human rights

David Tolbert’s speech at Georgia Law, hosted by Dean Rusk International Law Center, and more in new issue of Georgia Journal of International and Comparative Law

A speech that noted human rights lawyer David Tolbert delivered here at the University of Georgia School of Law (right) is available in the just-released edition of the Georgia Journal of International & Comparative Law.

The law school’s Dean Rusk International Law Center was honored to host Tolbert last autumn. Currently Ford Fellow/Visiting Scholar at the Duke University Sanford School of Public Policy and immediate past president of the International Center for Transitional Justice, Tolbert has held many leadership positions at international institutions. His survey of the state of human rights, a highlight of our Center’s academic year, has been published as Quo Vadis: Where Does the Human Rights Movement Go from Here?

It is one of many stimulating publications in the newest issue of Volume 47, No. 2 of this nearly half-century-old student-edited journal. Other articles are (hyperlink connects to PDF download):

► Two-Dimensional Hard-Soft Law Theory and the Advancement of Women’s and LGBTQ+ Rights Through Free Trade Agreements, by Raj Bhala, the Leo S. Brenneisen Distinguished Professor at the University of Kansas School of Law, and Cody N. Wood, an associate at Dentons LLP in Kansas City

► Refugee Crisis in Germany and the Right to a Subsistence Minimum: Differences That Ought Not Be, by Dr. Ulrike Davy, Professor of Constitutional and Administrative Law, International and German Social Law, and Comparative Law at Bielefeld University, Germany, and Visiting Researcher, Faculty of Law, University of Johannesburg, South Africa

► Democracy, Rule-of-Law, and Legal Ethics Education: Directing Lawyers to Support Democratization in Myanmar, by Dr. Jonathan Liljeblad, Senior Lecturer at the Australian National University College of Law, Canberra

The issue also includes the following notes, all by members of the just-graduated Georgia Law Class of 2019:

► Off with Their Heads! How China’s Controversial Human Head-Transplant Procedure Exceeds the Parameters of International Ethical Standards in Human Experimentation, by Deena Agamy

► Trading Places: With the United States in Retreat, Who Writes the International Rules for Trade?, by Austin C. Cohen

► What Not to Wear: Religious Dress and Workplace Policies in Europe, by Sarah Lanier Flanders

► Poland: Winds of Change in the Act on Windfarms, by Jacob T. McClendon

The entire issue is available here.

Global Governance Summer School visits the Hague Conference on Private International Law & museum

THE HAGUE — Students spent their second day in The Hague engaged in a mix of legal and cultural excursions.

Students spent the morning meeting with lawyers from the Hague Conference on Private International Law. There, they were treated to an overview of the world organization responsible for cross-border cooperation in civil and commercial matters. Students met with Laura Martinez-Mora, Secretary of the Permanent Bureau, and Frédéric Breger, Legal Officer (left). They provided an introduction to the history and structure of the HCCH, and provided a detailed overview of some of its many conventions, which cover topics including: family law matters such as child abduction, intercountry adoption, child protection, and maintenance obligations; forum selection as other procedural issues such as choice of court, taking evidence abroad, service abroad, and apostille. Finally, they touched upon the newly concluded Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters, which Dean Peter B. “Bo” Rutledge, raised during his session on international dispute resolution in Leuven last week. Students were interested to hear about the treaty-making process, as well as the aspects of the treaties, particularly those covering family law, that reinforced human rights treaties, such as the Convention on the Rights of the Child.

From left, Ayman Tartir, Steven Miller, Gamble Baffert, Charles Wells, Emily Snow, Holly Stephens, Lauren Taylor, Briana Blakely, Jessica Parker, and Kathleen Doty.

 

In the afternoon, the group visited Escher in Het Paleis, the museum dedicated to M.C. Escher, set in Queen Emma’s winter palace. There, students took in masterpieces, and thoroughly enjoyed the interactive top floor of the museum. Everyone’s inner child came out to play!

Tomorrow, students will visit the International Court of Justice and the International Criminal Court before concluding the 2019 Global Governance Summer School.

