And so, following on last week’s post outlining the first part of our daylong conference, we’re pleased in this post to recap the second segment, video of which is available here. (The full series, meanwhile, is available here.)
Featured in this segment is the day’s second panel, “Anti-Racism, Decolonization and Environmental Protection,” moderated by Harlan G. Cohen, Gabriel M. Wilner/UGA Foundation Professor in International Law and Faculty Co-Director of the Dean Rusk International Law Center at Georgia Law (pictured above, top right). Joining him were 4 panelists (pictured clockwise from middle right): Sumudu Anopama Atapattu, Director of Research Centers and Senior Lecturer at Wisconsin Law; Robin Bronen, Executive Director of the Alaska Institute for Justice; Usha Natarajan, Edward W. Said Fellow at Columbia University; and Sarah Riley Case, Boulton Junior Fellow at McGill University Faculty of Law in Canada.
Together, they consider the part of Principle 1 of the Stockholm Declaration that declares:
“In this respect, policies promoting or perpetuating apartheid, racial segregation, discrimination, colonial and other forms of oppression and foreign domination stand condemned and must be eliminated.”
In view of that statement, panelists ask inter alia: whether and to what extent the substantive protections of international environmental law addresses environmental racism; whether and to what extent indigenous peoples, racial and ethnic minorities, or formerly colonized peoples can access, use, or affect the development of international environmental law; and whether and to what extent international environmental law has incorporated the concept of consent by affected communities.
Stay tuned for our video recap of the final conference segment.
Christopher M. Bruner, the Stembler Family Distinguished Professor in Business Law here at the University of Georgia School of Law, co-presented a seminar entitled “Comparative Analysis of Common-Law Countries” as part of the PhD Seminar on Company and Markets that was hosted online in October by the Research Group on Companies, Markets and Sustainability, a unit of the Faculty of Law, Department of Private Law, at the University of Oslo in Norway.
Joining Bruner in presenting the seminar was Professor Carol Liao, Director of the Centre for Business Law at the Peter A. Allard School of Law, University of British Columbia, Vancouver, Canada. Scholars from Denmark, Finland, Germany, Greece, Italy, Lithuania, the Netherlands, Norway, Portugal, Singapore, Spain, Sweden, and the United Kingdom also presented in the course of the weeklong University of Oslo event.
This daylong conference addressed, in the words of MJ Durkee, the Georgia Law faculty member who conceptualized it,
“one of the foremost challenges of our time: What the international community can do about the crises facing our environment and the link between environmental health and human flourishing.”
Durkee, who is Associate Dean for International Programs, Director of our Dean Rusk International Law Center, and Allen Post Professor, further noted the timeliness of the conference:
“The Stockholm Declaration, in addition to launching the field of international environmental law 50 years ago, was also among the first to articulate the idea of a human right to a healthy environment, and to elevate this as a matter of world concern. Just today, in Geneva, the UN Human Rights Council has been deliberating over a resolution recognizing that this human right to a healthy environment has matured into an internationally recognized human right.”
Also in this segment is the first of three panels, entitled “The Rights-Based Approach to Environmental Protection,” and featuring a global array of panelists: Nnimmo Bassey, Director, Health of Mother Earth Foundation, pictured at bottom center; Tyler Giannini, Clinical Professor and Co-Director of the Harvard Human Rights Program and the International Human Rights Clinic at Harvard Law, top right; Kate Mackintosh, Executive Director, Promise Institute for Human Rights, UCLA Law, middle left; Katie O’Bryan, Lecturer, Monash University, Australia, middle right; and moderator Diane Marie Amann, 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, top left.
Her welcome, as well as introductory remarks from Georgia Law Dean Peter B. “Bo” Rutledge and Eva Hunnius Ohlin, Senior Advisor for Energy and Environment at the Embassy of Sweden in Washington, D.C., appear in the first of three conference video segments, available here.
“Man has the fundamental right to freedom, equality and adequate conditions of life, in an environment of a quality that permits a life of dignity and well-being …”
Considering that claim in relation to “humankind,” panelists explored a range of issues, including: the utility, or not, of the rights-based approach; comparison of the rights-based approach with others, including the rights of nature and harmony with nature; and the recent civil-society promulgation of a definition of the international crime of ecocide, with the aim of amending the 1998 Rome Statute of the International Criminal Court to include this crime.
Interested in other segments of our Stockholm conference? Stay tuned.
(Update: The full series of links is available here.)
Harlan Cohen, 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, discusses “Sources of International Law” in a podcast released this month.
He appeared on Borderline Jurisprudence, a podcast devoted to “philosophy and jurisprudence of international law,” in the words of its founders, Başak Etkin, Teaching and Research Fellow at Université Paris 2 Panthéon-Assas, France, and Kostia Gorobets, Assistant Professor at the University of Groningen in the Netherlands.
