Georgia Law Professor Amann’s “Glimpses of Women at the Tokyo Tribunal” in just-published book

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, has published an essay entitled “Glimpses of Women at the Tokyo Tribunal.”

It appears in a new book, The Tokyo Tribunal: Perspectives on Law, History and Memory, produced by four editors: Professor Kerstin von Lingen, Universität Wien, Austria; Professor Philipp Osten, Keio University, Japan; and Dr. Viviane E. Dittrich and Jolana Makraiová, both of the International Nuremberg Principles Academy, Germany. 

These four took part last week in a launch discussion, archived at YouTube, along with two others among the book’s contributors: Professor Gerry Simpson, London School of Economics and Political Science, England; and Professor Yuma Totani, University of Hawai’i, United States.

Further contributing essays to The Tokyo Tribunal were, besides Amann, David M. Crowe, Diane Orentlicher, Kayoko Takeda, Robert Cribb, Donald M. Ferencz, Marina Aksenova, David Cohen, Narrelle Morris, Beatrice Trefalt, Sandra Wilson, Franziska Seraphim, Kuniko Ozaki, and Christoph Safferling.

Here’s the abstract for Amann’s contribution (prior post):

Compared to its Nuremberg counterpart, the International Military Tribunal for the Far East has scarcely been visible in the seven decades since both tribunals’ inception. Recently the situation has changed, as publications of IMTFE documents have occurred alongside divers legal and historical writings, as well as two films and a miniseries. These new accounts give new visibility to the Tokyo Trial – or at least to the roles that men played at those trials. This essay identifies several of the women at Tokyo and explores roles they played there, with emphasis on lawyers and analysts for the prosecution and the defense. As was the case with my 2010 essay, “Portraits of Women at Nuremberg,” the discussion is preliminary, offering glimpses of the Tokyo women in an effort to encourage further research.

The Tokyo Tribunal volume, which was published by the Brussels-based Torkel Opsahl Academic Epublisher, may be downloaded as an e-book, or ordered in hard copy, here. It is also available at outlets such as Amazon.

It is the third book in the “Nuremberg Academy Series” produced by the International Nuremberg Principles Academy, located at the Palace of Justice in Nuremberg, Germany. It was in Courtroom 400 of that building that a conference took place which launched this just-published volume.

(Cross-posted from Diane Marie Amann)

Georgia Law Professors Durkee, Cohen, and Amann present at annual ASIL Midyear Meeting and Research Forum

Last weekend marked the annual Midyear Meeting and Research Forum of the American Society of International Law, held online because of the ongoing pandemic. This year as in the past, University of Georgia School of Law faculty played key roles. They are:

► Melissa J. “MJ” Durkee, the Allen Post Professor at Georgia Law. She participated in meetings of two key ASIL entities; that is, the Executive Council, on which she is serving a 3-year term, and the Board of Editors of the American Journal of International Law, at whose meeting she presented on behalf of the publication’s online platform, AJIL Unbound, for which she serves as Supervising Editor. Additionally, during the Midyear Meeting’s Research Forum, Durkee gave a presentation on the topic of “Interpretive Entrepreneurs,” at a panel entitled “International Law in Theory.”

Harlan G. Cohen, the Gabriel M. Wilner/UGA Foundation Professor in International Law and Faculty Co-Director of our Dean Rusk International Law Center. Also a member of the Board of Editors of the American Journal of International Law, Cohen gave a report at that board’s meeting on “International Decisions,” the AJIL section for which he has served as Editor. He also helped organize a keynote panel on “Multilateralism & International Institutions,” part of ASIL’s International Law and the 2020 Election Series.

Diane Marie Amann, the Emily & Ernest Woodruff Chair in International Law and our Center’s other Faculty Co-Director. She continued a second term as an ASIL Counsellor. As part of a Research Forum panel entitled “Historic Roots of International Law,” Amann presented her work in progress, “Intersectional Sovereignties: Dr. Aline Chalufour, Woman at Nuremberg – and at Paris, Ottawa, and Dalat.”

