Georgia Journal of International and Comparative Law kicks off 2017–2018

Monday was orientation day for the students who’ll work on the 46th volume of the Georgia Journal of International & Comparative Law here at the University of Georgia School of Law.

Editor-in-Chief Victoria Barker reports that at orientation, the GJICL Editorial Board (pictured above) heard from Dean Peter B. “Bo” Rutledge about the importance of journal membership. Professor Harlan G. Cohen, a Dean Rusk International Law Center Faculty Co-Director and the Faculty Advisor for GJICL, and Kathleen A. Doty, the Center’s Director, spoke about international law opportunities for Georgia Law students. Speakers about careers and research techniques, respectively, included Laura E. Woodson, Associate Director of Career Development, and Anne Burnett, Foreign & International Law Librarian.

Among the year’s highlights will be the annual GJICL conference, set for Monday, September 18. Entitled “The Next Generation of International Trade Agreements,” it will feature more than a dozen specialists in trade, including 4 Georgia Law alums: the 1st woman to serve as GJICL Editor-in-Chief, Terry Labat; former GJICL Articles Editors Audrey Winter and C. Donald Johnson, Director Emeritus of our Center; and Tina Termei. Joining them will be other academic and practitioner experts from around the world.

This daylong event will celebrate the 40th anniversary of the law school’s Dean Rusk International Law Center, a cosponsor.

Leading GJICL‘s efforts this academic year will be these Executive Board members: Victoria Aynne Barker, Editor in Chief; Michael D. Aune, Executive Managing Editor; Shreya Praful Desai, Executive Articles Editor; Evan C. Dunn, Senior Articles Editor; Margret Anne Christie and Caroline Anne Jozefczyk, Executive Editors; Michael Lawrence Baker, Executive Conference Editor; Jamie McDowell, Executive Online Editor; Spencer Newton Davis, Senior Managing Editor; Hannah E. Ponders, Executive Notes Editor; and Wheaton P. Webb, Senior Notes Editor.

Collaborating with them will be these members of the Managing Board: Jeremy Hall Akin and Caroline Frances Savini, Conference Editors; Justin T. Conway, Megan Colleen Dempsey, William Neal Hollington, Robert P. Mangum, Shawn Eric McKenzie, Anne Parks Minor, Ryan Holder Shriver, and Adam J. Sunstrom, Submissions and Online Editors; Kaitlyn Claire Fain, Ian M. Lamb, Ethan Keith Morris, Andrew F. Newport, Nichole Novosel, William Blake Ogden, Claire H. Provano, Katherine Nicole Reynolds, and Devon Gayle Zawko, Articles Editors; Matthew J. Courteau, Taylor Shea Eisenhaur, William Carroll Hart, Dana Lohrberg, Steven Chase Parker, Laney J. Riley, Beverly Elizabeth Tarver, and Max Mathew Wallace II, Notes Editors.

Joining the 3L editors just named will be an Editorial Board composed of these members of the 2L class: Deena A.S. Agamy, Dymond Alexis Anthony, Philicia Crystal Armbrister, Ezekiel Arthur, Samuel Baker, Lauren Elizabeth Brown, Amy Elizabeth Buice, Austin Chad Cohen, Keelin Cronin, Jacob Donald Davis, Erin Elizabeth Doyle, Garret Joseph Drogosch, Sarah Lanier Flanders, Simone Iman Ford, Laura Rose Golden, Allison Jean Gowens, Kathryn Cho Hagerman, Wade W. Herring, Evans Fuller Horsley, Ted Smith Huggins, Tammy Le, Zachariah Weston Lindsey, Karla Lissette Martinez, Jacob Thomas McClendon, Elizabeth Kate Modzeleski, Savannah Harrison Moon, Joseph A. Natt, Hayley Alexandra Nicolich, Lyddy Ellen O’Brien, Kyle James Paladino, Garrett B. Peters, Morgan Renee Podczervinski, Connor Jay Rose, Taylor Ann Samuels, Emily E. Seaton, Timia Andrielle Skelton, Nicholas Alan Steinheimer, Adam C. Taylor, Michael Lee Thompson, John James Van Why, Eric M.A. Wilder, Sydney Rebecca Wilson.

