Newsletter Vol. 36, Issue 1 January/March 2020 I t has been a great honor to serve as the President of our Society over these past two years. Due to the talent, commitment, and enthusiasm of our members, the Society is thriving in its mission of fostering the study of international law and promoting the establishment and maintenance of international relations on the basis of law and justice. I devote this final column to discussing the strides the Society has taken during my time as President. I’ll start with new initiatives that came online over the past two years. At the outset of my term, we launched our “signature top- ics” initiative, which identified two topics around which we galva- nized the Society’s resources, talent, and expertise. These topics addressed “Atrocity Prevention: The Role of International Law and Justice” (chaired by Todd Buchwald) and “Beyond National Jurisdiction: Human Activities in the Oceans, Polar Regions, Cyberspace and Outer Space” (chaired by Cymie Payne). Both topics will come to a conclusion in April 2020 and the Program Committee, chaired by Hannah Buxbaum, will recommend a new signature topic to be launched this April. We also created a Judicial Outreach Committee to organize panels for conferences of the twelve judicial circuits. Chaired by David Sloss, the Committee has arranged for panels on international law or U.S. foreign relations law to take place at several circuit confer- ences in 2020-2021, with more to come. Our Judicial Advisory Board, chaired by Justice Ruth Bader Ginsburg, is highly sup- portive of this initiative. This past fall, we convened a task force to undertake a series of stakeholder meetings and to produce, by fall 2020, a report on policy options for U.S. engagement with the International Criminal —continued on page 3 INSIDE 2020 ASIL Honors 4 2020 Book Awards 7 Recent Events 8 Annual Meeting 12 A Thriving Society Notes from the President Court. The Task Force is co-chaired by Todd Buchwald and Beth van Schaack and has as its project director Ben Batros. I am grateful to the Open Society Foundations for a substantial grant to sup- port this initiative. Aware of the increasing importance of engaging with new media, the Society launched a new podcast series entitled “International Law Behind the Headlines,” hosted by President-Elect Catherine Amirfar and past Vice President Kal Raustiala. In addition, Vice President Oona Hathaway has led the development of new video projects, including a series in which our established members explain their career paths, and an Annual Meeting roundtable with the edi- tors-in-chief of student international law journals. While rolling out new initiatives we have, of course, continued our traditional programs, including a steady stream of lectures and panels at our headquarters, Tillar House, and around the world. One highlight for me was the Shabtai Rosenne Lecture hosted at Tillar House this past December, in cooperation with ASIL Publishing Partner Brill Nijhoff, which honored our former colleague with a superb lecture by ASIL Honorary President W. Michael Reisman. During my presidency, we held Midyear Meetings in Los Angeles and New York, with the Research Forums held at ASIL Academic Partners UCLA Law School (2018) and Brooklyn Law School (2019), and the Practitioners’ Forums at Gibson Dunn & Crutcher LLP (2018) and ASIL Law Firm Partner Debevoise & Plimpton LLP (2019). Both were well-attended, with a robust churning of exciting ideas about our field. We were blessed to have some wonderful plenary speakers at those meetings, including U.N. Legal Counsel Miguel de Serpa Soares and As this issue was going to press, the decision was made to postpone the 114th Annual Meeting in response to the COVID-19 outbreak. Although the meeting will not take place in person, plans are underway to present a virtual online Annual Meeting this summer. For further information, please see www.asil.org/AM.
Transcript
NewsletterVol. 36, Issue 1
January/March 2020
It has been a great honor to serve as the President of our Society over these past two years. Due to the talent, commitment, and enthusiasm of our members, the Society is thriving in its
mission of fostering the study of international law and promoting the establishment and maintenance of international relations on the basis of law and justice. I devote this final column to discussing the strides the Society has taken during my time as President.
I’ll start with new initiatives that came online over the past two years. At the outset of my term, we launched our “signature top-ics” initiative, which identified two topics around which we galva-nized the Society’s resources, talent, and expertise. These topics addressed “Atrocity Prevention: The Role of International Law and Justice” (chaired by Todd Buchwald) and “Beyond National Jurisdiction: Human Activities in the Oceans, Polar Regions, Cyberspace and Outer Space” (chaired by Cymie Payne). Both topics will come to a conclusion in April 2020 and the Program Committee, chaired by Hannah Buxbaum, will recommend a new signature topic to be launched this April.