The conversation with Cohen covered an array of issues, including sources of international law, precedent, opinio juris, fragmentation, pluralism, and behavioral approaches to international law. Writings by Cohen and others, detailed in a bibliography available here, formed a foundation for the talk.
Further supporting the colloquium are staff at our Center; in particular, the Center’s Global Practice Preparation team, which includes Sarah Quinn and Catrina Martin. The colloquium further benefits from generous support from the Kirbo Trust Endowed Faculty Enhancement Fund and the Talmadge Law Faculty Fund.
Presenting at the Spring 2022 Colloquium (pictured above, clockwise from top left):
Georgia Law’s Diane Marie Amann is back from France, where last week she presented, at three venues, her ongoing research regarding women who worked at first post-World War II international criminal trial in Nuremberg, Germany.
Her journey, which occurred at the invitation of and with support from the U.S. State Department’s Consulate General in Lyon, coincided with the 75th anniversary of the International Military Tribunal : on September 30-October 1, 1946, the yearlong IMT trial ended with the reading of a verdict that convicted most of the twenty-one Nazis on trial; some of them also were sentenced to die by hanging.
The talks by 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, were as follows:
► At the Hôtel de Ville de Lyon, or Lyon City Hall, at a Thursday luncheon honoring the anniversary, she summarized her research (pictured above at upper right). It focuses on 6 women who worked at the IMT as lawyers or in other professional capacities, including analyst, translator, and interpreter. The group includes at least one woman from each of the Allied nations – from France, Great Britain, the Union of Soviet Socialist Republics, and the United States – that conducted the trial.
► At Maison d’Izieu, the site of a onetime children’s home in a village located near the Alps, about 65 miles east of Lyon, Amann presented “Le rôle des avocates et autres femmes d’exception au procès de Nuremberg” (“The Role of Lawyers and Other Women of Exception at the Nuremberg Trial”) (above at left). Her talk formed part of a daylong conference entitled “Actualité du procès de Nuremberg, 75 ans après” (“News about the Nuremberg Trial 75 Years Later”). Her talk focused on the only woman lawyer in the French delegation, Docteur-Maître-Juge Aline Chalufour (video here, at 2:14:40). Other speakers, among them Stéphanie Boissard, Matthias Gemählich, Jean-Paul Jean, Xavier-Jean Keita, Michel Massé, Guillaume Mouralis, and Philippe Sands, discussed other members of the French delegation, the trial as a whole, and its impact on contemporary trials at the International Criminal Court and other forums.
When the state outsources public functions to private actors and holds stock in private companies, when should it be responsible for environmental disasters, military activities, cyber-attacks, and other violations of international law?
10:30-11:45 a.m. The Geopolitics of Economic Competition
Harlan G. Cohen, who is Gabriel M. Wilner/UGA Foundation Professor in International Law and Faculty Co-Director of the Dean Rusk International Law Center at Georgia Law, will moderate this panel, which will map the new terrain of global competitive anxiety. Panelists Lauren Brown (Georgia Law JD’19) of Squire Patton Boggs, Sarah Bauerle Danzman of Indiana University Bloomington, Margaret Lewis of Seton Hall Law, and Henrique Choer Moraes of the Embassy of Brazil in New Zealand, will lay out various state policies being adopted, explores the choices facing those caught in the potential crosshairs, and further consider the ways in which international law and its regimes are being challenged, restructured, and reformed. The discussion promises to tell a story of flux and change from the viewpoint of the globe, the state, and the individual.
The full ILW program, which includes keynote addresses by many dignitaries, is here. Registration, which is free for students, is here.
Harlan Cohen, 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, has contributed a chapter entitled “Culture Clash: The Sociology of WTO Precedent” to a just-published essay collection.
Here’s the SSRN abstract for Professor Cohen’s chapter:
Thanks to the United States, the WTO Appellate Body can no longer hear appeals. Having blocked all appointments to the body, the United States has left its bench empty, with no members to fulfill its role. Among the United States’ justifications: The Appellate Body’s adoption of an apparent doctrine of precedent.
This chapter takes a deeper look at the fight over precedent at the WTO, both as a case study in the emergence and operation of precedent within international law and as a microcosm of the cultural conflicts playing out within the WTO. The chapter develops an account of precedent as a product of three overlapping, inter-dependent, and mutually constructed logics: (1) the jurisprudential, (2) the rational, and (3) the sociological. It then uses these three logics to retell the story of precedent at the WTO – the emerging patterns of argumentative practice, the Appellate Body’s adoption of a doctrinal test, and the escalating U.S. opposition to the “cogent reasons” standard that body applied. Seeing the fight over precedent as a function of all three logics reveals the real cultural fights for control of the WTO community of practice. Seeing that community of practice coalesce around and split over unwritten practices of precedent reveals how international law develops as much as a function of culture, training, and practice as of rules and power.