Looking forward to another great year!

Global Governance Summer School enriches our study abroad tradition

Leuven Dean Bart Kerremans provides statistical analyses of the political economy of the 2017 U.S. and 2017 French presidential elections

LEUVEN and BRUSSELS, Belgium – The 2017 Global Governance Summer School may have ended, but memories linger of a brilliant week in these 2 Belgian cities.

Bicycles line sidewalks all over the University of Leuven, also known as KU Leuven

The 2017 GGSS marked the 1st summer school collaboration between our Dean Rusk International Law Center, University of Georgia School of Law, and our Belgium partner, the Leuven Centre for Global Governance Studies at the University of Leuven, one of Europe’s premier institutions of higher education since its founding in 1425.

At the same time, it contributed to Georgia Law’s long tradition of summer study in Belgium – a tradition that began in 1973 as the Brussels Seminar led by the late Professor Gabriel N. Wilner and supported by another Georgia Law professor, our Center’s namesake, Dean Rusk. Over the years hundreds of U.S. and European law students took part, sometimes launching careers in global practice. We’re proud to have continued the tradition with this year’s GGSS.

Leuven streetscape

As previously posted, our 2017 GGSS journey began at The Hague, political capital of the Netherlands, where students received professional development briefings at the International Criminal Court, the Iran-U.S. Claims Tribunal, and the International Court of Justice.

The Leuven Institute is housed in the buildings of an Irish College founded in 1607

We then moved to Leuven, a centuries-old Flanders city about 15 miles west of Brussels. The lovely Leuven Institute for Ireland in Europe was our home base for the week of June 25. Days were intense, while summery weather, late-evening sunsets, and endless lanes of historic buildings and convivial sidewalk cafes made for relaxing evenings.

The week began with students taking part in classroom seminars:

Leuven Professor Jan Wouters introduces global governance

Day 1 focused on “Global Governance and International Law: Concepts, Norms, Actors, and Processes,” and featured 4 lectures: “Global Governance: An Introduction” by Leuven Law Professor Jan Wouters, GGSS Co-Director and Leuven Centre Director; “A Classic Account of International Law” by Professor Diane Marie Amann, GGSS Co-Director; “International Organizations as Rulemakers” by Dr. Philip De Man, Leuven Centre Senior Researcher; “Why Global Governance?” by Georgia Law Professor Harlan G. Cohen.

Georgia Law Professor Diane Marie Amann examines relationship between armed conflict and extraction of oil and other natural resources

Day 2 covered “Global Economic and Trade Governance,” with these lectures: “Concepts, Principles, and Issues: Global Economic and Trade Law” by Georgia Law Professor Cohen; “A Legal Perspective on Global Economic and Trade Law” by Leuven Law Professor Geert Van Calster; “International Commercial Responsibility” by Georgia Law Professor Amann; and “A Political Economic Perspective on Global Economic and Trade Governance” by Dean Bart Kerremans, head of Leuven’s Faculty of Social Sciences.

Leiden Professor Horst Fischer surveys human rights institutions

Day 3 shifted to “Global Human Rights, Rule of Law, and Security Governance.” Leiden Law Professor Horst Fischer began with a lecture on “Human Rights Governance”; then followed a lecture on “Rule of Law Governance” by as Dr. Nicolas Hachez, Leuven Centre Senior Researcher. The afternoon kicked off with a conversation on the practice of human rights law between Alison A. Smith, Legal Counsel at the Brussels NGO No Peace Without Justice, and Georgia Law Professor Amann.

