national security

Georgia Law Professor Harlan G. Cohen presents paper on trade-security measures at Temple Law-ASIL workshop

Harlan Grant 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, took part earlier this month in a workshop at Temple University Beasley School of Law in Philadelphia.

Cohen presented “Toward Best Practices for Trade-Security Measures” at the workshop, which waswhich was organized by Temple Law Professor J. Benton Heath and hosted by Temple Law’s Institute for International Law and Public Policy, in coordination with the American Society of International Law International Legal Theory Interest Group.

Within the overall theme of “The Concept of Security in International Law,” the workshop brought together scholars from a range of fields in order to address shifting understandings of security in international law and foreign affairs, as well as how law can respond to these developments.

Georgia Law Professor Kadri presents on digital evidence and security in law conference at Israel’s Bar-Ilan University

University of Georgia School of Law Professor Thomas E. Kadri presented at a three-day Research Workshop of the Israel Science Foundation, held last month at Bar-Ilan University Faculty of Law.

Kadri (prior posts) presented “A Socio-Technical Framework for Handling Digital Evidence with Security and Privacy Assurances,” as part of a panel on “Digitalization in the Courts.”

The conference, entitled “Smart Compliance Systems in the AI Era: Combining Criminal and Administrative Measures,” brought together scholars from Austria, the Netherlands, and Switzerland as well as Israel and the United States.

The University of Georgia School of Law has a longstanding partnership with the Bar-Ilan University Faculty of Law, focused on faculty exchange.

Georgia Law Professor Diane Marie Amann keynotes 2022 ESIL Research Forum in Glasgow, Scotland

“No Exit at Nuremberg: The Postwar Order as Stage for 21st-Century Global Insecurity” is the title of the keynote address that University of Georgia School of Law Professor Diane Marie Amann delivered Thursday at the University of Glasgow, Scotland, thus opening the 2022 Research Forum of the European Society of International Law. Her topic dovetailed with the forum’s overall theme, “International Law an Global Security: Regulating an Illusion?”

Introducing 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 – was Glasgow Law Professor Christian J. Tams, Director of the Glasgow Centre for International Law & Security.

Amann framed her talk around two artefacts of the period immediately after World War II, when the 1945-46 Trial of Major War Criminals was unfolding before the International Military Tribunal at Nuremberg, Germany: the play that Jean-Paul Sartre entitled Huis Clos but that is known in English as Vicious Circle or No Exit; and the front page of a French newspaper that referred not only to that play, but also to food shortages, the East-West threat spurred by the advent of nuclear weapons, and the IMT trial. She then linked the military, economic, political, and human security threads these artefacts raised to current events including conflicts in Ukraine and elsewhere.

Georgia Law Professor Harlan G. Cohen awarded Jackson Prize for his JIEL article “Nations and Markets”

The world’s leading international economic law publication has awarded its top scholarship honor to Harlan G. 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.

Cohen is the winner of the 2020 John H. Jackson Prize, bestowed by the Board of Editors of the Journal of International Economic Law, for his article “Nations and Markets” (prior posts).

As stated on the website of this Oxford University Press journal, the prize is named after its founding editor, John Howard Jackson (1932-2015), who, in the course of his career teaching law at Georgetown, Michigan, and Berkeley, kept “a keen eye on new developments and novel systemic interactions in the field beyond the four corners” of the General Agreement on Tariffs and Trade/World Trade Organization. With an aim to “underlining the importance of construing international economic law in this broader, ever changing perspective,” the Jackson Prize “is awarded annually to the article or other contribution in the JIEL that most significantly breaks new ground and adds new insights to the study and understanding of international economic law, especially in fields beyond a self-contained analysis of WTO law.”

Published in December 2020, Cohen’s “Nations and Markets” appears in volume 23, issue 4, of the peer-reviewed journal, at pages 793-815, and is available online here. Here’s the abstract:

Economics and security seem increasingly intertwined. Citing national security, states subject foreign investments to new scrutiny, even unwinding mergers. The provision of 5G has become a diplomatic battleground—Huawei at its center. Meanwhile, states invoke national security to excuse trade wars. The USA invoked the General Agreement on Tariffs and Trade national security exception to impose steel and aluminum tariffs, threatening more on automotive parts. Russia invoked that provision to justify its blockade of Ukraine, as did Saudi Arabia and the United Arab Emirates to excuse theirs of Qatar. And with the spread of COVID-19, states are invoking national security to scrutinize supply lines. Multiplying daily, such stories have led some observers to dub the era one of geoeconomics. Nonetheless, these developments remain difficult to judge, and the relationship between economics and national security remains confused and slippery. The essay seeks clarity in the deeper logic of these labels, revealing a fundamental choice between the logics of markets and the logics of state. Whether invoked to ‘secure’ borders, privacy, health, the environment, or jobs, ‘national security’ is a claim about the proper location of policymaking. Appeals to economics, with their emphasis on global welfare and global person-to-person relationships, are such claims as well. Resolving disputes, this essay argues, requires recognizing these root choices.

