Georgia Law Professor Harlan Cohen presents at European Society of International Law annual meeting in the UK

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Harlan Grant 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 presented at the annual meeting of the European Society of International Law in Manchester, United Kingdom.

Cohen presented his paper, entitled “What is International Trade Law For?” as part of the International Economic Law Interest Group Roundtable, “The Multilateral Trading System in Trouble.”

Known by its acronym ESIL, the goals of the European Society of International Law “are to contribute to the rule of law in international relations and to promote the study of public international law.”

Law in Practice International Interns from Sheffield Hallam University visit the Dean Rusk International Law Center for training

Group Photo RuskLast week, the Dean Rusk International Law Center was pleased to co-present a training with Sheffield Hallam University on criminal law and human rights for eight law students from the United Kingdom. Organized by Dr. Laura Kagel, Associate Director for International Professional Education at the Dean Rusk International Law Center, and Michael Edwards (J.D. ’93), Senior Lecturer in Law and Criminology at Sheffield Hallam University, the four-day training was designed to prepare the students for summer internships they will undertake in the United States.

Faculty from both universities lectured on relevant topics. These included Georgia Law professors: Anne Burnett on legal research methods; Andrea Dennis on evidence; and Russel Gabriel on criminal procedure. From Sheffield Hallam University Michael Edwards lectured on international human rights and civil rights law, and Christopher Riley presented an introduction to the student internships.

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In addition to coursework, while in Athens, the students observed court proceedings and met with local prosecutors and court officials to hear about treatment and accountability courts. Organized by Assistant District Attorney Paige Otwell (J.D. ‘88), this discussion was particularly engaging, as England currently only has one court of this type. Students also spent a day learning more about advocacy and civil rights in Atlanta. The students prepared and presented mock oral arguments at the Supreme Court of Georgia, toured the State Capitol, and visited the Martin Luther King, Jr. National Historical Site. They also visited the Southern Center for Human Rights, where Tiffany Williams Roberts, Community Engagement and Movement Building Counsel, discussed the work of the non-profit law firm.

The Sheffield students are now off to begin their internships; we wish them an enriching summer!

Professor Bruner compares UK, US business practices in new “Research Handbook on Fiduciary Law”

Christopher M. Bruner, J. Alton Hosch Professor of Law here at the University of Georgia School of Law, has just published “Opting Out of Fiduciary Duties and Liabilities in U.S. and U.K. Business Entities.” It appears as a chapter in a 2018 Edward Elgar volume, entitled Research Handbook on Fiduciary Law, and edited by D. Gordon Smith, Dean and Glen L. Farr Professor of Law at Brigham Young University’s J. Reuben Clark Law School,  and Andrew S. Gold, Professor of Law at DePaul University College of Law.

Here’s the SSRN abstract for Bruner’s contribution:

This chapter explores the extent of contractual freedom to opt out of fiduciary duties and liabilities in U.S. and U.K. business entities, including the U.S. corporation, general partnership, limited partnership, limited liability partnership, and limited liability company, and the U.K. limited company, general partnership, limited partnership, and limited liability partnership.

Discernible commonalities emerge from this comparative analysis. Notably, corporate law readily permits reducing liability exposure for breaches of duty in each jurisdiction, yet provides only quite limited capacity to carve back at the substance of the duties themselves. Meanwhile, unincorporated entities in each jurisdiction offer substantially greater latitude to limit the duties themselves, in some cases resulting in purely contractual business relationships.

Yet substantial differences are also apparent. U.S. corporate law permits greater insulation from liability exposure, and U.S. unincorporated entities generally provide clearer and more extensive latitude to eliminate default duties of loyalty and care outright (particularly in Delaware). One cannot comprehensively declare that U.S. law universally deviates further from the “fiduciary” governance paradigm, however, because the U.K. limited liability partnership has gone further by providing an entity form in which no such general default duties apply at all.

The analysis raises some complex comparative questions, and the chapter closes with brief reflections on why such trends, commonalities, and divergences may have arisen.

Professor Cohen’s AJIL essay on “Multilateralism’s Life-Cycle” at SSRN

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 “Multilateralism’s Life-Cycle,” which will appear in a forthcoming issue of volume 112 of the American Journal of International Law.

