Georgia Law Professor MJ Durkee presents on inclusion and exclusion in international organization rulemaking at OECD-Leuven Centre roundtable

Professor Melissa J. “MJ” Durkee, 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, presented yesterday in an online roundtable forum co-sponsored by the Organisation for Economic Co-operation and Development and the Leuven Centre for Global Governance Studies at KU Leuven, a premier university in Belgium.

Durkee spoke on “Inclusion and Exclusion of For-Profit Stakeholders in IO Rulemaking: Considerations and Pathways” in the roundtable, the overall theme of which was “Improving Inclusiveness of International Organization Rule-Making.” Other presenters included academics and practitioners based not only in the United States and Belgium, but also Czechoslovakia, France, Germany, Italy, the Netherlands, Norway, Poland, Spain, and the United Kingdom.

The forum took place in preparation for an edited volume to be published by the Secretariat of the OECD, a Paris-based international organization to which nearly forty countries, including the United States, belong.

The Leuven Centre and Georgia Law’s Dean Rusk International Law Center are partners in an annual Global Governance Summer School in Belgium and the Netherlands.

Georgia Law Professor Christopher Bruner presents on corporate risk and sustainability at the University of Oslo

Christopher M. Bruner, the Stembler Family Distinguished Professor in Business Law here at the University of Georgia School of Law, presented on “Corporate Risk, Shareholder Liability, and the Role of Intermediaries” as part of a “Corporate Law, Corporate Governance and Sustainability” panel at a conference last month at the University of Oslo Faculty of Law in Norway.

Bruner also moderated another session and participated in an invitation-only research-collaboration workshop.

Entitled “The Risks of Unsustainability Conference,” the University of Oslo gathering brought together “academics from various fields to discuss how a research-based concept of risks of sustainability can be placed at the centre of law and policy, in business and finance, to contribute to ensuring a safe and just space for all living beings on this planet,” with the goal of “generat[ing] holistic inclusion of the risks of unsustainability at a systemic level, and unlock[ing] the potential of new modalities of sustainability law.”

In addition to Norway and the United States, the conference welcomed scholars based in Denmark, Italy, the Netherlands, Poland, Sweden, and the United Kingdom.

Scholarly achievements, vibrant initiatives highlighted in newsletter of Dean Rusk International Law Center, University of Georgia School of Law

For a recap of the year’s research and global practice accomplishments, have a look at the newly published newsletter of the Dean Rusk International Law Center at the University of Georgia School of Law. Features include:

Scholarly achievements of our Center Director, Melissa J. Durkee, and our many other globally minded faculty, including Diane Marie Amann and Harlan G. Cohen, our Center’s Faculty Co-Directors, as well as Zohra Ahmed, Christopher Bruner, Jason Cade, Nathan Chapman, Walter Hellerstein, Thomas Kadri, Jonathan Peters, Peter B. “Bo” Rutledge, Tim Samples, and Laura Phillips-Sawyer.

► The exceptional performance of the Georgia Law students who competed in the 2022 Philip C. Jessup International Law Moot Court Competition, placing second in the United States, competing through octofinals internationally, and tying for best overall oralist through the International Advanced Rounds.

► Our International Law Colloquium in Spring 2022, a course featuring works-in-progress conversations with international law scholars based in Latin America and Europe as well as the United States.

► Recent events, including our day-long conference on “The Law of Global Economic Statecraft” cosponsored with the Georgia Journal of International & Comparative Law and other University of Georgia entities, our Consular Series of talks with diplomats, presentations by distinguished lawyers on issues including the Ukraine-Russia war, and participation in panels at meetings of the American Branch of the International Law Association, the American Society of International Law, and other global entities.

► Initiatives aimed at preparing our J.D. and LL.M. students for global legal practice, including our NATO Externship, our Global Externships, and the Global Governance Summer School we host in partnership with the Leuven Centre for Global Governance at Belgium’s University of Leuven (plus additional partnerships with O.P. Jindal University in India and Bar Ilan University in Israel).

The full newsletter is here.

Georgia Law Professor Laura Phillips-Sawyer’s book, “American Fair Trade,” featured on German radio broadcast

Featured recently in a broadcast on a German public radio station was Georgia Law Professor  Laura Phillips-Sawyer, author of American Fair Trade: Proprietary Capitalism, Corporatism, and the ‘New Competition,’ 1890-1940 (Cambridge University Press 2019).