Georgia Law is an Academic Partner of ASIL, for more than a century the United States’ premier learned society in international law.

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)

Georgia Law alumna Lauren Brown publishes on “Legal Answer to the China Question” in NATO Legal Gazette

“Partnership, Not Pivot: NATO’s Legal Answer to the China Question” is the title of an article by Georgia Law alumna Lauren Brown, just published at 41 NATO Legal Gazette 27-45 (2020). The essay appears in an issue devoted to the subject of “Legal Aspects of Innovation.”

Brown wrote the article while serving in Spring 2019 as a full-semester NATO Legal Extern in Mons, Belgium, an experience she described in a prior post.

With reference to NATO, the North Atlantic Treaty Organization (NATO), Brown’s Legal Gazette essay asserts:

“[T]he Organization is falling behind in addressing the multipolar reality that has defined the geopolitical landscape since the early twenty-first century. This multipolar world features as primary influencers the United States, the Russian Federation, and the People’s Republic of China. And it requires NATO to undertake innovation in its strategy; in particular, to broaden its partnership initiatives formally to include China.”

The essay proceeds to outline multiple ways by which such a partnership might be forged, and concludes that “NATO’s future relevance is contingent upon its ability to directly and formally engage China in a meaningful cooperative partnership.”

Brown earned her Georgia Law J.D. degree magna cum laude in 2019. Since then, she has practiced as an Associate in the International Trade Practice at the Washington, D.C., office of the global law firm Squire Patton Boggs.

She also holds a master’s degree in International Relations from the University of Edinburgh in Scotland and B.A. in International Studies, with highest distinction, from the University of North Carolina-Chapel Hill. Before beginning her legal studies, she had worked as a news analyst in the Washington area. Her activities at law school included: Articles Editor of the Georgia Journal of International and Comparative Law; Research Assistant to Professor Harlan G. Cohen, our Center’s Faculty Co-Director; and Summer 2017 Global Extern at War Child Holland in Amsterdam.

Brown was Georgia Law’s inaugural NATO Legal Extern, thanks to a partnership between our Center and NATO Allied Command Transformation. That initiative is ongoing, as indicated by 3L Miles Porter’s recent post on his experience at NATO HQ SACT in Norfolk, Virginia.

Georgia Law Prof. Cohen presents on “Future of Trade” in webinar hosted by CAROLA/Georgetown Law

Harlan Cohen, the 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, recently joined a quartet of scholars and practitioners in presenting a webinar on “The Future of Trade,” hosted by CAROLA, the Center for the Advancement of the Rule of Law in the Americas at Georgetown Law.

Topics discussed included the World Trade Organization, the United States-Mexico-Canada Agreement, increasing U.S. use of national security measures to pursue trade objectives, and trade wars between the United States and China.

With ear to Global South, Georgia Law Professor Thomas Kadri discusses his “Networks of Empathy” in podcast

University of Georgia School of Law Professor Thomas Kadri joined a recent episode of the “Talking Research” podcast to talk about his research on digital abuse and his article “Networks of Empathy,” just published at Utah Law Review.

The podcast, hosted by India-based Asmita Sood, features interviews with researchers from around the world who study sexual violence across disciplines, with the aim of making academic knowledge more accessible to the public.

Kadri’s interview focused on the challenges of digital abuse and how people are increasingly using networked technologies to engage in harassment, stalking, privacy invasions, and surveillance. He discussed how technology companies should be more mindful of how their platforms facilitate digital abuse, urging decisionmakers at these companies to exhibit empathy toward abuse victims through design and policy choices.

With digital abuse on the rise globally, Kadri’s research explores how extralegal efforts can supplement laws and encourage their enforcement. In his article and this podcast, Kadri embraces a feminist perspective that urges people, and especially men, to speak out against digital abuse in an effort to shift social norms, challenge pernicious stereotypes, and help victims across gender and sexuality spectrums. In this same spirit, Kadri has also encouraged technology companies to hire and consult diversely, including by listening to voices from marginalized groups and people in the Global South who have often been ignored or undervalued by those with power in Silicon Valley.

