Walter Hellerstein, Distinguished Research Professor and Shackelford Distinguished Professor Emeritus in Taxation Law here at the University of Georgia School of Law, spoke this month at a gathering of the Organisation for Economic Co-operation and Development in Paris, France.
Hellerstein presented “Crypto-Assets: Key Concepts and Terms,” a paper he co-authored with a member of the Secretariat, at a meeting of the OECD Working Party No. 9 on Consumption Taxes.
A decision in which the U.S. Court of Appeals for the Eleventh Circuit overturned its precedent regarding international arbitration awards, and thus ruled in line with other federal appellate courts, is the subject of a new commentary by Peter B. “Bo” Rutledge (above left) and student Vladyslav Rudzinskyi, a member of the Master of Laws (LL.M.) Class of 2023.
Their article, entitled “Eleventh Circuit Switches Stance on Grounds for the Vacatur of Non-Domestic Awards,” appeared on May 11 in the Daily Report.
The article discusses Corporacion AIC, SA v. Hidroelectrica Santa Rita S.A., an en banc April 13, 2023, decision in which the Eleventh Circuit set aside panel precedents to hold that vacatur proceedings related to non-domestic awards are governed by chapter 1 the Federal Arbitration Act. Noting that the new decision corresponds with others in the Second, Third, Sixth, and Tenth Circuits, Rutledge and Rudzinskyi concluded noted:
“Previously, arbitration practitioners in the Eleventh Circuit (especially hubs like Atlanta and Miami) could tout its distinctive vacatur standards as a reason to site disputes there.
“Those standards had aligned the Eleventh Circuit with international jurisdictions following the UNCITRAL Model Arbitration Law (whose vacatur standards track those under the New York Convention). Corporacion strips the Eleventh Circuit of that potential comparative advantage as an arbitral forum.”
They further warned that “[t]he new standard risks diluting the enforceability of international awards.”
University of Georgia School of Law Professor Diane Marie Amann contributed the afterword to a just-published volume featuring an English translation of an important work by the late Mireille Delmas-Marty (1941-2022), Collège de France de Paris law professor and one of the pre-eminent legal thinkers of her generation.
Co-editors of the volume, A Compass of Possibilities, are law professors Emanuela Fronza (University of Bologna, Italy) and Chiara Giorgetti (University of Richmond). Fronza also wrote an Epilogue to the main work. Subtitled “Global Governance and Legal Humanism,” the book offers, in translation, Delmas-Marty’s 2011 closing lecture at Collège de France, entitled “Une boussole des possibles. Gouvernance mondiale et humanismes juridiques.” Publishing the new work is 1088 Press, a University of Bologna imprint.
Amann – who is Regents’ Professor of International Law, Emily & Ernest Woodruff Chair in International Law, and a Faculty Co-Director of our Dean Rusk International Law Center here at Georgia Law – was a longtime colleague of Delmas-Marty. Amann’s role in their collaborations included a year-long stint as professeure invitée at Université de Paris 1 (Panthéon-Sorbonne), where Delmas-Marty then taught; a lecture at Collège de France; and annual participation in a decade of gatherings of the Réseau ID franco-américain/French-American Network on the Internationalization of Law.
Amann’s afterword is titled “A Guide to Mireille Delmas-Marty’s “Compass'”; it appears at pp. 55-64 of the new volume. Here’s the abstract from a pre-publication version of Amann’s afterword, available at SSRN:
“This essay appears as the Afterword (pp. 55-64) to a volume featuring an important work by the late Mireille Delmas-Marty (1941-2022). A Collège de France de Paris law professor and one of the pre-eminent legal thinkers of her generation, Delmas-Marty and the essay’s author were longtime colleagues and collaborators. The volume contains an English translation of a 2011 lecture by Delmas-Marty, originally titled “Une boussole des possibles: Gouvernance mondiale et humanismes juridiques.” Amann’s essay surveys that writing, in a manner designed to acquaint non-francophone lawyers and academics with Delmas-Marty’s vast and visionary œuvre.”
