Professor Bruner presents at Law, Finance and Sustainability conference at University of Sheffield, England

Christopher Bruner, J. Alton Hosch Professor of Law at the University of Georgia School of Law, took part on Monday at a global conference on “Law, Finance & Sustainability” in Sheffield, England.

Hosted by the Institute of Corporate and Commercial Law at the University of Sheffield, and cosponsored by the Sustainable Market Actors for Responsible Trade (SMART) initiative at the University of Oslo, Norway, the event brought together an international group of scholars and practitioners to discuss financial dimensions of corporate sustainability.

Professor Bruner’s scholarship scholarship focuses on corporate, securities and financial law, including international and comparative dimensions. At the Sheffield conference, he presented a working paper titled “Corporate Governance Reform in Post-Crisis Financial Firms: Two Fundamental Tensions.”

“The Next Generation of International Trade Agreements”: September 18 Georgia Law conference to feature trade law scholars, practitioners

Eugene Talmadge Memorial Bridge over the Savannah River, at the Port of Savannah, Georgia, the largest single container terminal in the United States. Photo (1998) by Jonas N. Jordan, U.S. Army Corps of Engineers.

“The Next Generation of International Trade Agreements” is the timely title of this year’s annual conference organized by the Georgia Journal of International & Comparative Law and Dean Rusk International Law Center, University of Georgia School of Law. Set for Monday, September 18, 2017, the daylong conference will celebrate the 40th anniversary of the Center.

Scholars and practitioners from North America and Europe will come together to discuss one of the most pressing topics in today’s international arena. Panels, which will follow introductory remarks by Georgia Law Dean Peter B. “Bo” Rutledge and Center Director Kathleen A. Doty, are as follows:

Setting the Negotiating Agenda: C. Donald Johnson (Georgia Law JD’73), Emeritus Director of the Dean Rusk International Law Center and former U.S. Ambassador, Office of the U.S. Trade Representative; Professor Kathleen Claussen, Miami Law; Nicolas Lamp, Professor at Queen’s University Law, Canada, and former Dispute Settlement Lawyer, Appellate Body Secretariat, World Trade Organization; and Professor Timothy Meyer, Vanderbilt Law.

Changing Dynamics in Global Trade Negotiations: Professor Gregory Shaffer, California-Irvine Law; Professor Mark Wu, Harvard Law; and Professor Padideh Ala’i, American University Law. Moderating will be Tina Termei (Georgia Law JD’10), Corporate Counsel for Global Trade at Amazon.

Industry Roundtable Luncheon Conversation: Ling-Ling Nie, Chief Compliance Officer & Assistant General Counsel, Panasonic North America; Stewart Moran, Assistant General Counsel, Carter’s | OshKosh B’gosh; and Travis Cresswell, Senior Managing Counsel, The Coca-Cola Co.

Pluralism/Regionalism/Fragmentation: Professor Antonia Eliason, Mississippi Law; Professor Markus Wagner, Warwick Law, England; and Professor Robert Howse, New York University Law. Moderating will be Harlan G. Cohen, Gabriel M. Wilner/UGA Foundation Professor in International Law and Faculty Co-Director, Dean Rusk International Law Center, University of Georgia School of Law.

Delivering closing remarks will be Victoria A. Barker, Editor-in-Chief of the Georgia Journal of International & Comparative Law. Additional speakers are invited but not yet confirmed: invited: Terry Smith Labat (Georgia Law JD’77), U.S. Department of Commerce; Audrey Winter (Georgia Law JD’80), Deputy Assistant U.S. Trade Representative for China, Office of the U.S. Trade Representative; and Professor Saxby Chambliss, Sanders Political Leadership Scholar at Georgia Law, partner at DLA Piper, and former U.S. Senator.