Rusk Interim Director Kathleen A. Doty summarizes arms control law to prepare students for treaty negotiation exercise

Our Center’s Interim Director, Kathleen A. Doty, then led the GGSS students’ simulated negotiation of a treaty aimed at controlling the use of drones. The day concluded with a dialogue between Leuven Law Professor Dominik Steiger and Georgia Law Professor Cohen on “Withdrawal from International Organizations and Global Governance.”

These classroom sessions prepared students for Day 4, an expert conference on “International Law and Global Governance in Turbulent Times.”

Dr. Tom Pegram, University College London, addresses conference as panelists and other participants look on

Taking part in the 1st conference panel, “Global Governance of Human Rights,” were: Georgia Law Professor Amann; Leuven Centre researcher Anna-Luise Chané; Mercedes García Pérez, Head of Division-Human Rights, European External Action Service; Dr. Tom Pegram, Senior Lecturer, University College London; and Katrien Meuwissen, Development Officer, European Network of National Human Rights Institutions.

Speaking at the conference panel on “Global Governance of Democracy and Rule of Law” were: Bologna Political Science Professor Daniela Piana; Leuven Researcher Dr. Mattieu Burnay; Professor Laurent Pech, Middlesex University London; Leuven researcher Tim Courthaut; and Dr. Petra Bard of the Central European University-Budapest.

Georgia Law Professor Harlan G. Cohen (3d from right) speaks on developments in international trade

Closing the conference was a panel on “Global Economic and Trade Governance in Protectionist Times,” featuring Professor Miles Kahler, American University; Professor John Kirton, University of Toronto; Georgia Law Professor Cohen; Tomas Baert, European Commission, Head of Unit Trade Strategy; Professor Jean-Christophe Defraigne, Université Saint-Louis Bruxelles; and Professor Pieter de Wilde, Norwegian University of Science and Technology.

GGSS concluded with a day in Brussels, capital of Belgium and home to many European and international legal institutions.

At NATO HQ in Brussels on final day of Global Governance Summer School: from left, Nils Okeson, Brian Griffin, Jennifer Cotton, Wade Herring, Nicholas Duffey, James Cox, Kathleen A. Doty, Kristopher Kobl, Lyddy O’Brien, Casey Callaghan, Ezra Thompson, Diane Marie Amann, Evans Horsley, and Eduard Snijders

Students took a morning tour of the headquarters of the North Atlantic Treaty Organization. There they learned about the work of NATO’s lawyers from member of the NATO Office of Legal Affairs, headed by Steven Hill. They lunched among NATO staffers and uniformed personnel from NATO’s 29 member states.

Alumnus Stephen Spinks briefs students on global legal practice

In Brussels’ “European quarter,” students stopped at the European Parliamentarium and then took part in a briefing at Sidley Austin LLP, a global law firm whose law practice all manner of global law fields, including trade, environment, life sciences, data privacy, and dispute settlement. Leading the briefing (right) was the managing partner of Sidley’s Brussels office, Stephen O. Spinks, who is a Georgia Law alumnus and member of our Dean Rusk International Law Center Council. As Spinks told student, he himself had studied in GGSS’ forerunner, the Brussels Seminar. He returned after receiving his J.D. degree, earned a master’s degree at Vrije Universiteit Brussel, and began his career as a specialist in trade and competition/antitrust, law. Sprinks’ inspiring story capped a great week for students, many of whom are spending the balance of summer at Global Externships.

Poster outside the Koninklijk Paleis van Brussel, or Royal Palace of Brussels

Un petit part de la part de la planète

This essay, reflecting on yesterday’s presidential announcement of intent to withdraw from the Paris Agreement on climate change,  is cross-posted from the website of Georgia Law Professor Diane Marie Amann)

Do Your Part,” Allied posters proclaimed during World War II. Women were urged to join the U.S. Army Auxiliary to work at defense plants, families were pressed to keep farms producing, and all were advised to keep their mouths shut. This coming-together defeated Axis enemies and gave rise to unprecedented postwar intergovernmental cooperation.