The Deutschland Rundfunk Kultur broadcast by Caspar Dohmen – entitled “Aufstieg und Zerschlagung des Rockefeller-Konzerns,” or “Rise and breakup of the Rockefeller corporation” – profiled John D. Rockefeller (1839-1937), an American magnate of the so-called Gilded Age, and, in Dohmen’s words, “the first billionaire.”

Rockefeller, along with Henry M. Flagler and others, founded Standard Oil Co., a corporation that figured in precedent-setting U.S. Supreme Court antitrust litigation. This history figures in to Phillips-Sawyer’s book, and she is quoted at length in the broadcast. Some examples:

“The Gilded Age was a time of massive technological change. … There were new big players, but also horizontal mergers where different manufacturers got together and said: Let’s solve the problem of price competition by coordinating and either fixing prices or dividing markets. Partly they were looking for stability in this time of rapid technological change. …”

“If you look at Standard Oil and what Rockefeller and Flagler and his house attorney S.C. Dodd did: A lot of it was creative destruction and smart business strategy! … The oil company also built up a fleet of tankers, first for rail and later for road. … [T]hey made all sorts of innovations that were beneficial to consumers. But then there were moments when they crossed a line and tried to crush their competitors. This is when we need police, surveillance and regulation. You have to enforce the law to keep a market functioning.”

“It took a long time for the case law to change to allow the federal government to intervene in interstate commerce. … A great deal of uncertainty remained about the answer to this question until the New Deal period in the 1930s.”

Video available for “The Law of Global Economic Statecraft,” conference held October 24 at Georgia Law

Anyone who missed our October 24 University of Georgia School of Law conference entitled “The Law of Global Economic Statecraft” are most welcome now to view the event online.

As posted, an interdisciplinary and international range of speakers came together to address the intensifying geopolitics of sanctions, economic pressure, economic competition t this annual conference of the Georgia Journal of International and Comparative Law, which was cosponsored by the Dean Rusk International Law Center, and other University of Georgia units: Willson Center for Humanities & Arts; Georgia Law students’ International Law Society; the Center for International Trade & Security, School of Public & International Affairs; the Department of History, Franklin College of Arts & Sciences; and the Department of Economics, Terry College of Business.

Keynoting the conference was a book discussion with Cornell University historian Nicholas Mulder, author of The Economic Weapon: The Rise of Sanctions as a Tool of Modern War (Yale University Press 2022).

The video link is here. Times and descriptions of each panel are as follows:

00:07 Panel 1: How We Got Here, with Zohra Ahmed, Assistant Professor of Law, University of Georgia School of Law; Mona Ali, Associate Professor of Economics, State University of New York-New Paltz; Harlan Grant Cohen, Gabriel M. Wilner/UGA Foundation Professor in International Law and  GJICL’s Faculty Advisor; Nicholas Mulder, Assistant Professor and Milstein Faculty Fellow, Cornell University Department of History.

01:31 Panel 2: Where We Are, with Lauren Brown, Associate, Squire Patton Boggs, Washington, D.C.; Sarah Bauerle Danzman, Director, Tobias Center for Innovation in International Development, and Associate Professor, International Studies, Indiana University-Bloomington; Maryam Jamshidi, Associate Professor of Law University of Florida Levin College of Law; Tom Ruys, Professor, Faculty of Law and Criminology, Department of European, Public, and International Law, Ghent University, Belgium; and Jan Zahradil, Member, European Parliament.

02:53 Panel 3: Where We’re Headed, with Melissa J. “MJ” Durkee, Associate Dean for International Programs, Director of the Dean Rusk International Law Center, and Allen Post Professor, University of Georgia School of Law; Elena Chachko, Lecturer on Law, Harvard Law School; J. Benton Heath, Assistant Professor of Law, Temple University Beasley School of Law; Henry Farrell, SNF Agora Institute Professor of International Affairs at SAIS, Johns Hopkins University; and Mona Paulsen, Assistant Professor of Law, London School of Economics Law School, England.

04:17, Keynote Book Discussion of The Economic Weapon: The Rise of Sanctions as a Tool of Modern War, with (pictured above, from left) author Nicholas MulderLaura Phillips-Sawyer, Associate Professor at the University of Georgia School of Law; and Scott Reynolds Nelson, Georgia Athletic Association Professor at the University of Georgia Department of History.