The latest publication by University of Georgia School of Law Professor Melissa J. “MJ” Durkee is now in print at Yale Journal of International Law.
The article by Durkee, who is Associate Dean for International Programs, Director of the Dean Rusk International Law Center, and Allen Post Professor here at Georgia Law, is “The Pledging World Order,” 48 Yale J. Int’l L. 1 (2023).
Here’s the SSRN abstract:
“There is an emerging world order characterized by unilateral pledges within a legal or ‘legal-ish’ architecture of commitments. The pledging world order has materialized in the international legal response to climate change and in other diverse sites. It crosses and blurs the public-private divide. It erodes distinctions between multilateralism and localism, law and not-law, and progress and stasis. It is both a symptom of and a contributor to the dismantling of the Westphalian and postwar orders. Its report card is mixed: While pledging can be highly ineffective as a legal technology, the pledging world order may respond to some legitimacy concerns that attach to earlier orders. And this may be the best available method to respond to important global commons problems like climate change, biodiversity loss, orbital debris, and other emerging issues.
“This Article makes three principal contributions. First, it identifies pledging as a treaty design choice and contrasts it with a variety of standard forms of international lawmaking. Second, it casts pledging as a trans-regime, trans-substantive ordering device that appears both inside and outside of law, in public and private sites, and at all levels of organization. Third, it identifies features of the world order that pledging reflects. Specifically, the pledging world order privileges function over status, departs from the top-down methods of deep cooperation common to the postwar legal order, and embraces a form of coordinated autonomy. Reformers might make design choices to improve this order, try to reclaim features of older orders, or reject both paths and turn to something new.”
Prior posts on Durkee’s presentations of this scholarship here.
Delighted to report that the just-released U.S. News rankings place our international law curriculum here at the University of Georgia School of Law at No. 15 in the United States.
This excellence rating caps a decade in which our international law initiatives have ranked in the top 20 or so among US law schools. In this year’s rankings, our international law curriculum tied with UCLA Law for the No. 15 spot. (The University of Georgia School of Law, as a whole, earned a No. 20 ranking this year, as it posted here.)
Our international law achievement is due in no small part to the enthusiastic support and hard work of everyone affiliated with Georgia Law’s four-decades-old-old Dean Rusk International Law Center. As chronicled at this Exchange of Notes blog and our Center website, these include:
► Superb members of the law faculty, including: Dean Peter B. “Bo” Rutledge, an international arbitration expert; our Center’s Director, Melissa J. “MJ” Durkee, whose expertise includes international business law, international environmental law, and space law; the Center’s Faculty Co-Directors, Professors Diane Marie Amann, an expert in peace-and-security fields including the laws of war, child rights, and international criminal justice, and Harlan G. Cohen, an expert in global governance, trade, and foreign relations law. Among those supporting their efforts are many other Georgia Law faculty and courtesy faculty members, including: Professors Zohra Ahmed, whose interests include law and political economy; Christopher M. Bruner, a comparative corporate governance scholar; Thomas Burch, who leads the Appellate Clinic that has won clients relief under the Convention Against Torture; Anne Burnett, foreign and international law research librarian; Jason Cade and Clare Norins, who recently led a clinical team in securing federal redress for immigration detainees; Nathan S. Chapman, a scholar of due process and extraterritoriality; Jessica L. Heywood, Director of the Washington, D.C. Semester in Practice; Thomas E. Kadri, whose expertise includes cybercrime and global data privacy; Fazal Khan and Elizabeth Weeks, health law specialists; Jonathan Peters, a journalism and law professor expert in international media and free speech; Laura Phillips-Sawyer; Kalyani Ramnath, a global legal historian who focuses on South Asia; Lori A. Ringhand, a scholar of comparative constitutional law and elections law; Tim Samples, whose scholarship includes global digital platforms agreements; Kent Barnett, Sonja West, and Elizabeth Chamblee Burch, who have presented overseas on administrative law, media law, and civil procedure, respectively; Walter Hellerstein, a world-renowned tax specialist; Michael L. Wells, a European Union scholar; and Anna Howard White, who led our champion Jessup International Moot Court Team.