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 for this essay by Professor Cohen, an expert in global governance and member of the AJIL Board of Editors:

Does multilateralism have a life-cycle? Perhaps paradoxically, this essay suggests that current pressures on multilateralism and multilateral institutions, including threatened withdrawals by the United Kingdom from the European Union, the United States from the Paris climate change agreement, South Africa, Burundi, and Gambia from the International Criminal Court, and others, may be natural symptoms of those institutions’ relative success. Successful multilateralism and multilateral institutions, this essay argues, has four intertwined effects, which together, make continued multilateralism more difficult: (1) the wider dispersion of wealth or power among members, (2) the decreasing value for members of issue linkages, (3) changing assessment of multilateral institutions’ value in the face of increased effectiveness, and (4) members’ increased focus on relative or positional gains over absolute ones. Exploring how each of these manifests in the world today, this essay suggests that current stresses on multilateralism may best be understood as the natural growing pains of an increasingly mature set of institutions. The open question going forward is what form the next stage of development will take. Will strategies of multilateralism continue or will they be replaced by smaller clubs and more local approaches?

Global migration topic of 2-day AILA event our alumna’s helping organize

On behalf of a member of our Dean Rusk International Law Center Council, we’re pleased to announce an upcoming event:

The American Immigration Lawyers Association Global Migration Section  will host a conference entitled “Global Immigration in a Protectionist World” June 20-21, 2017, in New Orleans, Louisiana.

Panel topics include: the future of immigration law from a global perspective, running a global practice, consular processing, European Union immigration directives in light of Brexit, cybersecurity, and global mobility options for LGBT clients.

Alumna and Council member Anita E. J. Ninan (above), who is Of Counsel at Arnall Golden Gregory LLP in Atlanta and Advocate, Bar Council of Delhi, India, serves on the conference committee for this group – which, she writes, is

“the global outbound immigration section of AILA and includes foreign attorneys and legal practitioners as its members.”

Registration (early bird rates end May 10) and further details here.

Belgian Consul General de Baets featured at Global Atlanta luncheon

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Pictured at front, from right: Belgian Consul General William de Baets and Phil Bolton and Trevor Williams, respectively, publisher and managing editor of Global Atlanta.

For decades, we at the University of Georgia School of Law have welcomed collaboration with Belgium and its people and institutions. Even before 1978, when Belgium’s national airline became the 1st foreign carrier to fly nonstop to Atlanta, a Belgian attorney became the 1st foreign-trained lawyer to earn Georgia Law’s Master of Laws (LL.M.) degree. And thanks to the hard work and generosity of Georgia Law professors like Gabriel Wilner and our Center’s namesake, former U.S. Secretary of State Dean Rusk, we’ve partnered with leading Belgian universities to offer summer seminars on issues related to international  law and policy, often with a focus on European Union and transatlantic cooperation. That tradition will continue via this summer’s global governance school at the home of our partner, the Leuven Centre for Global Governance at the University of Leuven, one of Europe’s premier research institutions.

Thus it was a special pleasure to attend last Friday’s “Consular Conversations: Luncheon Interview With Belgium’s Consul General,” held at the Atlanta office of Miller & Martin, where Tom Harrold, Georgia Law alumnus and member of our Dean Rusk International Law Center Council, leads the International/World downloadLaw practice group. The event was part of a series of conversations sponsored by another Center partner, Global Atlanta.

Guest of honor was William de Baets, who’s served since last April as Belgium’s top diplomat in the Southeastern United States. In a wide-ranging conversation with Phil Bolton and Trevor Williams, Global Atlanta’s publisher and managing editor, de Baets explained he’d joined Belgium’s foreign service following 9 years as a Navy officer. Postings before his arrival at Atlanta included deputy head of mission in Côte d’Ivoire, Ethiopia, and Venezuela, and political counselor at Belgium’s embassy in Washington, D.C.

De Baets said that his office provides consular services and also engages in public and economy diplomacy; Friday’s conversation fulfilled the latter role. He spoke to a full house – a testament to the fact that Belgium ranks among the top 10 foreign investors in Georgia, which is home to more than 70 Belgian companies and more than 5,000 Belgian nationals.