The podcast episode is available here; Kadri’s article here.

Georgia Law Dean Bo Rutledge, 2L student Emina Sadic Herzberger publish on circuit split regarding discovery before arbitral tribunals

A federal judicial disagreement on the extent to which a discovery statute applies to private arbitration is the subject of a new commentary by the dean and a student researcher here at the University of Georgia School of Law.

Coauthoring the Daily Report article, entitled “Circuit Split Deepened by Second Circuit’s ‘Functional’ Test Application in Recent Section 1782 Ruling,” were international business law expert Peter B. “Bo” Rutledge, Dean and Herman E. Talmadge Chair of Law at Georgia  Law, along with 2L Emina Sadic Herzberger.

The article concerns whether 28 U.S.C. § 1782 – which authorizes discovery for use in proceedings before a “foreign or international tribunal” – extends to proceedings before private arbitral tribunals. The U.S. Courts of Appeals for the 4th and 6th Circuits generally say yes; for the 2d and 5th Circuits, no. The doctrine is uncertain, the authors point out, in the Atlanta-based 11th Circuit.

Their full commentary is here.

Georgia Law, ASIL to cosponsor conference on legal responsibility of corporations and nation-states

  • When private companies perform governmental functions and governments own companies, which acts should be attributed to the state?
  • Which should be attributed to the corporation?
  • And whose religious beliefs, speech rights, and moral standing can those entities claim?

These questions and more will be explored in The Law and Logics of Attribution: Constructing the Identity and Responsibility of States and Firms, a 2-day online conference that our Dean Rusk International Law Center, University of Georgia School of Law, will cohost next month.

Melissa “MJ” Durkee, Allen Post Professor at Georgia Law, is leading the event, which will bring together a multinational group of scholars in law and social sciences. It’s cosponsored by the American Society of International Law and ASIL’s Interest Group on International Legal Theory. Durkee serves as Vice Chair of that interest group; Chair is her Georgia Law colleague Harlan G. Cohen, Gabriel M. Wilner/UGA Foundation Professor in International Law and Faculty Co-Director of our Center. Registration is available here.

Scheduled to speak at the conference, which will take place 1-5 p.m. Friday, September 11, and Friday, September 18:

Olabisi Akinkugbe, Assistant Professor, Schulich School of Law, Dalhousie University, Canada

William C. Banks, Board of Advisors Distinguished Professor, Syracuse University College of Law, New York

Joshua Barkan, Associate Professor, Department of Geography, University of Georgia

Kristen Boon, Miriam T. Rooney Professor of Law, Seton Hall School of Law, New Jersey

Rachel Brewster, Jeffrey and Bettysue Hughes Professor of Law, Duke Law School, North Carolina

David Ciepley, Fellow, Center for Advanced Study in the Behavioral Sciences, Stanford University, California

Laura Dickinson, Oswald Symister Colclough Research Professor of Law, George Washington School of Law, District of Columbia

Melissa “MJ” Durkee, Allen Post Professor, University of Georgia School of Law

Benjamin Edwards, Associate Professor of Law, William S. Boyd School of Law, University of Nevada, Las Vegas

James Gathii, Wing-Tat Lee Chair in International law, Loyola University Chicago School of Law, Illinois

Sarah Haan, Associate Professor of Law, Washington and Lee School of Law, Virginia

Catherine Hardee, Associate Professor of Law, California Western School of Law

Doreen Lustig, Associate Professor, Tel Aviv University, Buchmann Faculty of Law, Israel

Kish Parella, Associate Professor of Law, Washington and Lee University School of Law, Virginia

Dalia Palombo, Senior Research Fellow, Institute for Business Ethics, University of St. Gallen, Switzerland

Mikko Rajavuori, Academy of Finland Post-Doctoral Fellow, University of Eastern Finland Law School

Ingrid Wuerth, Helen Strong Curry Chair in International Law, Vanderbilt School of Law, Tennessee

 

They’ll be examining aspects of the conference’s concept note:

“In international law, scholars and practitioners struggle to attribute rights and responsibilities between state and private entities in areas as diverse as military contracting, environmental accountability, human rights, international investment, and cyber espionage and warfare. In the corporate governance realm, attributing responsibility to entities is increasingly challenging in the context of globally dispersed corporate families with intricate parent-subsidiary structures; identity attribution has also produced headlining debates.