► Talented students pursuing JD, MSL, and LLM degrees, as well as Graduate Certificates in International Law. They include: our Center’s many Student Ambassadors; the staffers and editors of the Georgia Journal of International and Comparative Law who produce one of the country’s oldest student journals, and who led our October 2022 conference, “The Law of Global Economic Statecraft”; the advocates on the Philip C. Jessup International Law Moot Court, the LL.M.s’ International Commercial & Investment Arbitration Moot Competition, and the Willem C. Vis International Commercial Arbitration Moot; student clinicians in our Appellate Litigation Clinic who have argued asylum cases before U.S. Courts of Appeals, as well as those in our Community HeLP Clinic, Jane W. Wilson Family Justice Clinic, and First Amendment Clinic who have litigated claims for detainees and other immigration clients; participants in our Global Externships as well as our full-semester NATO Externship and other D.C. Semester in Practice placements; and the student leaders of our International Law Society.
► Superb Center staff like Laura Tate Kagel, Sarah Quinn, Mandy Dixon, and Catrina Martin.
► Visiting Scholars and Researchers, including, most recently, Professor Brianne McGonigle Leyh and Maisie Hopkins from the Netherlands’ Utrecht University, Daesun Kim, a comparative administrative law researcher; and Professor Natalia Pires de Vasconcelos, Insper São Paulo, Brazil.
► Academics, practitioners, and policymakers, from all over the world, who have contributed to our events – conferences, workshops, and lectures, including our ongoing Consular Series and International Law Colloquium, as well as this past semester’s Space Law Speaker Series, part of a minicourse that culminated in a daylong problem-solving exercise.
► Graduates who excel as partners in international commercial law firms, as heads of nongovernmental organizations and international organizations, as in-house counsel at leading multinational enterprises, and as diplomats and public servants – and who give back through participation in our Dean Rusk International Law Center Council, through mentoring, and through other support.
► Our valued partnerships, with Georgia Law student organizations; with leading higher education institutions such as the Leuven Centre for Global Governance Studies in Belgium, our partner in our Global Governance Summer School, as well as O.P. Jindal University in India and Bar Ilan University in Israel, with which we have student and faculty exchanges; with organizations like the American Branch of the International Law Association, the American Society of International Law, and the European Society of International Law, in which our faculty have held leadership roles, as well as Global Atlanta, the World Affairs Council of Atlanta, the Atlanta International Arbitration Society; and with university units like the School of Public & International Affairs, the Terry College of Business, the Grady School of Journalism, the African Studies Institute, and the Willson Center for Humanities & Arts.
With thanks to all, we look forward to continue strengthening our initiatives in international, comparative, transnational, and foreign relations law – not least, in the preparation of Georgia Law students to practice in our 21st C. globalized legal profession.
Christopher Bruner, the Stembler Family Distinguished Professor in Business Law here at the University of Georgia School of Law, was quoted earlier this month in The Royal Gazette, a daily newspaper based in Hamilton, Bermuda. The article reported on participation by Bruner and others in Princeton University’s Law, Identity, and Economic Development in the Post-Colonial Era symposium held during April. (prior post)
Entitled “Bermudians join discussions on regional economic development,” the article cited Bruner’s 2016 Oxford University Press book, Re-Imagining Offshore Finance: Market Dominant Small Jurisdictions in a Globalising Financial World. It then reported Bruner’s comments respecting the significance of issues that the Princeton conference explored:
“Small jurisdictions around the world – including in the Northern Atlantic and Caribbean regions – are at the front lines of a range of global environmental and economic challenges.