 

Belgium portion of the Global Governance Summer School concludes with an array of international law topics

LEUVEN – Today marks the final day of classroom sessions of the Georgia Law – Leuven Global Governance School, and the final day students will be resident in Leuven. Students took part in three sessions, which focused on business and human rights, international security governance, and concluded with an overview of challenges to international law and global governance.

First, Dr. Axel Marx (left), Deputy Director of the Leuven Centre for Global Governance Studies, presented on business and human rights. After examining several case studies in which corporate activities adversely affected human rights, participants learned how supply chain and corporate governance structures can affect a business’ ability to manage human rights. Dr. Marx introduced key global governance instruments, such as the United Nations Guiding Principles on Business and Human Rights, that can be used to hold states and corporations accountable for human rights violations.

IMG_6489Second, Kathleen Doty (right), Director of the Dean Rusk International Law Center at University of Georgia School of Law, led an interactive session on global security governance. Professor Doty introduced students to global security governance, including international humanitarian law and arms control law. She explained the development of this body of law, focusing on arms control agreements, and introduced several major regimes and their common features. The students then participated in an exercise; faced with a global security crisis, students were tasked with addressing it via treaty negotiation, illustrating the difficulty of international cooperation.

img_6512.jpgThe final session of the day provided an overview of international perspectives on and challenges to global governance, conducted by Professor Dr. Jan Wouters (left), Director of the Leuven Center for Global Governance Studies and the Co-Director of the Global Governance Summer School. Professor Wouters explained the history of globalization and the increase of economic, environmental, and human interdependence. He then explored challenges to the international system, such as anti-globalism, nationalism, and populism.

Student Ayman Tartir receives his diploma from Axel Marx.

Closing out a successful week of studies, students and faculty gathered at the Leuven Institute for Ireland in Europe for a concluding reception. Axel Marx and Kathleen Doty presented participants with attestations of completion.

Tomorrow, students from the University of Georgia School of Law will travel to The Hague, where they will visit international tribunals and organizations.

Global Governance Summer School students attend RECONNECT conference on democracy and the rule of law in the European Union

LEUVEN & BRUSSELS – The morning opened with an introduction to the European Union, presented by Michal Ovadek, a research fellow at the Leuven Centre for Global Governance Studies. An expert in the European Union legislative process, he provided an overview of the European Union architecture, and outlined the primary challenges to democracy in Europe. The session was designed to prepare students to participate fully in the rest of the day’s activities: a conference devoted to a research project aimed at reinvigorating core values of the European Union.

From left, Gamble Baffert, Charles Wells, Leila Knox, Emily Doumar, Maria Lagares Romay, Blanca Ruiz Llevot, Steven Miller, Alicia Millspaugh, and Briana Blakely.

The RECONNECT: Reconciling Europe with its Citizens through Democracy and the Rule of Law project, established by the Leuven Centre for Global Governance Studies, is supported by funds from the EU’s Horizon 2020 Research & Innovation programme. As part of the larger project, the Leven Centre convened the International Conference on Democracy and the Rule of Law in the EU. It gathered experts to discuss contemporary challenges to European Union integration, including judicial independence and rule of law, free press, and democratic institutions in countries like Poland and Hungary.

The conference took place in the Brussels’ beautiful Academy Palace, and opened with a welcome by Professor Jan Wouters (left), Co-Director of the Global Governance Summer School.

The conference featured keynote remarks by Daniel Keleman, Professor of Political Science and Law and Jean Monnet Chair in European Union Politics at Rutgers University, and Koen Lenaerts, President of the Court of Justice of the European Union (right). Two policy roundtables also featured perspectives from academics and advocates from around Europe on democracy and rule of law in the European Union, respectively.

From left, Kathleen Garnett, Holly Stephens, Steven Miller, Alicia Millspaugh, Emily Snow.

GGSS Professional development briefings in Brussels

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.

Georgia Law professors Harlan Cohen, Melissa J. Durkee featured in latest AJIL

Scholarship by 2 members of the international law faculty here at the University of Georgia School of Law is featured in the latest edition of the peer-reviewed American Journal of International Law, the premier publication of the century-old American Society of International Law. Specifically, volume 113, issue 2 includes works by:

► Harlan 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 School of Law and a member of the AJIL Board of Editors. He published a an Editorial Comment featured on the issue’s cover and entitled “What is International Trade Law For?” (pp. 326-46), as well as a review of Not Enough: Human Rights in an Unequal World, a 2018 Harvard University Press book by Samuel Moyn (pp. 415-19).