Asked about Belgium’s renown as the home of Tintin and the Smurfs, not to mention 20th C. surrealists like René Magritte, de Baets recalled an artistic tradition that reaches back to the 16th C. Flemish master, Peter Paul Rubens. Additionally, Belgium did not gain independence until 1830; before that “the territory kept changing hands and was ruled by other people,” he noted. “We couldn’t speak up too much. We were saying yes and thinking no, or saying yes and doing what we wanted to do. It was a source of our humor – we couldn’t take ourselves too seriously.”

Again answering a question, de Baets spoke of his father’s participation in the resistance during Germany’s occupation of Belgium during World War II.

Flags of the 28 NATO member countries

Conversation then turned to Belgium’s role in contemporary matters. Regarding Brussels-based NATO (right), the defense alliance established 68 years ago by the North Atlanta Treaty, de Baets noted apparent disagreement within the new U.S. administration. Indeed, earlier in the week the South Carolina Governor tapped to become U.S. Ambassador to the United Nations, Nikki Haley, had called NATO “important.”

Although the United States can defend itself without NATO, Europe cannot, and so de Baets advocated strengthening the European Union’s security pillar to offset any weakening of NATO. Such alliances are essential for countries like Belgium and its neighbor, Luxembourg. Yet de Baets acknowledged difficulty in achieving the goal, given disagreement among EU member states – including Britain, even before its people voted in favor of Brexit.

Dubbing compromise a “Belgian export,” de Baets indicated that his country could a key role in aiding Europe’s efforts to resolve crises in financial and security sectors, as well as migration. The goal, he said, is to “strengthen our security without giving up our values.”

Amid UK Brexit furor, Consul General stresses Ireland’s solidarity with EU

“Ireland will be committed to the European Union for the long term.”

stephens2That pledge formed the core message of “Ireland, the European Union, and Brexit,” the talk that Shane Stephens, the Irish Consul General in Atlanta, delivered yesterday to students at the University of Georgia School of Law. (Sponsoring were Georgia Law’s Dean Rusk International Law Center, along with the university’s Willson Center for Humanities & Arts and School of Public & International Affairs.) Stephens, who represents Ireland throughout the southeastern United States, continued:

“The European Union is a massively successful peace process, first and foremost. It brought the countries of Europe so close that another war like the 1st and 2d World Wars cannot happen again. It expanded peace, prosperity, and democratic principles. That’s been good for Europe, and good for the world as well.”

The diplomat’s fiercely pro-EU stance contrasts with the current political climate in Ireland’s eastern neighbor and former colonizer – the United Kingdom, where, on June 23 of this year, British voters opted to leave the EU by a margin of 52% to 48%. Brexit hit a snag last week, when Britain’s High Court ruled that only Parliament has the power to take leave from the EU. But that decision awaits appeal to the Supreme Court of the United Kingdom; Stephens’ talk proceeded on the assumption that leave eventually would occur.

“Anticipation of Brexit already has had a huge impact in Ireland and the United Kingdom,”

he explained. By way of example, he noted that the value of the pound sterling has plummeted, and that has made Irish crops more costly, and so less desirable, in the British marketplace.

stephens1Stephens predicted that the UK would retain some relationship with the EU, but said its contours would depend on negotiations between the two. Given the anti-immigration sentiment that helped propel “Leave” to victory, a sticking point may be the free movement of workers. Stephens said:

“This is one of the core principles of the EU, one of the things that makes the EU great, in my view.”

(Driving home the point was Mise Éire/I am Ireland, the brief Irish government video that he showed, which reveals diversity in the Irish polity.) Stephens said he expected access to Europe’s single market to remain contingent on acceptance of the freedom of movement, yet surmised that “pragmatic” negotiations might produce a solution to this disagreement.

Brexit poses opportunities as well as challenges for Ireland, Stephens noted. Ireland’s status as a “market-oriented” European country is likely to increase. Its already enjoys strengths in financial technology, pharmaceuticals, and the software industry, with giants like Google having significant presence on the island. In Stephens’ words:

“Ireland is a place where people are happy to work.”