international environmental law

Five University of Georgia-based scholars present at 2022 annual conference of the European Society of International Law

Well represented at last week’s annual conference of the European Society of International Law were scholars from the University of Georgia.

Presenting at the conference were 4 professors affiliated with the University of Georgia School of Law – along with one researcher at the University of Georgia Digital Humanities Lab, sponsored by the Willson Center for the Humanities, and two scholars who earned their first degrees at the University of Georgia.

The 2022 ESIL conference took place at Utrecht University in the Netherlands, home institution of a recent Visiting Researcher at the Dean Rusk International Law Center here at Georgia Law, Professor Brianne McGonigle Leyh. Designed to explore the theme “In/Ex-clusiveness of International Law,” the conference began with Interest Group workshops on Wednesday. It concluded on Saturday

University of Georgia scholars’ presentations were as follows:

► Professor Diane Marie Amann (pictured above left) gave an online talk entitled “Absent at the Creation? Women and International Criminal Justice” as part of a Saturday hybrid session exploring “In/Ex-clusiveness of the Legal Construction of Justice.” The presentation drew on her research into the experiences of women professionals at post-World War II international criminal trials. Amann 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; additionally, she serves on the Coordinating Committee of ESIL’s Interest Group on International Criminal Justice. Also participating on this agora session were scholars from the Netherlands’ University of Amsterdam and Erasmus University, and also from the Irish Centre for Human Rights at the National University of Ireland-Galway.

► Professor Harlan Grant Cohen (second from left), 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, presented twice:

► Professor Melissa J. “MJ” Durkee (center), who is 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, likewise gave two presentations at the ESIL conference:

  • She presented “The Technology of Inclusion in International Climate Law,” a talk that drew from her forthcoming Yale Journal of International Law article The Pledging World Order, at a Wednesday workshop session entitled “Just Energy Transition – the International Human Rights Law Perspective.” The workshop’s overall title was “In/Ex-clusiveness in the Energy Transition and Climate Action”; host was the ESIL Interest Group on International Environmental Law. Also on Durkee’s panel were scholars from Leiden University in the Netherlands and from the China Institute of Boundary & Ocean Studies and Research Institute of Environmental Law of Wuhan University, China.
  • Durkee explored “The Logics of Inclusion and Exclusion in International Participatory Structures,” at a Thursday workshop entitled “International Organizations, Elites, and Masses: Perspectives on In/Exclusion,” and sponsored by the ESIL Interest Group on International Organizations. Her talk concerned an early-stage project that organizes perspectives on the inclusion and exclusion of nonstate actors in the activities of international organizations. Presenting other papers were scholars from the University of Hong Kong, the University of Melbourne in Australia, Max Planck Institute for Comparative Public Law & International Law in Germany the University of Hamburg in Germany, and the Guangdong University of Foreign Studies in China.

Meanwhile, Professor Tim R Samples (second from right), Associate Professor of Legal Studies at the University of Georgia Terry College of Business who has a courtesy appointment at Georgia Law, took part in three presentations.

  • Professor Samples and Dr. Katie Ireland (right), who recently joined the university’s DigiLab, spoke at two ESIL workshops along with their co-author, Caroline Kraczon, a Georgetown University Law Center 3L who earned her first degrees at the University of Georgia. Their paper, “Terms of Use Agreements and Social Platforms,” discusses their interdisciplinary project based on an original dataset of 75 digital platforms’ terms-of-use and core policies. The trio presented this research at the Wednesday workshop of the International Law & Technology Interest Group, on “Algorithmic and Technological Modes of In-/Exclusion: International Legal Method and Critique,” and also at “‘In/Ex-clusiveness through the Lens of International Business and Human Rights’” the Thursday workshop of the International Business & Human Rights Interest Group.
  • In addition, Samples co-presented Investment Law’s Transparency Gap, an article forthcoming in Cornell International Law Journal, with co-author Sebastian Puerta, a Ph.D. student in Economics at the University of California-Berkeley who earned his first degrees at the University of Georgia. Their work uses predictive modeling to estimate missing claims and awards in investment treaty arbitration. They spoke at a session of ESIL’s International Economic Law Interest Group, “In/ex-cluding Civil Society in Investment Law-making and Arbitration.” Also taking part in this session were scholars from the Institute of International Relations in Czechoslovakia, Ghent University and Université Libre de Bruxelles in Belgium, University of Vienna in Austria, University of Trento in Italy, and Carleton University in Canada.