In court and in Congress, Georgia Law clinics continue efforts on behalf of immigrant women alleging abuse, retaliation while in ICE detention

University of Georgia School of Law clinics’ faculty and students have continued to press forward– both in court and in Congress – in challenges they have brought on behalf of women clients who are challenging the abuses they endured while in U.S. immigration detention.

As previously posted, Georgia Law’s Community HeLP Clinic and First Amendment Clinic have pursued administrative, judicial, and advocacy paths in support of women who had been in the custody of U.S. Immigration and Customs Enforcement (ICE) at the Irwin Detention Center, a privately run facility in south Georgia. While there, the women were subjected to nonconsensual, gynecological and other medical procedures; those who spoke out were met with retaliatory acts, including attempted or actual removal from the United States.

For more than two years, the Georgia Law clinics have represented some of these women in judicial and administrative proceedings. Associate Dean Jason A. Cade, Director of the Community HeLP Clinic, and Professor Clare R. Norins, Director of the First Amendment Clinic, are among co-counsel in Oldaker v. Giles, a class action complaint pending before Judge W. Louis Sands, U.S. District Court for the Middle District of Georgia. Assisting them have been Staff Attorney Kristen Shepherd, Legal Fellow Lindsey Floyd, and many law students.

The Oldaker litigation took a new turn last Monday, when Judge Sands granted a contested motion and thus added two new named plaintiffs, both of them represented by the Georgia Law clinics.

Congressional action occurred earlier last month, when the Senate’s Permanent Subcommittee on Investigations held a hearing on “Medical Mistreatment of Women in Ice Detention,” on November 15 at the Dirksen Senate Office Building in Washington, D.C.

That same day, the subcommittee – led by its Chairman, Sen. Jon Ossoff (D-Georgia), and Ranking Member, Sen. Ron Johnson (R-Wisconsin), simultaneously released a 103-page Staff Report (pictured above) based on its 18-month investigation of the issue. The report recounted many incidents on which the Oldaker suit is based, and further incorporated information provided by six plaintiffs, one of them represented by the Georgia Law clinics. Among other key findings, the report stated that:

  • The women detainees “appear to have been subjected to excessive, invasive, and often unnecessary gynecological procedures” by one of the center’s physicians; and
  • ICE “did not employ a thorough vetting process,” and, before hiring the physician in question, “was not aware of publicly available information regarding medical malpractice suits” and other complaints against him.

Georgia Law Professors Amann, Cohen, Durkee participate in Research Forum and other ASIL Midyear Meeting events

University of Georgia School of Law Dean Rusk International Law Center professors took part in Research Forum panels at the 2022 American Society of International Law Midyear Meeting, held last weekend in Florida, at the University of Miami School of Law.

Our Center’s Director, Professor Melissa J. “MJ” Durkee (top right), who is also Associate Dean for International Programs and Allen Post Professor here at Georgia Law, presented “The Pledging World Order,” her article forthcoming in Yale Journal of International Law, at a Research Forum panel entitled “Global Trends in International Law-Making,” at which Hannah Birkenkoetter, Instituto Tecnológico Autónomo de México, and Nicolas Lamp, Queen’s University Faculty of Law in Canada, presented, with Jeffrey Dunoff, Temple University School of Law in Philadelphia, as discussant.

Meanwhile, Diane Marie Amann (left, in yellow jacket), who is Regents’ Professor of International Law, Emily & Ernest Woodruff Chair in International Law, and a Faculty Co-Director of our Center, served as discussant for a Research Forum panel, entitled “The Behavior of International Courts,” at which Barbara Bazánth, Alina Papanastasiou, and Piero Vásquez Agüero presented works in progress drawn from their dissertation research. All three are Ph.D. candidates, at, respectively, Eötvös Loránd University in Hungary, University of Cambridge in England, and Universidad Nacional Autónoma de México.

The Editorial Board of the Society’s American Journal of International Law also met during the Midyear Meeting. AJIL Board member Durkee attended in person, while a 3d member of the Georgia Law faculty, AJIL Board member Harlan Grant Cohen (bottom right), who is the Gabriel M. Wilner/UGA Foundation Professor in International Law and a Faculty Co-Director of our Center, attended online.