“While attribution questions fuel important conversations in both corporate and international law, the two literatures are not often in conversation. Questions of attribution in both domains nevertheless are becoming more complex and urgent, and the fields increasingly intersect: In some areas of law, attribution doctrines must determine the dividing line between states and firms. Doctrines of attribution construct the public domain, and thereby also the private. Attribution questions in both domains reinvigorate classic inquiries about the nature of a corporation, the relationship between private entities and the state, and the proper function of the law in mediating between the two.

“This conference will draw together corporate and international legal scholars, as well as thinkers outside the law, in order to cross-pollinate these two fields and the questions at their intersection, and to unearth promising theoretical tools. It will consider theoretical and doctrinal approaches to attribution, potential consequences of these approaches, and whether they may reconcile the ambiguities and deficiencies that drive current debates. The project aims to offer a new point of entry to enduring theoretical and doctrinal questions about the nature of corporations, of states, and of the relationship between them. It is particularly relevant at a time where corporations are ‘jurisdictionally ambiguous and spatially diffuse,’ states are deferential, dependent or outflanked, and multilateralism is at an ebb.”

Full details, including registration for this online event, are available here.

Georgia Law Prof. Cohen presents “Nations and Markets” at International Economic Law and Policy seminar

Harlan 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, recently presented his paper, “Nations and Markets,” in the International Economic Law and Policy work-in-progress seminar.

IELAP is a London-based series (currently online) convened by: Dr. Federico Ortino, Reader of International Economic Law, King’s College London; Dr. Lauge Poulsen, Associate Professor in International Political Economy and Director of Graduate Studies in Political Science, University College London; and Dr. Mona Pinchis-Paulsen , Assistant Professor at the Department of Law, London School of Economics.

Georgia Law Professor Harlan Cohen on “Metaphors of International Law”

Harlan G. Cohen, Gabriel M. Wilner/UGA Foundation Professor in International Law and Faculty Co-Director of the Dean Rusk International Law Center at the University of Georgia School of Law, has posted “Metaphors of International Law”, to appear in International Law’s Invisible Frames – Social Cognition and Knowledge Production in International Legal Processes.

Set to be published by Oxford University Press in 2021, the volume is co-edited by Andrea Bianchi, Professor of International Law at Switzerland’s Graduate Institute Geneva, and Moshe Hirsch, Maria Von Hofmannsthal Chair in International Law at the Hebrew University of Jerusalem.

Cohen presented the essay at a European Society of International Law workshop in Israel last December (prior post).

Here’s the abstract:

This chapter explores international law in search of its hidden and not-so-hidden metaphors. In so doing, it discovers a world inhabited by states, where rules are mined or picked when ripe, where trade keeps boats forever afloat on rising tides. But is also unveils a world in which voices are silenced, inequality is ignored, and hands are washed of responsibility.

International law is built on metaphors. Metaphors provide a language to describe and convey the law’s operation, help international lawyers identify legal subjects and categorize situations in doctrinal categories, and provide normative justifications for the law. Exploring their operation at each of these levels, this chapter describes the ways metaphors allow international lawyers to build a shared, tangible universe of legal meaning. But it also reveals how metaphors simultaneously help hide international law’s dark side, blind international lawyers to alternative ways of organizing the world, and prejudge legal outcomes. Metaphors, a key building block of the international law we know, become key also to its demolition, restoration, or remodeling.

The chapter is now available at SSRN.