Georgia Law center, ABILA to cohost International Law Weekend South April 7

Delighted to announce that the Dean Rusk International Law Center at the University of Georgia School of Law will cohost International Law Weekend South with American Branch of the International Law Association.

Entitled “Democracy and Governance in the Internet Era,” the daylong online conference will take place on Wednesday, April 7. Registration here.

Following a welcome by Georgia Law Dean Peter B. “Bo” Rutledge and an introduction by ABILA President Leila Sadat, the conference will consist of these four 75-minute sessions, featuring an international array of scholars:

Civil society’s role in informing, protecting the right of peaceful assembly

In July 2020, the U.N. Human Rights Committee adopted General Comment No. 37 on Article 21 of the International Covenant on Civil and Political Rights. Article 21 guarantees the right of peaceful assembly, and the GC provides an authoritative interpretation of that right as well as guidance to ensure its practical enjoyment, online and offline. The GC addresses a wide variety of assembly issues at a particularly critical time. In an effort to raise awareness of what the GC does, how it came to be, and its significance in the United States and beyond, this panel will feature experts from civil society organizations who helped inform the GC’s drafting and who are now helping to see it implemented.

Moderator:  Jonathan Peters, University of Georgia
• Francesca Fanucci, European Center for Not-for-Profit Law
• Paulina Gutierrez, Legal Officer, Article 19
• Michael Hamilton, University of East Anglia
• Daniel Simons, Greenpeace

Political Campaigns: Perspectives from Abroad

Existing rules governing political party spending and campaign finance are increasingly seen as not up to the task of effectively and transparently regulating political communications around elections. Social media algorithms that amplify outrage, rampant disinformation campaigns, and foreign interference in domestic elections all complicate what was already the challenging task of devising effective and fair regulation in this realm. This panel brings together election law scholars from around the world to discuss how their legal regimes are tackling these new and challenging problems.

Moderator: Lori A. Ringhand, University of Georgia
• Irene Couzigou, University of Aberdeen
• Yasmin Dawood, University of Toronto
• Jacob Eisler, University of Southampton
• Galen Irwin, Leiden University
• Graeme Orr, University of Queensland, Australia
• Ciara C. Torres-Spelliscy, Stetson University

Reforming the National Security State

For many, the past four years highlighted growing concerns over the U.S. national security state. For some, the concerns focused on national security priorities, including the last administration’s focus on immigration and trade. For others, the concerns focused on increased presidential unilateralism and broad readings of executive powers over treaty withdrawal and the use of force. For still others, the concerns focused on national security tools and how they have been used, from immigration enforcement to criminal investigations to individual sanctions.
With a new administration and a new Congress, many see this is a unique opportunity to reform the national security state. This roundtable will consider how the current administration might rethink priorities and tools and how Congress might approach its role in facilitating and limiting presidential discretion.

Participants:
• Diane Marie Amann, University of Georgia
• Elena Chachko, Harvard University
• Harlan G. Cohen, University of Georgia
• Maryam Jamshidi, University of Florida

Social Media and the Language of Statehood

Scholars, journalists, and companies increasingly frame social media’s decisionmaking using the language of democratic governance and human rights. From talk of “corporate constitutionalism” to Facebook’s “Supreme Court,” the lines between private and public “governance” are murkier than ever.
This panel will assess these rhetorical moves. Are they helpful in understanding how the companies operate and how their power might be constrained? Or do they provide corporate actions with false legitimacy that undermines or overpowers calls for public regulation?

Moderator: Thomas E. Kadri, University of Georgia
• Evelyn M. Aswad, Oklahoma College of Law
• Elettra Bietti, Berkman Klein Center for Internet and Security, Harvard
• Brenda Dvoskin, Harvard University
• David Kaye, University of California, Irvine
• Genevieve Lakier, University of Chicago

2L Emina Sadic Herzberger, President of the Georgia Law International Law Society, will close the conference.

Georgia Law Professor Amann on “Children and the Women, Peace and Security Agenda,” at Transitional Justice Institute, University of Ulster, seminar

“Children and the Women, Peace and Security Agenda” is the subject of a talk delivered today by Professor Diane Marie Amann, holder of the Emily & Ernest Chair in International Law and Faculty Co-Director of our Dean Rusk International Law Center here at the University of Georgia School of Law. The talk was her online contribution to a year-long “WPS@20” seminar series hosted by the Transitional Justice Institute at the University of Ulster.