“Now more than ever, it is critical that we explore sustainable economic development models available to small jurisdictions, as well as the lessons that all jurisdictions can learn from their experiences.”
The implications of a recent federal appellate ruling related to international civil litigation is the subject of a commentary published last week by the dean and a student researcher here at the University of Georgia School of Law.
Coauthoring the Daily Report article, entitled “State Secrets Privilege: A Challenge in International Litigation,” were international business law expert Peter B. “Bo” Rutledge, Dean and Herman E. Talmadge Chair of Law at Georgia Law, along with Alexandra Lampe, a member of Georgia Law’s Master of Laws (LL.M.) Class of 2023.
The article discusses Sakab Saudi Holding Co. v. Aljabri, 58 F.4th 585 (1st Cir. 2023), in which the Boston-based U.S. Court of Appeals affirmed a dismissal of a suit arising out of an asset seizure, lest further litigation risk disclosure of state secrets. After describing the ruling in the context of other case law, Rutledge and Lampe concluded:
“Parties in international commercial disputes with any kind of national security implication approaching U.S. courts, thus, should be aware to not expect too much from such proceedings. … [T]he broad application and interpretation of the state secrets privilege in the U.S. can complicate the resolution of international disputes.”
Walter Hellerstein, Distinguished Research Professor and Shackelford Distinguished Professor in Taxation Law Emeritus here at the University of Georgia School of Law, was featured last Tuesday on Bloomberg’ Daily Tax Report.
The article, entitled “Minnesota Targets Corporations Shifting Profits to Tax Havens” and written by Michael H. Bologna, discussed the practice of worldwide combined tax reporting.
An ongoing exhibit here at the Dean Rusk International Law Center, University of Georgia School of Law, celebrates the distinguished life and career of Professor Sigmund A. Cohn, who taught the law school’s first international law class, in 1940.
Cohn’s courses, in international law and in comparative law, blazed a trail. Others would follow Cohn’s path; among them, past Georgia Law Professors Dean Rusk, Louis B. Sohn, and Gabriel Wilner.
The exhibit was researched and curated by two of the Center’s Student Ambassadors, 3L Isabel White and 2L Carolina Mares, along with Rachel Evans, Metadata Services & Special Collections Librarian at the law school’s Alexander Campbell King Law Library. It features a collection of archival items about Cohn’s life and work.
Cohn was born in 1898 in Breslau, Germany (now Wrocław, Poland) to a Jewish family. He became a lawyer and then a judge in Germany’s Weimar Republic. But in 1934, Nazi Germany’s antisemitic laws forced him out of his judicial position. Cohn immigrated to Italy for a few years, but then was forced to immigrate once again, to the United States.
He was hired by Georgia Law, and became its first professor of Jewish ancestry, at a time when state laws barred the paying of foreign citizens. His hiring thus was supported financially by Harold Hirsch – then general counsel at the Coca-Cola Co., and the lawyer for whom Georgia Law’s Hirsch Hall is named.
A portrait of Professor Cohn greets visitors to the Dean Rusk International Law Center.
Cohn’s legacy likewise continues in the form of Georgia Law’s highly ranked curriculum (here and here), in global practice preparation and international professional education, benefiting candidates for Juris Doctor, Master of Laws (LL.M.), and Master in the Study of Law (M.S.L.) degrees as well as Graduate Certificate in International Law students.
“National Identity and Economic Development in Market-Dominant Small Jurisdictions” is the title of the workshop paper that Christopher Bruner, the Stembler Family Distinguished Professor in Business Law here at the University of Georgia School of Law, presented last Friday at Princeton University.
Bruner’s talk was part of a symposium on “Law, Identity, and Economic Development in the Post-Colonial Era: The Case of the Northern Atlantic and Larger Caribbean Regions,” hosted by the Princeton School of Public and International Affairs. The university’s Liechtenstein Institute on Self-Determination co-sponsored the event.
exchange of notes 