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 Professor Bruner’s chapter on comparative corporate governance published in new Research Handbook

Christopher M. Bruner, the Stembler Family Distinguished Professor in Business Law here at the University of Georgia School of Law, has contributed a chapter, “Methods of Comparative Corporate Governance,” to a just-published academic handbook on the subject.

Bruner’s chapter appears in Research Handbook on Comparative Corporate Governance. Edited by Afra Afsharipour, Professor of Law and Senior Associate Dean for Academic Affairs at the University of California, Davis, School of Law, and Martin Gelter, Professor of Law at Fordham University School of Law, the volume was issued by Edward Elgar Publishing.

Here’s the abstract for Professor Bruner’s chapter, a version which is available at SSRN:

Methodology has not received sufficient attention in the field of comparative law, and this shortcoming is perhaps even more significant in the specific field of comparative corporate governance, where the general comparative legal literature that does exist on the subject tends to be ignored. While there is assuredly no single, optimal comparative method, it remains critically important for scholars to evaluate whether the approach undertaken is fit for purpose – that is, whether the comparative method adopted is in fact capable of illuminating the subject of inquiry.

This chapter highlights some significant methodological choices and challenges encountered in comparative corporate governance. Part II describes differing comparative postures that one might adopt, emphasizing similarity or difference, respectively – an important threshold consideration, in so far as one often finds what one sets out to find, without recognizing the degree to which such predispositions might cloud the analysis and preclude a fuller account. Part III examines how the law and economics movement, in particular, has affected comparative analysis of corporate governance, critiquing its (implicit) methodology and assessing its impacts. Part IV, then, discusses various choices in research design, emphasizing how the alternatives are impacted by the foregoing dynamics. Part V briefly concludes, calling for methodological self-awareness and candid acknowledgment of the limits of what various comparative approaches to corporate governance can deliver.

Georgia Law Professor Ringhand speaks on “The Shakedown” at annual meeting of International Society of Public Law

Lori A. Ringhand, J. Alton Hosch Professor of Law and Josiah Meigs Distinguished Teaching Professor here at the University of Georgia School of Law, gave a talk entitled “The Shakedown” last Wednesday at the annual conference of the International Society of Public Law.

Also known as ICON•S, the Society has members from all around the globe, in all fields of law and beyond to the humanities and social sciences, and at all levels of seniority, from students to emeritus faculty.

Ringhand, an Election Law expert and immediate past Interim Director of our Dean Rusk International Law Center, took part in a panel on “Foreign Interference, Elections, and Democratic Speech: Comparative Approaches to a Global Challenge.”

Chairing the panel at the online ICON•S conference was Yasmin Dawood of the University of Toronto; she also spoke on “Combatting Foreign Election Interference: Canada’s Electoral Ecosystem Approach to Disinformation and Cyber Threats.” The panel also included: Jacob Eisler, Southampton Law School, on “Strangers in Strange Lands: Constitutional Formalities, Power Realities, and Comparative Anglophone Responses to Foreign Election Meddling”; Andrew Geddis, University of Otago, on “Islands in the Storm? Responses to Foreign Election Interference in Australia and New Zealand”; and Irène Couzigou, University of Aberdeen, on “The Limits of Law? The Multifaceted Approach of the French Legislation to Tackle Foreign Election Interference through Digital Disinformation.”

Georgia Law Professor Amann presents on “Women and Nuremberg-Tokyo Era” in Siracusa Institute summer session

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“History of International Criminal Law” was the topic on which I was honored to present Wednesday alongside two eminent historians. Our session formed part of “Human Rights, Criminal Justice and International Law,” the 20th Specialization Course in International Criminal Law for Young Penalists organized by the Siracusa International Institute for Criminal Justice and Human Rights, under the direction of Professor William A. Schabas.

This annual summer course typically takes place on the island of Ortigia, the ancient quarter of Siracusa, a Sicilian city founded 2,700 years ago. This year found it online because of the pandemic. That happenstance enabled well over a hundred persons from around the world to attend.

My panel participants and I focused on a founding moment of international criminal law; specifically, the post-Wold War II international criminal courts and tribunals established at Nuremberg, Germany, Tokyo, Japan, and other sites in Europe and Asia.

First, Francine Hirsch, the Vilas Distinguished Achievement Professor of History at the University of Wisconsin-Madison (above center) presented “Nuremberg at 75: Revisiting the History of the International Military Tribunal and Its Lessons.” Drawing from her book Soviet Judgment at Nuremberg: A New History of the International Military Tribunal After World War II (Oxford University Press 2020), she argued that the participation of the Soviet Union was essential to what was achieved at Nuremberg.

Next, Kerstin von Lingen (above left), Professor of Contemporary History at the Department for Contemporary History of the University of Vienna, Austria, addressed “Crimes Against Humanity: A Neglected Concept within the Asian War Crimes Trials?” Her careful tracing of the origins of the ethical concept and legal doctrine of crimes against humanity talk drew upon her extensive research and publications related to the postwar emergence of international criminal justice in Europe and Asia – among these is her contribution and co-editorship of The Tokyo Tribunal: Perspectives on Law, History and Memory (Torkel Apsahl 2020), a Nuremberg Academy anthology to which I also contributed.