We also created a Judicial Outreach Committee to organize panels for conferences of the twelve judicial circuits. Chaired by David Sloss, the Committee has arranged for panels on international law or U.S. foreign relations law to take place at several circuit confer-ences in 2020-2021, with more to come. Our Judicial Advisory Board, chaired by Justice Ruth Bader Ginsburg, is highly sup-portive of this initiative.
This past fall, we convened a task force to undertake a series of stakeholder meetings and to produce, by fall 2020, a report on policy options for U.S. engagement with the International Criminal
—continued on page 3
INSIDE
2020 ASIL Honors4
2020 Book Awards7
Recent Events8
Annual Meeting12
A Thriving SocietyNotes from the President
Court. The Task Force is co-chaired by Todd Buchwald and Beth van Schaack and has as its project director Ben Batros. I am grateful to the Open Society Foundations for a substantial grant to sup-port this initiative.
Aware of the increasing importance of engaging with new media, the Society launched a new podcast series entitled “International Law Behind the Headlines,”
hosted by President-Elect Catherine Amirfar and past Vice President Kal Raustiala. In addition, Vice President Oona Hathaway has led the development of new video projects, including a series in which our established members explain their career paths, and an Annual Meeting roundtable with the edi-tors-in-chief of student international law journals.
While rolling out new initiatives we have, of course, continued our traditional programs, including a steady stream of lectures and panels at our headquarters, Tillar House, and around the world. One highlight for me was the Shabtai Rosenne Lecture hosted at Tillar House this past December, in cooperation with ASIL Publishing Partner Brill Nijhoff, which honored our former colleague with a superb lecture by ASIL Honorary President W. Michael Reisman. During my presidency, we held Midyear Meetings in Los Angeles and New York, with the Research Forums held at ASIL Academic Partners UCLA Law School (2018) and Brooklyn Law School (2019), and the Practitioners’ Forums at Gibson Dunn & Crutcher LLP (2018) and ASIL Law Firm Partner Debevoise & Plimpton LLP (2019). Both were well-attended, with a robust churning of exciting ideas about our field. We were blessed to have some wonderful plenary speakers at those meetings, including U.N. Legal Counsel Miguel de Serpa Soares and
As this issue was going to press, the decision was made to postpone the 114th Annual Meeting in response to the COVID-19 outbreak. Although the meeting will not take place in person, plans are underway to present a virtual online Annual Meeting this summer. For further information, please see www.asil.org/AM.
2 ■
Over a decade ago, the Society con-vened a bipartisan, independent task force, chaired by William
Howard Taft IV and Patricia M. Wald, to examine the U.S. relationship with the International Criminal Court (ICC) and develop recommendations to inform future policy. The task force, which also included Mickey Edwards, Michael A. Newton, Sandra Day O’Connor, Stephen M. Schwebel, David Tolbert, and Ruth Wedgwood, issued a report (www.asil.org/USPolicyICC) in March 2009, recommending to Congress and the Executive Branch a series of steps to fur-ther a policy of “positive engagement” with the court. The following year, in the aftermath of the ICC Review Conference held in Kampala in June 2010, the Society published a collection of briefing papers (www.asil.org/BeyondKampala), laying out potential policy approaches to a number of key issues debated at Kampala.
The legal and political landscape has shifted profoundly over the past ten years, presenting an opportunity for the Society to take a fresh look at these issues. Accordingly, this past fall, President Sean D. Murphy created a new bipartisan, indepen-dent task force, supported by a generous grant from Open Society Foundations, to study and report on Policy Options for U.S. Engagement with the International Criminal Court (ICC).
The Task Force is co-chaired by Todd Buchwald and Beth Van Schaack, both of whom are longtime ASIL leaders who served as senior U.S. officials in the Office of Global Criminal Justice at the U.S. Department of State. (Todd also serves as chair of the steering committee for our 2019-2020 “signature topic” on atrocity prevention). The members of the Task Force are David Bosco (ASIL Academic Partner Indiana University), Sandra L. Hodgkinson (Leonardo DRS), Saira Mohamed (ASIL Academic Partner University of California, Berkeley, School of Law), and Alex Whiting (ASIL Academic Partner Harvard Law School).
