The article examines the potentially “broad implications for entities that conduct business in or with Cuba” that may follow from the announcement earlier this year that a portion of the mid-1990s “Helms-Burton Act would no longer be suspended, thereby allowing U.S. nationals to file lawsuits against any individual or entity that ‘traffics in property expropriated by the Cuban government.”
“How much authority — how much room to make policy choices—can Congress delegate to the president and executive branch?”
So begins “The National Security Delegation Conundrum,” an analysis of the foreign relations jurisprudence of the U.S. Supreme Court, published at Just Security by Harlan Grant 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 Law.
The focus of Cohen’s commentary is Gundy v. United States, a June 20 decision by a divided Court (4 supporting an opinion by Justice Elena Kagan and 3 an opinion by Justice Neil Gorsuch; Justice Samuel Alito concurred in the judgment). It declined to revive the nondelegation doctrine — but did so, Professor Cohen points out, in a way that raised further questions on how that doctrine applies to cases involving national security.
Instances in which these questions might be relevant have occurred frequently in the last couple years, Cohen wrote, on issues as varied as migration of peoples and trade in auto parts. After analyzing the issues at hand, Cohen concluded that Gundy did little to resolve them:
“What is clear though is that until a test or principle is found, the national security delegation conundrum will remain.”
LEUVEN – After a full day of professional development briefings yesterday, students at the Georgia Law-Leuven Global Governance School returned to the classroom today. They took part in four lectures exploring developments in climate change and international commerce:
First, Professor Katja Biedenkopf (right), Assistant Professor at Leuven International and European Studies (LINES) at KU Leuven and an expert in European Union environmental and climate policy, addressed climate change. She focused on the international instruments at play, in particular the Paris Agreement. Professor Biedenkopf also highlighted challenges to climate change governance and encouraged students to consider international, regional, and local solutions.
Second, Peter B. “Bo” Rutledge (left), Dean of the University of Georgia School of Law, provided an introduction to international dispute resolution. He led students through a hypothetical cross-border dispute, thereby introducing the architecture of the international dispute resolution framework. He highlighted the differences between arbitration, mediation, and litigation.
Georgia Law professor Usha Rodrigues (right), provided the final two lectures of the day. A corporate governance scholar, she first provided an overview of international economic law and trade, and covered topics such as finance, international monetary policy, investment, tax, and transnational business transactions. She closed the afternoon with an exploration of comparative corporate governance, including how rules have developed across states, and how conflicts between management and shareholders or between majority and minority shareholders are resolved in different contexts.
Tomorrow, students will participate in an international conference on democracy and the rule of law in the European Union, as part of the RECONNECT project. In the meantime, they’ll spend the evening celebrating the 4th of July as expats in Belgium.
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.
Students and faculty arrived yesterday, and were treated to a walking tour of historic Leuven and the lovely campus, one of the oldest in Europe and one of Europe’s premier research institutions. The historic European heat wave has broken, and students enjoyed the spring-like temperatures and a friendly Flemish welcome.
Many GGSS students participated in a walking tour of KU Leuven. From left, Professor Doty, Holly Stephens, Lauren Taylor, Emily Snow, Center Associate Director Amanda Shaw, Alicia Millspaugh, Jessica Parker, Steven Miller, Maria Lagares Romay, and Blanca Ruiz Llevot.
Today, students from Georgia Law and a range of other European institutions spent the day in classroom sessions. Following a welcome by Dr. Axel Marx, Deputy Director at the Leven Centre for Global Governance Studies, and Professor Diane Marie Amann, Emily & Ernest Woodruff Chair in International Law and Faculty Co-Director of both the Dean Rusk International Law Center and the Global Governance Summer School, students dove headfirst into contemporary international legal topics.
First, Professor Kolja Raube (right), Senior Researcher at the Leuven Centre for Global Governance Studies and Assistant Professor of European Studies, provided an introduction to global governance. He raised issues of globalization, transnational cooperation, and policy-making.
Second, Georgia Law alumnus and expert in the law of the sea, Professor Erik Franckx (LLM ’83) (left) from Vrije Universiteit Brussel, lectured on the Central Arctic Ocean. Addressing fishing in the Central Arctic Ocean, Professor Franckx focused on instruments and actors governing the area.
Third, Professor Geert Van Calster (left) of Leuven and Head of Leuven Law’s department of European and international law, led a discussion on the use of trade law to achieve non-trade objectives, such as human rights and the promotion of sustainable development.
Finally, Professor Diane Marie Amann (right) from the University of Georgia engaged students on regional legal systems. She explored the history, role, and place of regional systems within the larger system comprising nation-states and international organizations with a global scope.
This evening, students will take in the England-United States semi-final match of the Women’s World Cup. Tomorrow, they will travel to Brussels, Belgium’s nearby capital, for a day of professional development briefings at international organizations and a private law firm.
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: