“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.
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.
BRUSSELS – Students taking part in the Global Governance Summer School went to Brussels today for professional development briefings. They were exposed to a range of practice areas, from non-governmental organization advocacy, to intergovernmental work, to private law practice.
The day began with a visit to the Unrepresented Nations and Peoples Organization (UNPO). There, students were treated to a dialogue on human rights lawyering with Ralph J. Bunche (left), UNPO General Secretary and Professor Diane Marie Amann. They discussed the work of the organization — advocating for the self-determination of unrepresented peoples and nations — and the day-to-day work of advocacy in a human rights organization.
Next, the group traveled to the new headquarters of the North Atlantic Treaty Organization (NATO). Steven Hill (fifth from the right, at right), Legal Adviser and Director of the Office of Legal Affairs, took students on a tour of the facility and provided an overview of the work of the Legal Office at NATO. He particularly focused on the text of the North Atlantic Treaty, emerging technologies, and contemporary challenges to the NATO alliance.
Finally, students heard from David Hull (JD ’83) and Porter Elliot (JD ’96) (left), partners at Van Bael & Bellis about private law practice in Brussels. They discussed the practice areas of the firm – primarily European Union competition law and trade law. They shared candid career advice with students, including their personal stories of going from law school in Athens, Georgia to law practice in Brussels.
The day concluded with a reception, graciously hosted by Van Bael & Bellis. The second annual Friends of the Dean Rusk International Law Center Reception, we were pleased to reconnect with alumni/ae and other European partners of the Center.
Tomorrow, the students will return to the classroom, and celebrate the 4th of July deepening their understanding of international law.
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.)
“Victors’ Justice and the New Turn to Transnational Process” is the title of a paper that Professor Diane Marie Amann presented earlier this month in England, as part of an Oxford University conference, which took place over the course of 2 days at the Law Faculty’s Bonavero Institute of Human Rights, Mansfield College, and at St. Antony’s College.
Through the lens of the “victors’ justice” critique that some late 20th century scholars used to describe post-World War II trials at Nuremberg and Tokyo, the paper examines contemporary interest in transnational means of prosecuting international crimes.
An expert in international criminal law and human rights, Amann is the 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. For a portion of 2018, she was a Research Visitor/Visiting Fellow at Bonavero/Mansfield College.
Honored to have contributed on the doctrine of command responsibility to the newest edition of ICC Forum, an online publisher of essays on human rights and international criminal law. My essay was one of several responding to this question, posed by the editors:
“What does the Bemba Appeal Judgment say about superior responsibility under Article 28 of the Rome Statute?”
My own response, entitled “In Bemba, Command Responsibility Doctrine Ordered to Stand Down,” amplified an argument I’d made in an EJIL: Talk! contribution last year (prior post).
Specifically, it traced the development of the international-humanitarian- law/law-of-armed-conflict-doctrine that places on military commanders a burden greater than that shouldered by other combatants. It then turned to the International Criminal Court Appeals Chamber’s 2018 judgment in Bemba. The majority’s interpretation of the ICC Statute’s command-responsibility provision, my essay argued, risks tolerating “derelictions of duty” so as “to condone indiscipline,” and thus “to increase the risks of the very harms that the doctrine of command responsibility is intended to dispel.” As a result, perhaps “no one can be held to account.”
Other invited experts who contributed essays were: Miles Jackson, Associate Professor of Law, Jesus College, University of Oxford; Michael A. Newton, Professor of the Practice of Law and Political Science at Vanderbilt University Law School; Nadia Carine Fornel Poutou, Executive President Association of Women Lawyers of Central African Republic; and Leila Nadya Sadat, James Carr Professor of International Criminal Law at Washington University School of Law.
ICC Forum is supported by the Promise Institute for Human Rights at UCLA School of Law; UCLA Law Professor Richard H. Steinberg serves as Editor-in-Chief.
(Cross-posted from Diane Marie Amann)
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.