Revisiting U.S. Engagement with the ICCNotes from the Executive Director
The Task Force also will draw on the expertise of a 14-member Advisory Group, consisting of distinguished experts with diverse perspectives and deep experience in international law, international crimi-nal justice, and U.S.
foreign policy. The Advisory Group includes John Bellinger, Ashley Deeks, Liz Evenson, Charles Jalloh, Harold Koh, Bill Lietzau, Tod Lindberg, Elisa Massimino, Stephen Rapp, Natalie Reid, David Scheffer, Jane Stromseth, William H. Taft IV, and Clint Williamson.
The work of the Task Force will be coordi-nated by project director Ben Batros in consultation with Deputy Executive Director Wes Rist and me.
This project is one which the Society is exceptionally well-suited to undertake. The Society has long functioned as a premier convener of the international legal commu-nity and a trusted source of information and analysis. Its strong connections to the policy world and its nonpartisan credentials give it the credibility to engage effectively with critics as well as supporters of the ICC.
At the same time, given the diversity of views within our membership, and in keep-ing with our longstanding practice, the report will make clear that its conclusions do not necessarily reflect the views of the Society or its members.
The Task Force agenda will include a review of the history of the relationship between the U.S. government and the ICC and an analysis of potential areas of alignment between U.S. interests and the work of the court. The recommendations will focus on options for engagement with the court that may be available to U.S. policy makers, and the costs and benefits of those options.
—continued on page 3
ASIL NEWSLETTER
EDITORS Matthew Gomez and Jimmy Steiner
CONTRIBUTORSStaff: Justine Stefanelli, Jack Karako, and Wes Rist
ASIL Members: Interest Group Co-Chairs
Vol. 36, Issue 1 – January/March 2020
ASIL is a nonpartisan membership association dedi-cated to fostering the study of international law and promoting the establishment and maintenance of international relations on the basis of law and justice.
ASIL Newsletter (ISSN 1049-7803) is published quarterly for $70/year for U.S. subscribers/$90 outside U.S./no additional cost to members.
Periodicals postage paid at Washington, DC, and additional mailing office.
Postmaster: send address changes to ASIL Newsletter, 2223 Massachusetts Avenue, NW, Washington, DC 20008-2864 USA; Tel. +1-202-939-6000; Fax +1-202-797-7133; www.asil.org.
News of members, meetings, and events is welcome.
ASIL Newsletter reserves the right to edit any materi-als submitted.
The ink used to produce this newsletter is vegetable-oil based rather then petroleum-based.
The paper used in this publication features post-consumer recycled fiber and is FSC Certified, assuring
that the fiber comes from well-managed forests and is independently certified according to standards of the Forest Stewardship Council.
The Task Force has begun a series of consultations with key stake-holders, to include current and former congressional and execu-tive branch officials, representatives of the ICC and the Assembly of States Parties, civil society experts, and academics, both to solicit their views and insights and to promote a broader discus-sion of the future of the court.
It is our hope that the report and recommendations produced by the Task Force will help create the legal and political space for Congress, the Executive branch, and the policy community to revisit these issues in a constructive and pragmatic way.
Mark D. Agrast
Notes from the Executive Director —continued from page 2
Göran Marby, President of the Internet Corporation for Assigned Names and Numbers.
Of course, the highlight of the year is our Annual Meeting. Along with the array of typically outstanding panels, debates, simulations and roundtables, we enjoyed fascinating speakers at the 2019 Annual Meeting, including Grotius Lecturer Martti Koskenniemi, with Anne Orford as discussant; Brower Lecturer Judge Peter Tomka of the International Court of Justice; Assembly Speaker Mónica Pinto; and our Friday keynote speaker, Judge Chile Eboe-Osuji, President of the International Criminal Court. This year’s meeting is shaping up to be just as spectacular, with Grotius Lecturer James Gathii and discussant Fleur Johns; Brower Lecturer Daniel Bethlehem, QC; Assembly Speaker Ambassador Samantha Power; and a Friday plenary panel featuring the recipi-ent of the 2020 Goler T. Butcher Medal, Claudio Grossman, and 2020 Honorary Member Hina Jilani.