► Melissa J. Durkee, a J. Alton Hosch Associate Professor of Law. She too published a book review, of Lawmakers: International Organizations in the Crafting of World Markets, a 2017 Cambridge University Press volume by Susan Block-Lieb and Terence C. Halliday (pp. 422-28).

Georgia Law’s Elizabeth Weeks on “Healthism,” her new co-authored book about health-status discrimination

Pleased today to welcome a contribution from Elizabeth Weeks, Associate Dean for Faculty Development and J. Alton Hosch Professor of Law here at the University of Georgia School of Law. Weeks concentrates her teaching and scholarship in fields of law related to health care. In the post below, she introduces her new co-authored book, which will be of great interest to all concerned about the human right to health. It will be the subject on Wednesday, February 27, of a Georgia Law book panel featuring Law Professors Jennifer Bennett Shinall of Vanderbilt, Stacey Tovino of Nevada-Las Vegas, Ani Satz of Emory, and Nicolas P. Terry of Indiana-Indianapolis.

I am delighted to announce the recent publication by Cambridge University Press of my book, Healthism: Health Status Discrimination & the Law, co-authored with Jessica L. Roberts, Alumnae College Professor in Law  and Director of the Health Law & Policy Institute at the University of Houston Law Center.

Healthism proposes a new protected category – the unhealthy – and examines instances of discrimination against the unhealthy in multiple contexts:

Our book considers these and a host of other examples. It concludes that some operate as normatively wrong – or “healthist” – laws, policies, or practices. Others, however, are not only permissible, but also may be desirable, inasmuch as they encourage or support healthier lifestyles.

This book’s most important contributions are:

  • To introduce the concept of healthism into the lexicon; and
  • To invite ongoing dialogue about the merits and demerits of treating individuals differently based on their health status.

The genesis of our healthism project was the Patient Protection and Affordable Care Act of 2010, or ACA, which largely prohibits health status discrimination in health insurance in the United States.  Specifically, the ACA prohibits insurers from denying coverage based on preexisting conditions or charging higher premiums based on individual risk factors.

In 2010, single-payer health system, or a national health system, or even “Medicare for All,” were (and likely remain) political nonstarters in the United States. President Barack Obama’s signature law, the ACA, instead effected a sort of mandatory mutual aid society, a compelled communitarian approach, to health care.  In order to ensure that coverage for the unhealthy remained affordable, the law required most Americans to obtain health insurance – whether through eligibility for a government program or employer-sponsored plan, or by purchasing on the individual and small-group market – with government subsidies for some.

As of January 1, 2019, however, a critical pillar of that legislative design has been removed:

According to the Tax Cuts and Jobs Act, or TCJA, a law enacted in November 2017 under President Donald J.  Trump, the tax penalty associated with the so-called individual mandate no longer applies.  Americans now again are free to “go bare,” without any health insurance, or to purchase short-term, catastrophic-only, or other high-deductible/low-premium, limited coverage.  Many plans on the market still operate with the antidiscrimination provisions and other protections required by the ACA; however, no one any longer is compelled to purchase them.

The effect may well be to make those plans less affordable for the unhealthy – those who most need comprehensive coverage.  TCJA is just one of several U.S. reforms that threaten to erode legal protections for the unhealthy and so to reintroduce legal and social acceptance of healthism.

Our book stops short of proposing a model law or draft constitutional provision to comprehensively address this problem. Instead, it offers readers a workable rubric to navigating the shifting landscape of permissible and impermissible health-status discrimination.