The European Society’s 2023 annual conference, themed “Is International Law Fair?,” will begin with Interest Group workshops on August 30, and run through September 2, in Aix-en-Provence, France.

Professor MJ Durkee publishes essay on legacy of 1972 Stockholm Declaration in special issue of Georgia Journal of Comparative and International Law

Professor Melissa J. “MJ” Durkee, Associate Dean for International Programs, Director of the Dean Rusk International Law Center, and Allen Post Professor at the University of Georgia School of Law, published “International Environmental Law at Its Semicentennial: The Stockholm Legacy” in 50 Georgia Journal of International and Comparative Law 748 (2022), available at the journal’s website as well as SSRN.

The publication reflects upon issues raised at, the journal’s October 2021 conference, “The 1972 Stockholm Declaration at 50: Reflecting on a Half-Century of International Environmental Law.” (Prior posts and links to panel videos here)

Here’s the SSRN abstract of Professor Durkee’s essay:

“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. The historic event powerfully “dramatized . . . the unity and fragility of the biosphere,” sparking a remarkable period of international legal innovation and cooperation on environmental protection in the decades to come.

“The Stockholm Declaration can be rightly celebrated for putting environmental issues on the international legal agenda and driving the development of environmental law at the domestic level around the world. At the same time, the Declaration’s distinctive framing of environmental problems and solutions deeply influenced these abundant subsequent laws, and here its legacy is mixed. This special issue, in celebration of the Georgia Journal of International and Comparative Law’s 50th anniversary volume, evaluates the legacy of the Stockholm Declaration and the legal movement it launched.”

Published in the same journal issue were: “‘In Countless Ways and On an Unprecedented Scale’: Reflections on the Stockholm Declaration at 50” by Rebecca Bratspies, Professor of Law and founding Director of the Center for Urban Environmental Reform at CUNY School of Law; and “Legal Rights for Rivers” by Katie O’Bryan, Lecturer and Member of the Castan Centre for Human Rights Law, Faculty of Law, at Monash University in Australia.

Stockholm Declaration conference: link to video of Shelton keynote and panel on international environmental law’s future

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A superb third panel and keynote speech concluded “The 1972 Stockholm Declaration at 50: Reflecting on a Half-Century of International Environmental Law” conference that we at the Dean Rusk International Law Center and the Georgia Journal of International and Comparative Law at the University of Georgia School of Law hosted on October 8.

Following on our prior posts outlining the first and second parts of our daylong conference, we’re pleased in this post to recap the final segment, video of which is available here. (The full series, meanwhile, is available here.)

It begins with the third panel of the conference, entitled “International Environmental Law’s Future,” and moderated by MJ Durkee, Associate Dean for International Programs, Director of the Dean Rusk International Law Center, and Allen Post Professor at Georgia Law (pictured above, middle right). Joining her were 4 panelists (pictured clockwise from bottom center): Lakshman D. Guruswamy, Nicholas Doman Professor of International Environmental Law at Colorado 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; and Rebecca M. Bratspies, Professor and Director of the Center for Urban Environmental Reform at CUNY Law.

Together, they consider the part of Principle 1 of the Stockholm Declaration that declares:

“[Humankind] bears a solemn responsibility to protect and improve the environment for present and future generations.”