Much of my time has been devoted to tending to the financial well-being of the Society. Membership fees alone do not cover the costs of running of our Society, so I was grateful that many mem-bers were generous in helping out during our Annual Appeals in 2018 and 2019. Separately, one of my first efforts as President was to set up the David D. Caron Fund, to which many members (and non-members as well) contributed approximately $325,000 in honor of our former President and colleague, with important matching funds provided by former President Charles N. Brower, David’s wife Susan Spencer, and the Caron and Spencer families This endowed fund is now generating earnings each year to sup-port the David D. Caron Prize for best paper by an early career scholar at our Research Forum, as well as to support the travel of several such scholars to the Forum (the David D. Caron Fellows). We pulled off our first-ever Society gala, held in New York in October 2019, under the leadership of ASIL Vice-President Tai-Heng Cheng, which raised just under $350,000, honoring Amal Clooney of the Clooney Foundation for Justice and Brad Smith, President of Microsoft. I was also gratified by a gift of $250,000 from the family of our late friend and colleague, Robert E. Dalton, in support of the Society’s mission. We will honor Bob’s memory through the establishment of a new annual ASIL book award in his name focused on foreign relations law.
While I wish I could take credit for these various initiatives, the truth is that others made it all happen. The Society is extremely fortunate to have an excellent Tillar House staff, headed by our dedicated Executive Director and Vice-President Mark Agrast and Deputy Executive Director Wes Rist. I am also grateful to all those who served during my tenure on the Executive Committee, on the Executive Council, as committee leaders, and as officers of our Interest Groups. Finally, I wish my successor, Catherine Amirfar, all the best as she becomes the 49th President of our wonderful Society.
Sean Murphy
Notes from the President —continued from page 1
Thanks to the generosity of our members and support-ers, the annual President’s Appeal once again exceeded its goal. Over $330,000 in commitments were made to the Appeal in 2019, including gifts or pledges from 25 new Patrons and Major Donors. The Society deeply appreciates your support, which allows us to maintain and increase services to our members and the interna-tional law community. Another essential component of our annual fundraising efforts consists of commitments from our Leadership. The Society thanks the 92% of the Executive Council and the 83% of the Board of Editors of the American Journal of International Law who contrib-uted in 2019.
In addition to the President’s Appeal, the Society relies on the institutional support of our Academic and Law Firm Partners. In 2019, we welcomed seven new Academic Partners: Florida State University College of Law (Tallahassee, FL); George Mason University Antonin Scalia Law School (Arlington, VA); Graduate Institute of International and Development Studies of Geneva (Geneva, Switzerland); Hamad Bin Khalifa University College of Law and Public Policy (Education City, Qatar); Saint Louis University School of Law (St. Louis, MO); University of Baltimore School of Law (Baltimore, MD); and the University of Houston Law Center (Houston, TX). We also welcomed Bryan Cave Leighton Paisner LLP as a new Law Firm Partner. We are grateful for the participation and support of all of our partners.
President’s Appeal Again Exceeds Target
4 ■
New and Forthcoming from ASIL Studies in International Legal TheoryWe are pleased to announce publication of the latest volume in our longstanding series, ASIL Studies in International Legal Theory. Edited by Florian Jeßberger and Julia Geneuss, Why Punish Perpetrators of Mass Atrocities? Purposes of Punishment in International Criminal Law features a collection of articles by experts addressing such issues as rationales of pun-ishment in international criminal law, punishment for international crimes, and theories of punishment at The Hague.
The ASIL Executive Council has unani-mously approved the recommendations of the ASIL Honors Committee for the 2020 recipients of the Manley O. Hudson Medal, the Goler T. Butcher Medal, and the Honorary Member Award. The honors were originally scheduled to be presented dur-ing the 114th ASIL Annual Meeting as part of the ASIL Assembly on April 2, 2020, in Washington, DC. (See related story on the back cover.)