As its title indicates, the series, which began in February, has featured numerous speakers’ reflections on the WPS Agenda, which began with the passage on October 31, 2000, of UN Security Council Resolution 1325 on Women and Peace and Security. Since that date this agenda has inspired a range of activities, in the United Nations (as depicted in this UN Women 20-year  timeline) and other international organizations, and also in nongovernmental organizations and academia.

Amann’s contribution to the series benefited greatly from the team of Georgia Law student researchers with whom she worked this summer: Zoe Ferguson (JD’20), 3L Charles Wells, and 2Ls Courtney Hogan and Michael Ramirez.

This seminar focused not on women, but on an adjunct constituency cited in Resolution 1325; that is, on children. Here’s the abstract:

UN Security Council Resolution 1325 on Women, Peace and Security contains more than a dozen mentions of young people; to be precise, it refers twice to “women and children” and more than a dozen times to “women and girls.” Since the resolution’s adoption 20 years ago this week, many initiatives have arisen to combat conflict-related harms to children. These include the Children and Armed Conflict Agenda launched by Security Council Resolution 1612 (2005) and other inter- and non-governmental efforts. This seminar will evaluate the WPS resolution, 20 years on, as a child-rights instrument. Consideration of the interim initiatives will help frame that assessment, as will evolving understandings of children’s sexual and gender identities, of children’s agency and children’s autonomy – all factors that may counsel against too-quick conjoinments of “children,” or “girls,” with “women.”

A rich set of questions followed the presentation. Moderating was Dr Catherine O’Rourke, Senior Lecturer in Human Rights/International Law at Ulster Law and TJI’s Gender Research Coordinator.

The seminar is available as a PowerPoint presentation and as an audio podcast at TJI’s Apple and Spotify accounts.

(cross-posted from Diane Marie Amann)

Former DHS secretary lauds Georgia Law alumnus Chuck Allen on 20-year anniversary as DoD deputy general counsel for international affairs

An alumnus and member of our Dean Rusk International Law Center Council has garnered well-deserved praise from a fellow public servant and longtime colleague.

In “A Tribute to Charles A. Allen,” published Friday at Lawfare, Jeh Johnson, a partner in the Paul Weiss law firm and the U.S. Secretary of Homeland Security from 2013 to 2017, celebrated the 20th anniversary of the day that Allen took up the post of Deputy General Counsel (International Affairs) at the U.S. Department of Defense. Johnson wrote:

“To the benefit of us all, he remains in office today, with the vast responsibility of overseeing the legal aspects of the U.S. military’s operations abroad.

“Put simply: Chuck is one of the finest public servants I know. He embodies the best in federal civilian service.”

Johnson, also former general counsel both of the Department of Defense and of the U.S. Air Force, took particular note of Allen’s service, in the wake of the terrorist attacks of September 11, 2001, “at the legal epicenter of the U.S. military’s armed conflicts against al-Qaeda, the Islamic State and the Taliban; the Iraq War; the conflicts in Libya and Syria; the maritime disputes with China and Iran; and many other conflicts, treaties and defense issues too numerous to list.”

Allen, Johnson continued, is “an earnest, low-key public official who consistently works long hours, mentors young national security lawyers and grinds out an extraordinary volume of work” – and the recipient of a Presidential Rank Award.

We at the University of Georgia School of Law are proud to call Allen (JD’82) an alumnus, former Research Editor of the Georgia Law Review, and author of two articles published in our Georgia Journal of International and Comparative Law: “Civilian Starvation and Relief During Armed Conflict: The Modern Humanitarian Law” (1989) and “Countering Proliferation: WMD on the Move” (2011).

As stated in Allen’s DoD biography, he also earned an undergraduate degree from Stanford and an LL.M. from George Washington University. His service in the U.S. Navy Judge Advocate General Corps included a stint as Deputy Legal Adviser, National Security Council, and Attorney-Adviser, Office of Legal Adviser, U.S. Department of State. In his current position, Allen’s responsibilities include

“legal advice on Department of Defense planning and conduct of military operations in the war on terrorism and the war in Iraq, including the law of armed conflict and war crimes, war powers, coalition relations and assistance, and activities of U.S. forces under international law and relevant UN Security Council Resolutions; arms control negotiations and implementation, non-proliferation, and cooperative threat reduction; status of forces agreements; cooperative research and development programs; international litigation; law of outer space; and multilateral agreements.”

