure, and U.S. unincorporated entities generally provide clearer and more extensive latitude to eliminate default duties of loyalty and care outright (particularly in Delaware). One cannot comprehensively declare that U.S. law universally deviates further from the “fiduciary” governance paradigm, however, because the U.K. limited liability partnership has gone further by providing an entity form in which no such general default duties apply at all.

The analysis raises some complex comparative questions, and the chapter closes with brief reflections on why such trends, commonalities, and divergences may have arisen.

Professor Amann publishes “Bemba and Beyond,” on accountability and command responsibility, at EJIL: Talk!

One week after the International Criminal Court Appeals Chamber acquitted a Congolese politician-warlord whom a Trial Chamber unanimously had convicted of rape, pillage, and other crimes, practitioners and scholars continue to debate the decision’s significance. Indeed, the case, Prosecutor v. Bemba, has been invoked in both the papers so far presented at the 2-day ICC Scholars Forum now under way at Leiden Law School’s Hague campus.

My own initial thoughts – concerned not about the decision’s fact-based details but rather to its refashioning of the legal doctrine of command responsibility – have been published at EJIL: Talk!, the blog of the European Journal of International Law. My post, entitled “In Bemba and Beyond,” discusses command responsibility as “a time-honored doctrine with roots in military justice and international humanitarian law.” Placing this appeals judgment in the context of other decisions, the post warns:

“Together, such rulings suggest a turn away from the goal of assigning responsibility at high levels, and toward a jurisprudence which acknowledges (with regret) the commission of crimes, yet holds no cognizable legal person responsible.”

Full post here.

(Cross-posted from Diane Marie Amann)