That 72-year-old global infrastructure is under threat. Last week saw fractious meetings at NATO headquarters (where I’m due to bring students later this month) and Taormina (just 75 miles north of the Siracusa summer school where I was then teaching). Today it’s the President’s invocation of the provision permitting U.S. withdrawal, in about 4 years, from the 2015 Paris Agreement on climate change, to which 195 – nearly all – the countries in the world have agreed.

The news spurs reflection on the very small part I played in the development of the Paris Agreement.

As with most international accords, this one did not happen on the spur of the moment. Rather, countries had engaged in consultations and negotiations for years before the summit. France was especially active, eager to accomplish something significant in October-November 2015, when it would host COP21, the 21st Conference of the Parties to the 1992 U.N. Framework Convention on Climate Change.

Thus in June 2015 I joined French and American colleagues at a symposium entitled “Le Changement climatique, miroir de la globalisation (Climate Change, Mirror of Globalization),” a pre-summit preparatory meeting whose cosponsors included the Collège de France and Fondation Charles Léopold Mayer pour le Progrès de l’Homme. Our interventions aided thinking about the impending summit.

My own contribution, “Le changement climatique et la sécurité humaine,” reprised a chapter published in Regards croisés sur l’internationalisation du droit : France-États-Unis (Mireille Delmas-Marty & Stephen Breyer eds., 2009). As indicated in the English version, “Climate Change and Human Security,” the essay demonstrated that litigation would not proved a fruitful method for combatting climate change. It thus advocated a human security approach, one drawn from U.S. legal traditions like the 1941 Four Freedoms speech of President Franklin Delano Roosevelt and the 1945 Statement of Essential Human Rights of the American Law Institute.

The essay concludes:

“Emphasis on state duty carries with it an assumption that legislative and executive officials will assume their obligation to avoid harm from occurring. Such officials may not assume, as seems the wont of some who operate under a litigation model, that they may act as they wish unless and until a court steps in to order some belated and imperfect sanction for the wrongs they have committed. A state that endeavors to achieve human security, moreover, is likely to fashion comprehensive, before-the-fact remedies. That is preferable even in isolated cases; in other words, we would rather have an agent of the state eschewed torture than have to compensate a victim after she has suffered state torture. This comprehensive, before-the-fact framework is even more preferable with regard to human insecurities that have communitywide, even planetary consequences – to name one, the threat to human security posed by climate change.”

Theories like these undergird the agreement reached in fall 2015. They yet may maintain a firm hold in these next 4 years.

Associate Dean Amann named Spring 2018 Research Visitor and Visiting Fellow at University of Oxford, England

The University of Oxford, England, will host Georgia Law Associate Dean Diane Marie Amann during her research-intensive Spring 2018 semester. In the Hilary and Trinity Terms – March through June – she will be a Research Visitor at Oxford’s Bonavero Institute of Human Rights hosted by the Faculty of Law and a Visiting Fellow at its Mansfield College, where the Institute is based.

Amann joined the University of Georgia School of Law faculty in 2011, taking up the Emily & Ernest Woodruff Chair in International Law. She also has served, since 2015, as the law school’s Associate Dean for International Programs & Strategic Initiatives.

While at Oxford, Amann (right) plans to continue her research on “Women at Nuremberg,” which explores the many roles women played in post-World War II international criminal trials in Europe, as prosecutors, defense counsel, journalists, witnesses, staffers, and defendants.

As a Research Visitor, she also will have the opportunity to take part in Bonavero Institute activities, and will benefit from Oxford’s libraries, seminars and lectures, and other offerings.

The Bonavero Institute was founded in 2016 as a unit of the Oxford Faculty of Law, under the direction of Professor Kate O’Regan, a former judge on the Constitutional Court of South Africa. Construction of the institute building, located at Mansfield College, is expected to be completed in early autumn.

Amann’s research visit in England will follow a January 2018 stint as the inaugural Breslauer, Rutman and Anderson Research Fellow at the Center for Advanced Genocide Research at the University of Southern California Shoah Foundation in Los Angeles.