(credit for 2015 International Committee of the Red Cross photo, above, of Charles A. “Chuck” Allen at Minerva–ICRC conference on International Humanitarian Law, held in Jerusalem 15-17 November 2015)

Comparative constitutional law scholar Lori Ringhand is Center’s Interim Director; outgoing Director Kathleen Doty takes up post in Seattle

We’re delighted to announce that Lori A. Ringhand (near left), J. Alton Hosch Professor of Law, is the new Interim Director of the Dean Rusk International Law Center here at the University of Georgia School of Law. She succeeds Professor Kathleen A. Doty (left), who has just taken up a position as an Analyst in the Global Security, Technology, and Policy Group of the National Security Directorate at the Pacific Northwest National Laboratory in Seattle.

Ringhand (prior posts) returned to Athens earlier this academic year from Scotland, having been a Spring 2019 US-UK Fulbright Distinguished Chair at the University of Aberdeen. While overseas, she delivered “‘What Law?’ Political Spending on the Internet in the US and the UK,” a Gresham College Fulbright Lecture, at the Museum of London. An article that Ringhand researched and wrote during her Fulbright visit, entitled “First Amendment (Un)Exceptionalism: A Comparative Taxonomy of Campaign Finance Reform Proposals in the US and UK,” is forthcoming in the Ohio State Law Journal.

A well-known scholar of US as well as comparative constitutional law and election law, Ringhand’s publications include two co-authored books, Supreme Court Confirmation Hearings and Constitutional Change (Cambridge University Press, 2013) and Constitutional Law: A Context and Practices Casebook (Carolina Academic Press, 2d ed. 2017). After graduating from the University of Wisconsin Law School, she earned her Bachelor of Civil Law degree and was Professor of Law at the University of Kentucky College of Law and a Visiting Scholar at the Oxford Institute of European and Comparative Law. Her decorated career at Georgia Law includes service as Associate Dean for Academic Affairs and as a Provost’s Women Leadership Fellow, as well as the receipt of multiple teaching awards.

As Interim Director of the Dean Rusk International Law Center she will lead the staffers who support the Global Practice Preparation and International Professional Education portfolios – Mandy Dixon, Laura Kagel, Catrina Martin, and Sarah Quinn – along with numerous Student Ambassadors. Georgia Law Professors Harlan Cohen and Diane Marie Amann will continue to serve in advisory capacities as Faculty Co-Directors.

Professor Ringhand’s immediate predecessor, Professor Doty (prior posts), will pursue her career, as an international lawyer specializing in global security governance, at the national laboratory, an affiliate of the U.S. Department of Energy. Just prior to joining the Center as an associate director in 2015, she was Assistant Counsel for Arms Control & International Law at the Office of the General Counsel, U.S. Department of the Navy, Strategic Systems Programs. Doty has also served as attorney-editor at the American Society of International Law and inaugural Fellow of the California International Law Center at the University of California-Davis School of Law, from which she earned her J.D. degree.

Doty’s many Dean Rusk International Law Center initiatives included: teaching the International Advocacy Seminar; leading the Georgia Law-Leuven Centre Global Governance Summer School; launching the Consular Lecture Series; and managing the Center’s interdepartmental grant project relating to the United States’ North Korea sanctions regime. With deep thanks for her service, we wish her well in her new venture.

Georgia Law Professor Cohen takes part in AALS roundtable on law, international economic security


Harlan G. Cohen, Gabriel M. Wilner/UGA Foundation Professor in International Law and Faculty Co-Director of Dean Rusk International Law Center, participated in a roundtable on “Changing Concepts of International Economic Security & the Law” at the Annual Meeting of the Association of American Law Schools.

Organized by Kathleen Claussen (University of Miami School of Law), other participants in the AALS roundtable included: Anupam Chander (Georgetown University Law Center), Jennifer Daskal (American University, Washington College of Law), Kristen Eichensehr (University of California, Los Angeles School of Law), J. Benton Heath (New York University School of Law), Jide O. Nzelibe (Northwestern University Pritzker School of Law), Aaron D. Simowitz (Willamette University College of Law), Anna Spain Bradley (University of Colorado Law School), and Edward T. Swaine (The George Washington University Law School). (credit for photos)

Participants convened to discuss emergent global tensions between economics and national security and how the relevant legal regimes – trade, investment, development, finance, and national security – might respond. Among the topics of discussion were two papers by Professor Cohen:

one that discusses domestic national security delegations to the Executive Branch in the United States; and

another, “Nations and Markets,” that attempts to diagnose the causes of current global conflicts over jobs, data, climate change, and beyond (prior post).