The members of the 2019-2020 Honors Committee are Chantal Thomas (chair), Marcella David, Mónica Pinto, Paul Reichler, and Michael Reisman.
The following are this year’s honorees. (Some of the biographies have been abbreviated due to space limitations. The full Committee report can be found at www.asil.org/honorees.)
Manley O. Hudson Medal
For the 2020 Manley O. Hudson Medal, the Committee nominates Professor Dr. Rüdiger Wolfrum. Rüdiger Wolfrum has made monumental contribu-tions to international
law as a scholar, arbitrator, and jurist.
Professor Wolfrum has had a long and dis-tinguished academic and scholarly career. He has served since 1993 as a professor at Heidelberg University. From 1993 to 2012, he was director of the Max Planck Institute for Comparative Public Law and International Law. In this capacity, he became in 2005 general editor of the Max Planck Encyclopedia of Public International Law, a leading reference work in interna-tional law. In 2013, he became Managing Director of the newly created Max Planck Foundation for International Peace and the Rule of Law. Professor Wolfrum also is the co-author, with G. Dahm and J. Delbrück, of a three-volume textbook on interna-tional law, Völkerecht, and has written, edited, and contributed to dozens of other scholarly volumes on a wide range of top-ics in international law.
Professor Wolfrum is an eminent interna-tional jurist, having served from 1996 to 2017 as a Judge of the International Tribunal for the Law of the Sea (ITLOS), and from 2005 to 2009 as the Tribunal’s President. As a Judge on the Tribunal, he authored numerous opinions in leading cases. He also has written and lectured extensively on the law of the sea and the preservation of the marine environment.
As an arbitrator, Professor Wolfrum served as President of the Tribunal in the Bay of Bengal Maritime Boundary Arbitration
2020 ASIL Honors(Bangladesh v. India) and as a member of the tribunals in the Chagos Marine Protected Area Arbitration (Mauritius v. United Kingdom) and the South China Sea Arbitration (Philippines v. China). More recently, he served as Member of the Conciliation Commission established under the U.N. Convention on the Law of the Sea (UNCLOS) to deal with a dispute between Timor-Leste and Australia, whose work led to an agreement by the Parties.
Professor Wolfrum has also participated in a wide range of other international deliber-ative processes, both as an independent expert and on behalf of individual govern-ments. From 1990 to 1999, he served on the U.N. Committee on the Elimination of Racial Discrimination, and from 1993 to 1998 he also served as Chairman of the Working Group of Legal Experts to the Antarctic Treaty Parties Meetings. As a member of the German delegation, he par-ticipated in the Third U.N. Law of the Sea Conference; the Fourth Special Antarctic Treaty Consultative Meeting concerning Antarctic mineral resource activities; and the Preparatory Commission for the International Sea-Bed Authority and for the International Tribunal for the Law of the Sea.
Beyond these scholarly and jurisprudential contributions, Professor Wolfrum has pro-
—continued on page 5
The next volume in the series, Space and Fates of International Law: Between Leibniz and Hobbes, by Ekaterina Yahyaoui Krivenko, will be published this summer.
Published by Cambridge University Press since 2009, the series is intended to illuminate and improve the theoretical foundations of international law and increase scholarly and public debate about how international law can best achieve global justice. The general editors of the series are Mortimer N. S. Sellers (University of Baltimore) and the Society’s Executive Director, Mark Agrast.
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Newsletter | January/March 2020
vided substantial service to the profes-sional community of international lawyers, including as President of the German Society of International Law.
In sum, Professor Wolfrum has made sub-stantial contributions to the jurisprudence of international law, across a remarkable range of capacities. His contributions can truly be said to have advanced the prog-ress of the field as a whole.
Goler T. Butcher Medal
For the 2020 Goler T. Butcher Medal, the Committee nominates Claudio Grossman. Claudio Grossman is Professor of Law, Dean Emeritus, and the Raymond Geraldson
Scholar for International and Humanitarian Law at American University Washington College of Law (WCL).