In light of that statement, panelists examined the major successes and failures of the last half-century of international environmental law, and, imagining a “2022 Stockholm Declaration,” they considered how to prioritize environmental protection efforts going forward.

Then follows “Stockholm Plus 50: Glass Half Full, Half Empty, or Shattered?,” the keynote address by Dinah L. Shelton, Manatt/Ahn Professor of International Law Emeritus at George Washington University School of Law. In it, Shelton sounds an urgent call to action to ensure protection from the worst effects of climate change, especially for the most vulnerable populations.

Kimberlee Styple, GJICL Editor-in-Chief, then delivers closing remarks.

Stockholm Declaration conference: link for “Anti-Racism, Decolonization, Environmental Protection” panel video

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High-level speeches and other events at COP26, the 26th UN Climate Change Conference of the Parties now under way in Glasgow, Scotland, underscores the timeliness of “The 1972 Stockholm Declaration at 50: Reflecting on a Half-Century of International Environmental Law” conference that we at the Dean Rusk International Law Center and the Georgia Journal of International and Comparative Law at the University of Georgia School of Law hosted on October 8.

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.

Stockholm Declaration conference: link available to video of conference start, including panel on rights-based approach

Miss the opportunity to see our “The 1972 Stockholm Declaration at 50: Reflecting on a Half-Century of International Environmental Law” live on October 8?

No worries: We at the Dean Rusk International Law Center and the Georgia Journal of International and Comparative Law, University of Georgia School of Law, are happy to provide videolinks.

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.”

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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.

Principle 1 of the Stockholm Declaration begins:

“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.)

“Stockholm Declaration at 50,” October 8 Georgia Law journal conference, will feature experts in international environmental and human rights law

“The 1972 Stockholm Declaration at 50: Reflecting on a Half-Century of International Environmental Law” is the title of the daylong conference to be hosted Friday, October 8, 2021, by the Dean Rusk International Law Center and the Georgia Journal of International and Comparative Law, with additional cosponsors including the American Society of International Law.

As described in the concept note:

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:

  • Nnimmo Bassey, Director, Health of Mother Earth Foundation
  • Tyler Giannini, Clinical Professor and Co-Director of the Harvard Human Rights Program and the International Human Rights Clinic at Harvard Law
  • Kate Mackintosh, Executive Director, Promise Institute for Human Rights, UCLA Law
  • Katie O’Bryan, Lecturer, Monash University, Australia
  • 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:

  • Sumudu Anopama Atapattu, Director of Research Centers and Senior Lecturer at Wisconsin Law
  • Robin Bronen, Executive Director of the Alaska Institute for Justice
  • Sarah Riley Case, Boulton Junior Fellow at McGill University Faculty of Law in Canada
  • Usha Natarajan, Edward W. Said Fellow at Columbia University
  • 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
  • Lakshman D. Guruswamy, Nicholas Doman Professor of International Environmental Law at Colorado Law
  • 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.

“Excited to pursue the conservation of biodiversity around the world”: Andrew Hedin on his Global Externship at the Secretariat of the Pacific Regional Environment Programme

This is one in a series of posts by University of Georgia School of Law students, writing on their participation in our Global Governance Summer School or Global Externship Overseas initiative. Author of this post is Andrew Hedin, a member of the Class of 2020 who spent his 1L summer as a GEO, or Global Extern Overseas.

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Malo! (“Hi” in Samoan.) This summer I lived in the tropical paradise of Samoa, working for the Secretariat of the Pacific Regional Environment Programme (SPREP). During my externship, I worked on environmental law issues and had the opportunity to attend a major conference in Fiji. Following my internship, I was invited to observe the first United Nations conference to work towards a treaty on the conservation and sustainable use of marine biodiversity on the high seas.

