“Fragmentation” is the title of a just-published book chapter 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.
The chapter appears in Concepts for International Law: Contributions to Disciplinary Thought (Edward Elgar Publishing 2019), a 60-essay collection edited by scholars Jean d’Aspremont, of Sciences Po in Paris and the University of Manchester, and Sahib Singh, of the University of Helsinki.
Here’s the chapter abstract:
A danger, an opportunity, passé, a cliché, destabilizing, empowering, destructive, creative: depending on whom you ask, fragmentation has meant any and all of these for international law. The concept of fragmentation has been a mirror reflecting international lawyers’ perception of themselves, their field and its prospects for the future. This chapter chronicles fragmentation’s meanings over the past few decades. In particular, it focuses on the spreading fears of fragmentation around the turn of the millennium; how those fears were eventually repurposed; where, speculatively, those fears may have gone; and how and to what extent faith in international law was restored.
The book is available here; a version of Cohen’s contribution also is available at SSRN.
Georgia Law Professor Melissa J. Durkee recently presented her scholarship at the University of British Columbia Allard School of Law as part of the school’s faculty colloquium series.
Durkee, who is a J. Alton Hosch Associate Professor of Law, researches new forms of global governance, particularly interactions between government and business actors that affect the content and success of international legal rules. Her paper, “Interstitial Space Law,” explores these topics in the context of space. Here’s the abstract:
Private space companies have begun to stake massive investments on the prospect of deriving commercial value from objects in outer space. The multinational asteroid-mining company Planetary Resources recently explained to a U.S. Senate Subcommittee that it will “conduct a historic and unprecedented mission to. . . . prospect several near-Earth asteroids.” Amazon’s Blue Origin just launched a collaboration with German space companies to start a “permanent presence on the moon.” Elon Musk’s SpaceX intends to “focus all its engineering talent on building its Mars rocket.” Yet it is unclear whether these companies have a legal right to appropriate outer space materials for private commercial use. The controlling international law is a cluster of 1960s-era treaties, designed for the realities of cold war space exploration. The centerpiece of the early treaties, the 1967 Outer Space Treaty, clearly specifies that materials cannot be appropriated for national use, but the treaty is silent on private commercial use. Exploiting the opportunity this silence affords, private companies have begun to advance their own interpretation of the treaty in addresses to lawmakers, press releases, and corporate disclosures. They have also acted as though their interpretation were law, pressing forward with plans to commercialize space, and seemingly content to gamble on the possibility that international law will develop in their favor. The paper argues that this practice merits our attention as one of the diverse ways private companies take roles in international lawmaking. Here, private companies are working on two levels. First, they are shaping the development of international customary law by exploiting the failure of nation-states to shut down their activities. Second, they are creating a body of practice that would constitute the building blocks for customary international lawmaking, if the private companies were governmental actors, raising the possibility of a private common law for space.
The 2019 Georgia Law Jessup Team, from left: Hanna Karimipour, Sam Hatcher, Lyddy O’Brien, and Drew Hedin
Members of our University of Georgia School of Law team are competing this week in the New Orleans regional rounds of the Philip C. Jessup International Law Moot Court Competition. They’re part of a 60-year-old tradition, in which law students enact the presentation of arguments before the International Court of Justice, the Hague-based judicial organ of the United Nations.
In New Orleans and in cities across the globe, teams from more than 680 law schools, representing 100 countries and jurisdictions, are arguing this year’s Jessup dispute, Case Concerning the Kayleff Yak (State of Aurok v. Republic of Rakkab).
We at Georgia Law’s Dean Rusk International Law Center have enjoyed working with this talented team of students throughout this academic year, and we wish them the best of luck in this year’s contest.
Earlier this month, Georgia Law Professor Harlan G. Cohen presented his scholarship at “Opening the Black Box of Precedent and Case-based Reasoning,” a 2-day workshop at Universität Wien/the University of Vienna in Austria.
Cohen, who is the Gabriel M. Wilner/UGA Foundation Professor in International Law and serves as the Faculty Co-Director of the Dean Rusk International Law Center at the University of Georgia School of Law, presented a work in progress entitled “The Sociology of International Precedent.” He spoke as part of a panel on “Constructing Authority of Precedent,” along with scholars based in Austria and in Denmark. The workshop also included scholars from Canada, Croatia, Finland, France, and Italy.
The University of Georgia School of Law was well represented at IBL 2018, this year’s International Business Law Scholars Roundtable.
The event, held last Friday and Saturday at Brooklyn Law School, opened with a panel on “Corporate and Private Law Governance Issues in the International Sphere.” Among the speakers was Georgia Law Professor Melissa J. Durkee (above right), who presented “The New Functional Sovereignty: Private Authority in Global Governance.”
The gathering concluded with a panel on “International Economic Law,” at which Harlan G. Cohen (above left), Wilner/UGA Foundation Professor in International Law and our Center’s Faculty Co-Director, presented “What is International Trade Law For?”
They joined dozens of scholars, from law faculties at Harvard, NYU, Peking University, Sweden’s Orebo University, and elsewhere.
LEUVEN – Our 2018 Global Governance School has just begun in this centuries-old university city, where sidewalks cafes are awash in outdoor plasma screens and bedecked with Belgian flags, all in anticipation of the Red Devils’ knockout World Cup match this evening against Japan.
This is the 2d year that our University of Georgia School of Law Dean Rusk International Law Center has presented this summer school in partnership with the Leuven Centre for Global Governance Studies at KU Leuven, one of Europe’s premier research institutions. It continues a 4-decades-old Georgia Law tradition of summer international education in Belgium.
Today, students from Georgia Law and a range of European universities came together for three lectures designed to introduce them to the concept and practice of global governance:
1st, yours truly, Georgia Law Professor Diane Marie Amann (left), Emily & Ernest Woodruff Chair in International Law and one of our Center’s Faculty Co-Directors, presented a classical account of international law. Using the example of the ongoing controversy over the Chagos Islands, I then raised questions of the challenges posed by the state-centric system at the core of that account.
2d, Dr. Leonie Reins (below), an Assistant Professor in Law at Tilburg University in the Netherlands, focused on issues related to climate change as a way to explore challenges of international environment law governance.
3d, Georgia Law Professor Harlan G. Cohen (top), Gabriel M. Wilner/UGA Foundation Professor in International Law and one of our Center’s Faculty Co-Directors, answered the question “Why Global Governance?” Concepts like the tragedy of the commons and game theory informed his presentation.
The week’s coursework resumes tomorrow, when a quartet of American and European experts will deliver lectures on trade and sustainable development.
Last week, Georgia law faculty, students, and friends from other departments were treated to a lecture by Dr. Piotr Uhma, Visiting Research Scholar at the Dean Rusk International Law Center. Uhma presented his new paper, completed while in residence at the Center, What democracy is the value of international law? In it, he focuses on the linkages between democracy and international law, explores the shape of democracy in the context of a changing international order, and the issue of non-liberal democracy. In particular, he discussed Poland’s recent political changes and what they mean for democracy and the rule of law.
Uhma serves as a lecturer in international law and postdoctoral researcher at the Andrzej Frycz Modrzewski Kraków University, located in Kraków, Poland. He formerly held multiple posts with the Organization for Security and Co-operation in Europe, and worked as Director of the Legal and Corporate Communications Office of the Polish Electric Power Grid company, PSE Operator S.A. He has been visiting at the Center during the spring 2018 semester.