Georgia Law profs Cohen and Cade win interdisciplinary research seed grants

Two University of Georgia School of Law professors will take part in transnationally focused research projects, recent winners in a universitywide funding competition.

The 2 projects were among a dozen funded by the University of Georgia  Presidential Interdisciplinary Seed Grant Program. More than 150 faculty teams submitted proposals.

The Georgia Law award-winners are:

Harlan G. Cohen, who holds the Gabriel M. Wilner/UGA Foundation Professor in International Law, will take part in research on “Forecasting the threat of cyber attacks, nation by nation.” Also on the team for this project are faculty from the university’s Franklin College of Arts & Sciences and School of Public & International Affairs, plus a political scientist from the State University of New York-Albany.

Jason A. Cade, Assistant Professor of Law and Director of the law school’s Community Health Law Partnership Clinic. He will collaborate on “Building a network of cultural liaisons to improve the health and well-being of Athens-area Latinos.” The research project’s team also includes faculty from the university’s College of Education, College of Family & Consumer Sciences, College of Pharmacy, College of Public Health, School of Social Work, Latin American & Caribbean Studies Institute, and J.W. Fanning Institute for Leadership Development.

“Judicial Federalism in the European Union,” new article by Professor Wells

Professor Michael Lewis Wells, who holds the Marion and W. Colquitt Carter Chair in Tort and Insurance Law here at the University of Georgia School of Law, has published an article comparing judicial practice in Europe and the United States. Entitled “Judicial Federalism in the European Union,” it appears at 54 Houston Law Review Winter ​697 (2017).

The manuscript, which forms part of our Dean Rusk International Law Center Research Paper Series at SSRN, may be downloaded at this SSRN link.

Here’s the abstract:

This article compares European Union judicial federalism with the American version. Its thesis is that the European Union’s long-term goal of political integration probably cannot be achieved without strengthening its rudimentary judicial institutions. On the one hand, the EU is a federal system in which judicial power is divided between EU courts, of which there are only three, and the well-entrenched and longstanding member state court systems. On the other hand, both the preamble and Article 1 of the Treaty of Europe state that an aim of the European Union is “creating an ever closer union among the peoples of Europe.” The article argues that central government courts and member state courts are not fungible. In close cases, the latter are more likely than the former to favor the member state’s interests. The EU’s approach to judicial federalism, with its heavy reliance on member state courts, will retard the political integration envisioned by the Treaty. The article develops this thesis by comparing EU judicial federalism with the American variant, which differs from the EU system in two key respects: First, most issues of EU law are adjudicated in the member state courts. In the U.S., a network of lower federal courts adjudicates many federal law issues. Second, the U.S. Supreme Court reviews state court judgments that turn on issues of federal law. The Court of Justice of the European Union does not review member state judgments, even on issues of EU law. The article argues that these aspects of the federal system in the U.S. were indispensable to achieving and maintaining national unity. If the EU aspires to a similar level of political integration, their absence may prove to be a significant obstacle.

Professor Cade publishes in Georgia Bar Journal special immigration issue

Jason A. Cade, Assistant Professor at the University of Georgia School of Law, has just published “Proportionality Lost? The Rise of Enforcement-Based Equity in the Deportation System and Its Limitations,” at 22 Georgia Bar Journal 16 (2017).

Cade teaches Immigration Law and directs the law school’s Community Health Law Partnership Clinic. His scholarship explores intersections between immigration enforcement and criminal law, the role of prosecutorial discretion in the modern immigration system, and judicial review of deportation procedures.

His latest article, featured in a GBJ special issue entitled “Public Interest Immigration Update,” may be downloaded at SSRN. Here’s the abstract:

This article briefly explains and critiques the legal framework that has made enforcement discretion the primary means of injecting proportionality and fairness into the modern deportation system. The article provides an overview of shifting approaches to this enforcement discretion under the Obama and Trump administrations, and describes some of the key Supreme Court jurisprudence interpreting this framework.