In addition to leading the Dean Rusk International Law Center, Durkee is Associate Dean for International Programs and the Allen Post Professor here at the University of Georgia School of Law. She is on the Board of Editors of the American Journal of International Law and is the supervising editor of AJIL Unbound. Both are publications of the American Society of International Law, for which Durkee serves as an Executive Council member and Vice Chair of the International Legal Theory Interest Group.
The 1972 United Nations Conference on the Human Environment produced the “Stockholm Declaration,” an environmental manifesto that forcefully declared a human right to environmental health and birthed the field of modern international environmental law. In celebration of its 50th anniversary volume, the Georgia Journal of International and Comparative Law is convening a symposium to reflect on the first 50 years of international environmental law and the lessons this history may hold for the future.
The symposium will include a keynote address by Dinah L. Shelton, Manatt/Ahn Professor of International Law Emeritus at George Washington University School of Law whose distinguished service in areas of human rights and environmental law includes President of the Inter-American Commission on Human Rights. Also featured will be scholars and practitioners from around the world, taking part in panel discussions and breakout sessions: on the rights-based approach to environmental protection; on anti-racism, decolonization, and environmental protection; and on the future of international environmental law. As indicated in the schedule below, the panels reflect themes in Principle 1 of the 1972 Stockholm Declaration, which states in full:
“Man has the fundamental right to freedom, equality and adequate conditions of life, in an environment of a quality that permits a life of dignity and well-being, and he bears a solemn responsibility to protect and improve the environment for present and future generations. In this respect, policies promoting or perpetuating apartheid, racial segregation, discrimination, colonial and other forms of oppression and foreign domination stand condemned and must be eliminated.”
The conference will take place on Zoom, though students and a limited number of registrants may attend in person. Details and registration here. The full schedule follows:
Welcome and Introduction by Georgia Law’s Peter B. “Bo” Rutledge, Dean, MJ Durkee, Associate Dean for International Programs, Director of the Dean Rusk International Law Center, and Allen Post Professor, 9 a.m.
Panel 1: The Rights-Based Approach to Environmental Protection, 9:10 a.m. (followed by breakout session at 10:25 a.m.)
Recalling Principle 1’s statement that humankind “has the fundamental right to freedom, equality and adequate conditions of life, in an environment of a quality that permits a life of dignity and well-being,” the following panelists will explore how and in what contexts the Stockholm Declaration’s rights-based approach to environmental protection is useful, as well as limitations of this approach:
Moderating will be Diane Marie Amann, 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
Panel 2: Anti-Racism, Decolonization, and Environmental Protection, 10:50 a.m. (followed by breakout session at 12:05 p.m.)
Recalling Principle 1’s statement that “policies promoting or perpetuating apartheid, racial segregation, discrimination, colonial and other forms of oppression and foreign domination stand condemned and must be eliminated,” the following panelists will explore how international environmental law addresses, or fails to address, environmental racism:
Moderating will be Harlan G. Cohen, Gabriel M. Wilner/UGA Foundation Professor in International Law and Faculty Co-Director of the Dean Rusk International Law Center at Georgia Law
Panel 3: International Environmental Law’s Future, 1 p.m. (followed by breakout session at 2:15 p.m.)
Recalling Principle 1’s statement that humankind “bears a solemn responsibility to protect and improve the environment for present and future generations,” the following panelists will explore what are the successes and failures of the last 50 years of environmental law, as well as the key international environmental law challenges for the next 50 years:
Rebecca M. Bratspies, Professor and Director of the Center for Urban Environmental Reform at CUNY Law
Jutta Brunnée, Dean, University Professor, and James Marshall Tory Dean’s Chair at the University of Toronto Faculty of Law in Canada
Cymie Payne, Associate Professor in the Department of Human Ecology and the School of Law, Rutgers University
Moderating will be MJ Durkee, Associate Dean for International Programs, Director of the Dean Rusk International Law Center, and Allen Post Professor at Georgia Law
Introduction of keynote by Adam D. Orford, Assistant Professor at Georgia Law, followed by keynote address, entitled “Stockholm Plus 50: Glass Half Full, Half Empty, or Shattered?” and delivered by Dinah L. Shelton, Manatt/Ahn Professor of International Law Emeritus at George Washington University School of Law, 2:40 p.m.
Closing remarks by Kimberlee Styple, Editor-in-Chief of the Georgia Journal of International and Comparative Law, 3:15 p.m.
Besides ASIL, many units of the University of Georgia are cosponsoring this event. They include the International Law Society, Environmental Law Association, Georgia Initiative for Climate & Society, Warnell School of Forestry & Natural Resources, School of Public & International Affairs, Center for International Trade & Security, Global Health Institute of the College of Public Health, School of Social Work, and College of Environment & Design.
Registration and details on the program and accommodations here.