Professor Grossman has worked tirelessly to promote human rights and the rule of law in a variety of leadership capacities in both international and domestic organiza-tions. Among many other contributions, he has served as both member and chairper-son of the United Nations Committee against Torture (CAT), and as chair of the U.N. Human Rights Treaty Bodies. From 1993 to 2001, he served on the Inter-American Commission for Human Rights (IACHR), and was twice elected as that body’s President, in 1996 and again in 2001. He also served as the IACHR’s Special Rapporteur on the Rights of Women as well as its Special Rapporteur on the Rights of Indigenous Populations. He par-ticipated in a number of landmark human rights cases within the Inter-American legal system, such as Aloeboetoe et al v. Suriname, Velázquez-Rodríguez v. Honduras, and Awas Tingni v. Nicaragua.
Professor Grossman currently serves as President of the Inter-American Institute of
2020 ASIL Honors —continued from page 4
Human Rights and as Chair of the United Nations International Law Commission (ILC) Drafting Committee, having been elected to the ILC in 2016. He has also been elected to L’Institut de Droit International (International Law Institute) and the American Law Institute. Among other recognitions for his work in interna-tional law and human rights, Professor Grossman has received the Chapultepec Grand Prize from the Inter-American Press Association, the Harry LeRoy Jones Award from the Washington Foreign Law Society, the René Cassin Award from B’nai B’rith International in Chile, the Simón Bolívar Award from the Western Hemisphere Institute for Security Cooperation, the Henry W. Edgerton Civil Liberties Award from the American Civil Liberties Union of the National Capital Area, and the Lifetime Leadership Award from the Hispanic National Bar Foundation.
Professor Grossman is also well known to the Society through his exemplary leader-ship of the Washington College of Law, which has generously sponsored numer-ous ASIL events, including most notably the Annual Grotius Lecture. In his twenty-one years as its Dean, Grossman presided over a remarkable expansion of WCL’s international offerings. Examples include the establishment of degree specializa-tions in Gender and the Law, Free Trade Agreements and Regional Integration and Online Education, as well as specialized summer programs in human rights and humanitarian law, international commer-cial arbitration, international organiza-tions, and law and diplomacy, among many others.
Honorary Member
For the 2020 Honorary Member Award, the Committee nominates Hina Jilani, a pioneer-ing lawyer in human rights and women’s rights both interna-
tionally and in her home country of Pakistan. Ms. Jilani established Pakistan’s first all-women law firm in 1980, followed by Pakistan’s first legal aid center in 1986. She has conducted many landmark cases setting new standards for human rights in Pakistan, with a particular focus on the rights of the most vulnerable sections of society, such as women, minorities, chil-dren, and prisoners – including political prisoners. She was appointed Advocate of the Supreme Court of Pakistan in 1992. In 1980 Ms. Jilani founded the Women’s Action Forum and is also one of the founders of the Human Rights Commission of Pakistan, which has branches throughout the country and is now the most important national body for the monitoring of rights violations.
In 2000 Ms. Jilani became the first Special Representative of the U.N. Secretary-General on Human Rights Defenders. She has also served as a member of the International Commission of Inquiry on Darfur, appointed by the United Nations Security Council; a Member of the Eminent Jurists Panel on Human Rights and Counter Terrorism, appointed by the International Commission of Jurists; and a Member of the United Nations Fact Finding Mission on Gaza. In 2001, she received the Millennium Peace Prize for Women, in recognition of her life-long contribution to peace-building and human rights. Ms. Jilani is a Member of the Council of Elders, an eminent international advisory group established by Nelson Mandela. In December 2014, Ms. Jilani joined The Elders’ delegation to Myanmar where they met with representatives from the government, the military, and civil society including ethnic women’s groups. ■
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ST
YLE
GU
IDE
4. Catalogue colors with subjects
International Law
New at Brill | Nijhoff Counter-Terrorism FinancingInternational Best Practices and the Law Nathalie Rébé, Thomas Jefferson School of Law
November 2019Paperback (approx. 340 pp.)ISBN 9789004409668E-ISBN 9789004409675brill.com/nint
Sanctions Regimes of Multilateral Development BanksWhat Process is Due
Jelena Madir
November 2019HardbackISBN 9789004395862E-ISBN 9789004414129
The Practice of Independent Accountability Mechanisms (IAMs)Towards Good Governance in Development Finance Edited by Owen McIntyre, University College Cork and Suresh Nanwani, Durham University
November 2019Hardback (xvi, 386)ISBN 9789004337770E-ISBN 9789004337787
The Access of Individuals to International Justice/L’accès de l’individu à la justice internationale Edited by Maurice Kamto and Yogesh Tyagi
September 2019Hardback (576 pp.)ISBN 9789004412279Price € 249 / US$ 323Centre for Studies and Research in International Law and International Relations Series, 18Imprint: Brill | Nijhoff
December 2019Hardback (approx. 800 pp.)ISBN 9789004227552E-ISBN 9789004227637
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A Landscape of Contemporary Theories of International Law
Emmanuel Roucounas, Academy of Athens
This rich and remarkable volume offers an overview of the most important schools, movements and trends which make up the theoretical landscape of contemporary international law, as well as the works of over 500 authors. It offers insights into the addressees (the state, international organizations, individuals and other private persons), and the construction of international law, including law-making, the relationship between norms, and interpretation.