Yours truly, Diane Marie Amann (above right), Regents’ Professor of International Law at the University of Georgia School of Law, then discussed “Women and the Nuremberg-Tokyo Era.” Featured in my talk were the lawyers and other women professionals who are the subjects of my ongoing research, and about whom I have published here, here, and here.

(Cross-posted from Diane Marie Amann blog)

Associate Dean MJ Durkee’s “Interpretive Entrepreneurs” in Virginia Law Review

Melissa J. “MJ” Durkee, Associate Dean for International Programs and Director of the Dean Rusk International Law Center here at the University of Georgia School of Law, has published “Interpretive Entrepreneurs” in 107 Virginia Law Review 431 (2021).

Here’s the abstract of this latest publication by Durkee, who also holds the title of Allen Post Professor of Law:

Private actors interpret legal norms, a phenomenon I call “interpretive entrepreneurship.” The phenomenon is particularly significant in the international context, where many disputes are not subject to judicial resolution, and there is no official system of precedent. Interpretation can affect the meaning of laws over time. For this reason, it can be a form of “post hoc” international lawmaking, worth studying alongside other forms of international lobbying and norm entrepreneurship by private actors. The Article identifies and describes the phenomenon through a series of case studies that show how, why, and by whom it unfolds. The examples focus on entrepreneurial activity by business actors and cast a wide net, examining aircraft finance, space mining, modern slavery, and investment law. As a matter of theory, this process-based account suggests that international legal interpretation involves contests for meaning among diverse groups of actors, giving credence to critical and constructivist views of international legal interpretation. As a practical matter, the case studies show that interpretive entrepreneurship is an influence tool and a driver of legal change.

The article is available both at SSRN and at the Virginia Law Review website.

Georgia Law’s Diane Marie Amann now Regents’ Professor of International Law

Georgia Law faculty member Diane Marie Amann is now Regents’ Professor of International Law, as her November 2020 appointment to the post by the Board of Regents, University System of Georgia, takes effect today.

She becomes the third law professor and seventh woman to have earned this honor since it was instituted in 1947. In the words of the university:

“Regents’ Professorships are bestowed by the Board of Regents on truly distinguished faculty of the University of Georgia whose scholarship or creative activity is recognized both nationally and internationally as innovative and pace-setting.”

Amann (prior posts) joined the faculty at the University of Georgia School of Law in 2011, taking up the Emily & Ernest Woodruff Chair in International Law previously by Professor Louis B. Sohn and Professor Daniel Bodansky. From 2015 to 2017 she was the law school’s Associate Dean for International Programs & Strategic Initiatives, a position that included directing the Dean Rusk International Law Center, and she has served since 2017 as a Faculty Co-Director of the Center. She is also a Professor (by courtesy) of International Affairs, University of Georgia School of Public & International Affairs, and an Affiliated Faculty Member of the University of Georgia African Studies Institute.

Under contract with Oxford University Press, Amann is writing what will be the first book on the roles of women professionals at the 1945-46 war crimes trial before the International Military Tribunal at Nuremberg. As depicted above and available in full on YouTube (59:10), she presented on this research in “Nuremberg Women,” one of the four University of Georgia Charter Lectures that the 2020-21 Regents’ Professors delivered online this past April.

Amann’s expertise in international law includes, as indicated by her more than eighty publications, not only international legal history but also international criminal law and child rights. She served as International Criminal Court Prosecutor Fatou Bensouda’s Special Adviser on Children in and affected by Armed Conflict from December 2012 to June 2021, assisting in the preparation, publication, and dissemination of the 2016 ICC OTP Policy on Children.

A member of the Council on Foreign Relations and Counsellor and former Vice President of the American Society of International Law, Amann was Professor of Law, Martin Luther King Jr. Hall Research Scholar, and Director of the California International Law Center at the University of California-Davis, School of Law. She has been a Visiting Professor, Professeur invitée, or Fellow at Northwestern Pritzker University School of Law, University of California-Berkeley, University of California-Los Angeles, Irish Centre for Human Rights at National University of Ireland-Galway, Université de Paris 1 (Panthéon-Sorbonne), Max Planck Institute Luxembourg, and University of Southern California Shoah Foundation.

Professor Melissa “MJ” Durkee named Georgia Law Associate Dean for International Programs and Director of Dean Rusk International Law Center

We at the Dean Rusk International Law Center of the University of Georgia School of Law are delighted to announce that Professor Melissa J. “MJ” Durkee will be the law school’s next Associate Dean for International Programs, a position that includes service as our Center’s Director. The appointment will take effect this Thursday, July 1.

In assuming leadership of the Dean Rusk International Law Center, Durkee succeeds Professor Lori A. Ringhand, who has served as the Center’s Interim Director for the past year and a half. The law school’s most recent Associate Dean for International Programs was Professor Diane Marie Amann, who served in that post from 2015-2017 and who since then has been a Faculty Co-Director of the Center along with Professor Harlan G. Cohen.