Present at this weekend’s biennial meeting of the ASIL Executive Council were Durkee, who is a Council member, and Amann, who is an ASIL Counsellor.

Georgia Law Professor Bruner serves as commentator at University of Oslo launch of book on business and sustainability

Christopher M. Bruner, the Stembler Family Distinguished Professor in Business Law here at the University of Georgia School of Law, served as a commentator Thursday at a book launch hosted by the Faculty of Law at the University of Oslo, Norway.

The book, Innovating Business for Sustainability: Regulatory Approaches in the Anthropocene (Elgar 2022) is an essay collection edited by Professors Beate Sjåfjell, University of Oslo, Carol Liao, University of British Columbia in Canada, and Aikaterini Argyrou, Nyenrode Business University in the Netherlands. All three co-editors took part in the online launch event. Professor Cecilia Bailliet of the University of Oslo served as commentator along with Georgia Law Professor Bruner.

In a published item regarding the book – which is the second publication under the auspices of Daughters of Themis: International Network of Female Business Scholars – Bruner has written:

“There is growing recognition that the interconnected global crises we face require urgent reforms to the conduct of business, yet the nature and extent of such reforms remain hotly debated. This essential volume compellingly argues that we must embed the concept of sustainability at the very heart of corporate law, and the authors’ expert analyses challenge us to rethink prevailing regulatory approaches in light of the gendered nature of existing structures and the complexity of social-ecological systems.”

Georgia Law Professors Durkee, Amann in key roles at annual International Law Weekend conference in New York

Our University of Georgia School of Law Dean Rusk International Law Center was well-represented at last week’s International Law Weekend, the annual 3-day conference of the American Branch of the International Law Association held at multiple venues in New York City. Theme of this year’s conference, which marked the centennial anniversary of the American Branch, was “The Next 100 Years of International Law.”

Our Center’s Director, Professor Melissa J. “MJ” Durkee, who is also Associate Dean for International Programs and Allen Post Professor here at Georgia Law, served as a Co-Chair of the ILW conference. She also chaired Friday’s keynote address, on “The Biden Administration’s Approach to International Justice,” delivered by Beth Van Schaack, U.S. Ambassador-at-Large for Global Criminal Justice.

On Saturday, Diane Marie Amann, who is Regents’ Professor of International Law, Emily & Ernest Woodruff Chair in International Law, and a Faculty Co-Director of our Center, took part in exploration of “The Legitimacy and Fundamental Principles of International Human Rights Law.” Moderated by Mortimer Sellers (Maryland), the panel also featured as speakers Gloria Y.A. Ayee (Harvard), Hélène Ruiz Fabri (Max Planck Institute Luxembourg), and Aaron Xavier Fellmeth (Arizona State). In her own talk on legitimacy and human rights, Amann discussed her article on international child law and peace negotiations, which grew out of a University of Cambridge Lauterpacht Centre settlement options project. (Article available here; prior posts here and here.)

Georgia Law was honored to serve as a Gold Level cosponsor of this conference.

Georgia Law Professor Amann presents “Absent at the Creation? Nuremberg Women and International Justice” at Max Planck Luxembourg conference

Georgia Law Professor Diane Marie Amann opened a 2-day conference on “Women & International Law” with a presentation entitled “Absent at the Creation? Nuremberg Women & International Criminal Justice.” Also on the initial panel, which Temple Law Professor Jaya Ramji-Nogales moderated, were Professor Helena Alviar García, (Sciences Po-Paris, France), Ph.D. candidate Justina Uriburu (Geneva Graduate Institute, Switzerland), and Professor Ignacio de la Rasilla (Wuhan University, China).

The conference took place last Thursday and Friday at the Max Planck Institute Luxembourg for Procedural Law, whose Director is Professor Hélène Ruiz Fabri. It featured more than 4 dozen scholars and other experts from across the globe, including several from Australia, New Zealand, and the South Pacific. The chapters they presented will appear in a forthcoming Oxford Handbook on Women and International Law, co-edited by Ramji-Nogales and Ruiz Fabri along with Baltimore Law Professor Nienke Grossman and Howard Political Science Professor J. Jarpa Dawuni.

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 here at the University of Georgia School of Law, presented on an aspect of her ongoing research into the roles and experiences of lawyers and other women professionals at post-World War II international criminal trials.