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SPREP is an international governmental organization serving the fourteen island nations of the South Pacific, as well as five states with territories in the region, including the United States. Headquartered in Apia, the capital city of Samoa, SREP addresses environmental issues ranging from waste disposal to climate change to biodiversity. It also serves a data collection function, which facilitates identification and monitoring of environmental issues. The work of the organization is critical because the Pacific Island states encompass over fifteen million kilometers of marine territory, and are considered to be the largest source of marine biodiversity in the world. However, these ecosystems are fragile and have faced significant reduction due to increased human activity both within and outside the region.

20180724_123546During my externship, I worked closely with SPREP’s legal counsel, and participated in various projects on topics like preventing the practice of shark finning and banning the use of non-reusable plastics. My most extensive assignment related to the implementation of the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity. The Protocol seeks to ensure that there are predictable conditions for access to genetic material, and that the benefits of genetic resource research are shared with the country of origin. Thus, the Protocol requires parties to enter into a contract that obtains prior informed consent of the resource provider, clearly lays out the benefits to the providing community, and defines the scope of access for the user of the genetic resource. The Protocol also creates intellectual property rights in traditional knowledge associated with genetic material in order to protect indigenous communities’ use of local resources. I had the opportunity to assist in the drafting of model implementing legislation and contract templates, and to conduct an analyses of implementation issues in the Cook Islands and Tonga.

I was fortunate to travel with the access and benefits sharing team to Fiji to attend a conference on this topic hosted by the International Development Law Organization and the ABS Initiative. This provided a global context for my work; I learned about how the Nagoya Protocol was being implemented in other regions. It was also a tremendous opportunity to meet practitioners working in this area.

Faga-Loa BayThe opportunity to work on biodiversity was amplified by the chance to do so in Samoa. When I wasn’t working, I spent the summer exploring the natural wonders of the small island nation. Consisting of two main islands – Upolu and Savai’i – and eight small inlets, Samoa boasts an extensive coral reef ecosystem, pristine beaches, massive waterfalls, and miles upon miles of coconut trees. It is also home to 200,000 people, who keep alive one of the world’s oldest cultures. Family and community are integral to the Samoan way of life, and Samoans take great pride in maintaining traditions that have been passed down for thousands of years. One of these, familiar around the world, is the Samoan art of tatau, or tattooing. Practiced for more than 3000 years, the art involves tattooing from the waist to the knees, entirely by hand. The traditional tattoo is highly respected, symbolizing an individual’s determination, endurance, and ability to assume responsibility. While I did not get any tattoos, having the opportunity to see the incredible natural world of the Pacific renewed my resolve to forge a career in international environmental law to protect these valuable resources.

Hedin_UNAfter completing my internship with SPREP and returning to campus this fall, I was pleased to be selected by the American Society of International Law, of which the University of Georgia School of Law is an Academic Partner, to serve as an NGO observer at the United Nations. As noted in the most recent edition of the ASIL Newsletter, I attended the first Intergovernmental Conference for an international legally binding instrument, under the United Nations Convention on the Law of Sea, on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction.

At the conference, I watched as state delegates, and representatives of intergovernmental and nongovernmental organizations debated the four foundational pillars of the potential agreement:

  • accessing marine genetic resources and sharing in their benefits;
  • area-based management tools;
  • environmental impact assessments; and
  • capacity building with associated marine technology sharing.

This experience was incredible because I observed firsthand how treaty negotiations begin. Although representatives discussed an array of issues and expressed many concerns, there was near-consensus on the importance of protecting the genetic diversity in our oceans. While this is no small task and there is a significant amount of work to be done, after observing the proceedings, I am optimistic that reaching an agreement is possible.

Tu Soa 4x5While I knew that I was interested in international environmental law, before this summer I had never heard of the Nagoya Protocol. Now, I have an understanding of the contracts that govern access to genetic resources, and of their value to indigenous communities. I also built a network of professionals doing great work to advance this initiative. I am incredibly grateful for my time in Samoa and at the UN, and am excited to build on these experiences to pursue the conservation of biodiversity around the world for the benefit of generations to come.