Named after former U.S. Secretary of State and Georgia Law Professor Dean Rusk, our Center has served since 1977 as the international law and policy nucleus for education, scholarship, and other collaborations among faculty and students, the law school community, and diverse local and global partners. As Director, Durkee will lead a Center staff that includes Laura Tate Kagel and Mandy Dixon, respectively the Associate Director and the Assistant for International Professional Education, and Sarah Quinn and Catrina Martin, respectively the Associate Director and the Assistant for Global Practice Preparation.

Durkee (prior posts, SSRN page) also holds the title at Georgia Law of Allen Post Professor, as well as a courtesy appointment in the university’s Terry College of Business. A highly regarded scholar, she teaches, writes, and presents on international law and corporate governance, with focus on international economic and environmental law, global governance, democratic participation, public-private partnerships, and legal theory. Her most recent article, “Interpretive Entrepreneurs,” has just been published at 107 Virginia Law Review 431 (2021).

Her leadership roles in the Washington, D.C.-based American Society of International Law include: Board of Editors, American Journal of International Law; Supervising Editor, AJIL Unbound; ASIL Executive Council; and Vice Chair, ASIL International Legal Theory Interest Group. Wearing that last hat, she organized “The Law and Logics of Attribution: Constructing the Identity and Responsibility of States and Firms,” a conference that our Center hosted online last September. Durkee has also served as faculty advisor to the Georgia Journal of International & Comparative Law.

Before joining the Georgia Law faculty in 2018, Durkee was a professor at the University of Washington School of Law. A graduate of Yale Law School, she practiced international litigation and arbitration at Cleary Gottlieb Steen & Hamilton in New York and was law clerk to Judge Kim McLane Wardlaw, U.S. Court of Appeals for the Ninth Circuit, and Judge Sidney H. Stein, U.S. District Court for the Southern District of New York.

Georgia Law Professor Durkee presents “Interpretive Entrepeneurs” at annual meeting of Law and Society Association

Melissa J. “MJ” Durkee, the Allen Post Professor here at the University of Georgia School of Law, recently presented her scholarship at the 2021 annual meeting of the Law and Society Association.

Durkee’s presentation, “Interpretive Entrepreneurs: Business, Interpretive Lobbying, and International Legal Change,” drew from her paper available here.

Her talk formed part of a panel on “Global Legal Pluralism: Perspectives on International, Transnational, and Multilevel Governance.” Chaired by George Washington Law Professor Paul Schiff Berman, the panel also included Law Professors Elies van Sliedregt of the University of Leeds, England, Frédéric Mégret of McGill University, Montreal, Canada, and Erin Ryan of Florida State University, Tallahassee.

Georgia Law Professor Amann publishes “On Command” in Temple Law journal

Diane Marie Amann, the Emily & Ernest Woodruff Chair in International Law and Dean Rusk International Law Center Faculty Co-Director here at the University of Georgia School of Law, has published “On Command,” her contribution to a Temple International and Comparative Law Journal symposium issue.

The symposium took place in February 2020, just before the coronavirus lockdown, at Philadelphia’s Temple University Beasley School of Law. It brought together a dozen experts to comment on galley proofs of Justice in Extreme Cases: Criminal Law Theory Meets International Criminal Law, a book written by Darryl Robinson, Professor at Queen’s University in Canada, and issued later that year Cambridge University Press.

Amann took up the question of command responsibility, an issue on which she also has published at EJIL: Talk! and ICC Forum. The SSRN abstract for this essay states, in relevant part:

By reference to the Lieber Code and other sources, this essay emphasizes the history of responsibility underlying the doctrine of command responsibility, and further criticizes developments that seem to have intermingled that doctrine with what are called “modes of liability. The essay urges that consideration of commander responsibility stand apart from other such “modes,” and cautions against a jurisprudence that raises the risk that, before fora like the International Criminal Court, no one can be held to account.

The “On Command” essay is available here; the full symposium issue, also featuring contributions from Robinson himself, as well as Elena Baylis, Alejandro Chehtman, Caroline Davidson, Randle DeFalco, Margaret M. deGuzman, Alexander K.A. Greenawalt, Adil Ahmad Haque, Neha Jain, Mark Kersten Jens David Ohlin, Milena Sterio, and James G. Stewart, is available here.

Georgia Law Professor Bruner presents on corporate governance and sustainability to Italy PhD students

Christopher M. Bruner, the Stembler Family Distinguished Professor in Business Law here at the University of Georgia School of Law, delivered a 3-hour seminar online yesterday to students in the PhD Programmes in Legal Sciences and Law and Innovation at the University of Macerata in Italy.

The seminar’s title, “The Corporation as Technology: Re-Calibrating Corporate Governance for a Sustainable Future,” is also the provisional title of Bruner’s forthcoming Oxford University Press book.

Bruner was introduced by Alessio Bartolacelli, who holds the Jean Monnet Business Law Chair in the European Union and Sustainable Economy at Macerata.