The Carter Center’s Laura Olson to speak on the Universal Declaration of Human Rights

Picture1The Dean Rusk International Law Center at the University of Georgia School of Law welcomes Laura Olson, Director of the Human Rights Program at The Carter Center, to campus next Tuesday, November 6. She will give a lecture, “The Universal Declaration of Human Rights at 70.”

laura-olson-2

Olson has been with The Carter Center in Atlanta since July 2017. She previously held high ranking positions within the U.S. Departments of Homeland Security and the Department of State. Olson has also served as legal advisor to the International Committee of the Red Cross, supporting the ICRC Delegations in Washington DC, Geneva, and Moscow.

Sponsoring her talk with the Dean Rusk International Law Center is the International Law Society, Georgia Law’s chapter of the International Law Students Association.

Details here.

Accountability for harms to children during armed conflict discussed at Center-sponsored ILW panel

NEW YORK – Ways to redress offenses against children during armed conflict formed the core of the panel that our University of Georgia School of Law Dean Rusk International Law Center sponsored last Friday at International Law Weekend, an annual three-day conference presented by the American Branch of the International Law Association and the International Law Students Association. I was honored to take part.

► Opening our panel was Shaheed Fatima QC (top right), a barrister at Blackstone Chambers in London, who led a panel of researchers for the Inquiry on Protecting Children in Conflict, an initiative chaired by Gordon Brown, former United Kingdom Prime Minister and current UN Special Envoy for Global Education.

As Fatima explained, the Inquiry focused on harms that the UN Security Council has identified as “six grave violations” against children in conflict; specifically, killing and maiming; recruitment or use as soldiers; sexual violence; abduction; attacks against schools or hospitals; and denial of humanitarian access. With regard to each, the Inquiry identified legal frameworks in international criminal law, international humanitarian law, and international human rights law. It proposed a new means for redress: promulgation of a “single instrument” that would permit individual communications, for an expressed set of violations, to the Committee on the Rights of the Child, the treaty body that monitors compliance with the Convention on the Rights of the Child and its three optional protocols. These findings and recommendations have just been published as Protecting Children in Armed Conflict (Hart 2018).

► Next, Mara Redlich Revkin (2d from left), a Ph.D. Candidate in Political Science at Yale University and Lead Researcher on Iraq and Syria for the United Nations University Project on Children and Extreme Violence.

She drew from her fieldwork to provide a thick description of children’s experiences in regions controlled by the Islamic State, an armed group devoted to state-building – “rebel governance,” as Revkin termed it. Because the IS sees children as its future, she said, it makes population growth a priority, and exercises its control over schools and other “sites for the weaponization of children.” Children who manage to free themselves from the group encounter new problems on account of states’ responses, responses that Revkin has found often to be at odds with public opinion. These range from the  harsh punishment of every child once associated with IS, without considering the extent of that association, to the rejection of IS-issued birth certificates, thus rendering a child stateless.

► Then came yours truly, Diane Marie Amann (left), Emily & Ernest Woodruff Chair in International Law here at the University of Georgia School of Law and our Center’s Faculty Co-Director. I served as a member of the Inquiry’s Advisory Board.

Discussing my service as the Special Adviser to the Prosecutor of the International Criminal Court on Children in and affected by Armed Conflict, I focused on the preparation and contents of the 2016 ICC OTP Policy on Children, available here in Arabic, English, French, Spanish, and Swahili. The Policy pinpoints the crimes against and affecting children that may be punished pursuant to the Rome Statute of the International Criminal Court, and it further delineates a “child-sensitive approach” to OTP work at all stages, including investigation, charging, prosecution, and witness protection.

► Summing up the conversation was Harold Hongju Koh (2d from right), Sterling Professor of International Law at Yale Law School and former Legal Adviser to the U.S. Department of State, who served as a consultant to the Inquiry.

Together, he said, the presentations comprised “5 I’s: Inquiry, Iraq and Syria, the ICC, and” – evoking the theme of the conference – “international law and why it matters.” Koh lauded the Inquiry’s report as “agenda-setting,” and its proposal for a means to civil redress as a “panda’s thumb” response that bears serious consideration. Koh envisaged that in some future administration the United States – the only country in the world not to have ratified the Convention on the Rights of the Child – might come to ratify the proposed new  protocol, as it has the optional protocols relating to children in armed conflict and the sale of children.

The panel thus trained attention on the harms children experience amid conflict and called for redoubled efforts to secure accountability and compensation for such harms.