“The Future of Space Governance” conference will convene experts on October 28

17-098-Kepler-90_MultiExoplanetSystem-20171214On Monday, October 28, 2019, the Dean Rusk International Law Center and the Georgia Journal of International and Comparative Law at the University of Georgia School of Law will host a daylong conference to explore “The Future of Space Governance.” The conference will feature a keynote speech by Professor Emerita Joanne Irene Gabrynowicz, University of Mississippi School of Law, as well as panel discussions by academics and practitioners.

Participants will consider the following concept note:

International legal frameworks governing outer space developed under the conditions of a bi-polar, Cold War world, where the two great powers were the only spacefaring nations, and were engaged in a feverish race to space. The international agreements reflect the concerns of the time, primarily to prevent militarization and colonization of outer space. It seemed essential to keep the cold war out of space, and to keep it from going hot. Then, the U.S. made it to the moon, winning the race and effectively freezing space governance in Cold War terms.

Exactly half a century later, the world has changed, and so has space. A bi-polar world has gone multipolar, and an optimistic period of multilateralism has given way to a decline in robust international cooperation. Meanwhile, developments in outer space have exploded in complexity, ambition, and commercial promise. The number of entrants and potential entrants has proliferated: seventy-two nations now claim they have space agencies, and at least fourteen have orbital launch capabilities. One of the key new entrants is China, which is busy exploring the dark side of the moon and plans a permanent Chinese lunar colony as early as 2030. India, too, is broadening its ambitions, launching a moon lander trip this year, and planning for manned spaceflight and a space station launch soon thereafter. The SpaceX program is making rocket launches available for bargain basement prices, bringing space activities within the reach of a gaggle of startups keen to grab their piece of the commercial pie. Other commercial actors imagine space tourism, colonies, and missions to Mars. At the same time, the United States, still the dominant player in space, has announced plans to launch a “Space Force,” aimed at defense of U.S. military interests from space.

Fifty years after the first moonwalk, the prospect for a new set of multilateral agreements governing outer space is remote, yet the legal questions raised by new space activity are mounting. With little prospect of new multilateral treaties, outer space governance will need to make do with existing law, generate customary rules to govern new applications, and develop forms of sublegal understanding and cooperation.

This conference takes a stakeholder approach to emerging questions of outer space governance. It seeks to understand the perspective and concerns of classic space powers, new entrants, non-space faring nations, and international organizations like the Committee on the Peaceful Uses of Outer Space, as well as civilian space agencies, national militaries, and commercial actors. It asks for views on the sufficiency of existing law and governance structures and probes the legal needs of new and existing stakeholders. It will explore the agendas of the growing collection of actors, and attempt to find new prospects for governance.

Here’s the schedule:

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8:45-9:00  Welcome

Peter B. “Bo” Rutledge, University of Georgia School of Law

 

9:00-10:30  New Entrants: Nations

What are the emerging governance challenges as new nations emerge as space-farers?

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Steven Mirmina, NASA

Saadia Pekkanen, University of Washington, Henry M. Jackson School of International Studies

Cassandra Steer, Women in International Security Canada

Charles Stotler, University of Mississippi School of Law

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Moderator ǀ Harlan G. Cohen, University of Georgia School of Law

 

10:45-12:15  New Norms? Commercial Actors

What norms govern, or should govern, potential commercial uses such as extraction, tourism, and settlement?Panel 2

Julia Selman Ayetey, McGill University

Frans von der Dunk, Nebraska College of Law

Brian Israel, ConsenSys

Mark J. Sundahl, Cleveland-Marshall College of Law

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Moderator ǀ Melissa J. Durkee, University of Georgia School of Law

 

Gabrynowicz_hi_res_small1:15-2:00  Keynote

Professor Emerita Joanne Irene Gabrynowicz, University of Mississippi School of Law

 

 

2:15-3:45  New Uses: Security in Space

What are the appropriate responses to the new U.S. “Space Force” and other threats of space militarization?

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Mariel Borowitz, Georgia Tech, Sam Nunn School of International Affairs

David Kuan-Wei Chen, Center for Research in Air and Space Law, McGill University

James Gutzman, United States Air Force

Andrea Harrington, Air Command and Staff College, Air University

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Moderator ǀ Diane Marie Amann, University of Georgia School of Law

GJICL EIC3:45-4:00  Closing Remarks

Lauren Elizabeth Lisauskas, Editor-in-Chief, Georgia Journal of International and Comparative Law

 

 

Registration, CLE credit, and other details here. Additional cosponsors include the International Law Society, Georgia Law’s chapter of the the International Law Students Association.