Issues these experts will explore include, as described in the concept note:

“International trade law is at inflection point. Until quite recently, international trade agreements appeared to be moving along a relatively predictable trajectory. Reforms and changes were discussed and negotiated, but mostly along the margins of a supposed consensus about the general direction of the field. Political events of the past year, though – Brexit, the United States’ abandonment of TPP, calls to renegotiate NAFTA, accelerating negotiations of RCEP, and China’s roll out of its One Belt One Road initiative, among others – have challenged that trajectory and sent policymakers and trade lawyers in search of a new trade compass. A new period of negotiation and renegotiation, however, is on the horizon. While this is a source for many of anxiety, it is also an opportunity for progress, reform, and creative thinking. This conference will bring together top scholars and practitioners in the field to discuss the directions forward for international agreements. What should be on the table as old agreements are reopened and new ones are negotiated? What changes are needed to adapt trade agreements to new economic and technological realities? And how can the next generation of trade agreements respond to globalization’s discontents?”

Cosponsoring the conference are the law school’s Business Law Society, Corsair Law Society, and International Law Society, along with the University of Georgia School of Public & International Affairs.

Details and registration here for the conference, for which CLE credit is available.

Professor Cohen explores American international law and legal realism

Harlan Grant Cohen, the Gabriel M. Wilner/UGA Foundation Professor in International Law and Faculty Co-Director of our Dean Rusk International Law Center at the University of Georgia School of Law, has posted a chapter entitled “Are We (Americans) All International Legal Realists Now?,” which will appear in the forthcoming Cambridge University Press volume Concepts on International Law in Europe and the United States, edited by Chiara Giorgetti and Guglielmo Verdirame.

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:

“Is American international law distinctly legal realist? The claim is often made, but underexplored. What would it mean for American international law scholarship and practice to be legal realist in its orientation? Where would such an orientation come from, and what do those origin stories mean for current international law work? Are there common realist-inspired approaches within the varied schools of American international law scholarship? Does wielding those approaches produce distinctly American views on international law doctrine, its operation, or its function? And if American international law scholarship and practice is, in these ways, somewhat distinct, what does it mean for the broader, global project of international law?

“This chapter takes the claim seriously and explores the ways in which American international law may in fact be tinged with legal realism. It explores how a number of intellectual trends—American jurisprudential legal realism, post-World War II international relations scholarship, utopian strands in American foreign policy thinking, and U.S.-specific foreign relations law—converged to bring a series of specific methods or attitudes to the forefront in American approaches international law. Perhaps provocatively, this chapter argues that all the major schools of American international law—New Haven, International Legal Process, Transnational Legal Process, Law and Economics, International Relations and International Law, and others—have picked up these methods, attitudes, or approaches—enough to warrant labeling all of them as essentially ‘legal realist.’

“And it explores how legal realism translates into four noticeable trends in American approaches to international law:

(1) a focus on norms rather than rules,

(2) a focus on process rather than doctrine,

(3) a focus on institutions and power rather than substantive rules, and

(4) an emphasis on pragmatism and practicality.”

Visiting Scholar Yanying Zhang, law professor at Shandong University

Yanying Zhang, a widely published legal scholar from China, is now in residence as the 2017-18 Visiting Scholar here at the Dean Rusk International Law Center, University of Georgia School of Law. She joins us from China’s Shandong University of Finance and Economics, where she serves as Professor of Law, Graduate Supervisor, Director of the Comparative Law Research Center, and Vice Dean of the Economic and Trade Law Department.

Professor Zhang will continue her research on Land Takings from the Perspective of Remedy: Problems Inspection and Systems Innovation, funded by a grant from the Ministry of Education of China. Professor Christian Turner will serve as her Georgia Law faculty sponsor.

Her visit continues our Center’s long tradition of hosting, for brief or extended stays, scholars and researchers whose work touches on issues of international, comparative, or transnational law. Details and an online application to become a visiting scholar here.

Professor Zhang earned her doctorate in comparative law from China University of Political Science and Law, her master’s degree in law from Renmin University of China, and her bachelor’s degree from Shandong Normal University. She has published numerous books and articles in her areas of research, which include comparative law, land law, contracts, torts, administrative remedies, dispute resolution, and bilingual education, and has received awards for her scholarship and teaching. She is a member of the China Law Society, a Council member of the Shandong Law Society, and a Council member of the Chinese Society of Comparative Law.

She was a Visiting Scholar last year at the University of Wisconsin-Madison School of Law, and several years ago at the University of Iowa College of Law.

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; Margaret 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.