(Cross-posted from Diane Marie Amann)

Georgia Law’s international law librarian, Anne Burnett, takes part in global conference in Malaysia

Pleased today to welcome a contribution from Anne Burnett, who has served since 1996 as the foreign and international law librarian at the University of Georgia School of Law Alexander Campbell King Law Library. She earned her B.A. degree from the University of Nevada, her J.D. cum laude from Georgia Law, and her MLIS from the University of Texas in Austin. Burnett teaches International Legal Research, among other courses, at Georgia Law, and is active in global societies, as indicated in the post below.

Over 3,500 librarians and information professionals gathered in Kuala Lumpur, Malaysia, this past August 24-30 for the World Library and Information Congress (WLIC), the annual conference of the International Federation of Library Associations and Institutions (IFLA). As Secretary of the Standing Committee for the IFLA Law Libraries Section (I’m at center in the Standing Committee photo at top), I participated in a week of meetings, educational programs, leadership workshops and strategic planning.

I became involved in the IFLA Law Libraries Section because of its work supporting the rule of law by promoting access to information and access to justice globally. Our section’s business meetings this year concentrated on planning upcoming workshops for law librarians in Senegal and the country of Georgia (the latter in conjunction with the Georgian-Norwegian Rule of Law Association). The section has conducted similar workshops in Croatia, Côte d’Ivoire and Uganda. These workshops spotlight open access to legal materials and also provide a nucleus for law librarian networks in the targeted regions. The section also discussed means of promoting the principles set forth in the IFLA Statement on Government Provision of Public Legal Information in the Digital Age, drafted by Section members and adopted by IFLA’s Governing Board, to encourage governments to ensure access to information, identified as a right in Article 19 of the Universal Declaration of Human Rights and in the UN’s 2030 Agenda for Sustainable Development.

One of my greatest pleasures in serving as an officer of the Standing Committee is my collaboration with law and government librarians from all corners of the world who share a common goal of providing and preserving access to government and legal information. Our Section Standing Committee meetings this year included members and observers from Africa, Southeast Asia, Australia, China, Canada, Australia and Europe.

The Section also sponsored two educational programs during the Kuala Lumpur conference:

  • In a program titled The Role of Government and Law Libraries in Times of Crisis and Turmoil, three speakers, including Law Librarian of Congress Jane Sanchez, provided examples of different roles played by government and law libraries in responding to crises and with access to justice initiatives and social advocacy projects.
  • A second program, titled Legal Capability: Law as a Life Skill, discussed programs in Canada and in the United States that seek to improve “legal capability” in the general population.

Additional programs of interest addressed global copyright issues, the impact of AI on information science, and providing services to indigenous populations.

The conference schedule allowed for some sightseeing opportunities. Kuala Lumpur (KL), the capital and largest city of Malaysia, boasts record-setting skyscrapers housing national and international corporations, high-end fashion stores, insane traffic and delicious street food (right). The large convention center, where we met, is in the shadows of the twin towers (top right) of Malay’s Petroleum Company, Petronas, which are the emblematic symbol of the city. But KL’s architecture also reflects Portuguese, Dutch and British colonialism. The population is similarly diverse, with predominately Muslim Malaysians joined by significant Indian and Chinese populations. I was fortunate to take a trip to the outskirts of KL to see the Hindu temple at the Batu Caves (above left), an international pilgrimage site with imposing statues, natural limestone caves, and very friendly and bold resident Macaque monkeys!

During a day trip to the coastal town of Melaka (or Malacca), situated between KL and Singapore, I was struck by the stark contrast between the raucous Joncker Steet Night Market and the sobering architectural reminders of colonialism. The A Famosa Portuguese fort, built in the early 16th Century by forced indigenous labor, later fell under Dutch, then British control.  Modern independent Malaysia, however, embraces its position as an upper middle—income economy, and the Malaysians I met were excited about the energy and growth there.

For a report from the overall WLIC conference, including details of the Law Libraries Section’s business meetings, see the October issue of the FCIL SIS newsletter and the FCIS SIS blog post on the Law Libraries’ Section’s educational programs.