Legislating for Equality A Multinational Collection of Non-Discrimination Norms. Volume IV: Asia and Oceania Edited by Talia Naamat, Dina Porat, Elena Pesina and Giovanni Matteo Quer
This unique volume offers a survey of legal and legislative means to combat racism, xenophobia, anti-semitism and other forms of related intolerance. The volume consists of two sections: the first, containing international conventions; the second, and main section, containing current constitutional law, specific legislation and ratification of international conventions in (over 200) individual states.
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Newsletter | January/March 2020
—continued on page 8
2020 Book AwardsThe ASIL Executive Council has approved the recommendation of the Book Awards Committee for books to be awarded Certificates of Merit. These awards were originally scheduled to be presented during the 114th ASIL Annual Meeting as part of the ASIL Assembly on Thursday, April 2. (See related story on the back cover.)
The members of the 2019-2020 Book Awards Committee are Jean Galbraith (chair), James Gathii, Eric Jensen, Elizabeth Trujillo, and Sir Michael Wood.
For “a preeminent contribution to creative scholarship,” the Committee recommended Feminist Judgments in International Law (Hart Publishing, 2019) by Loveday Hodson & Troy Lavers. This book invites the reader to rei-magine international law from feminist per-spectives. Contributors collaborate to rewrite landmark judgments in international law, from the Lotus case through to the present, with an emphasis on human rights and international criminal law. Each chapter focuses on a single
judgment, containing an introduction to the case, the re-written judgment, and final reflections on its creation. For each re-written judgment, the authors make use only of sources available at the time of the actual judgment. The end result is a provocative por-trait of what international law might have looked like with different decision-makers and underlying power dynamics. Part of a broader project on feminist judgments, the book highlights ways in which law fails to protect the vulnerable. The book stands out for its cre-ativity, cohesiveness as an edited volume, and far-reaching vision.
For “a work in a specialized area of interna-tional law,” the Committee selected John Tobin’s The UN Convention on the Rights of the Child: A Commentary (Oxford University Press, 2019).
Tobin has compiled an experienced set of writers to produce the most complete com-mentary to date on the U.N. Convention on the Rights of the Child. Despite its many authors, this Commentary fits together well
and reflects detailed analysis of the Convention that will be an unparalleled benefit to those who practice in this important area of international law. The book is organized to be easily accessible for both practitioners and scholars and contains not only thor-ough reference to state practice, judicial cases, and U.N. commit-tee decisions in applicable areas, but also incisive analysis that will assist the reader in understanding the application of the Convention. Although almost twenty years in the making, it is cur-rent and comprehensive. It is extremely well done and will serve as the foundational commentary on the Convention.
For “high technical craftsmanship and utility to practicing lawyers and scholars,” the Committee selected Fernando Lusa Bordin’s The Analogy between States and International Organizations (Cambridge University Press, 2019). This book is an original and rigorous contribution to the literature on the subjects and sources of international law. It considers the role that the analogy between States and international organizations has played in the development of international law applicable
to organizations. It does so with particular reference to the work of the U.N. International Law Commission on the law of treaties and on international responsibility, but goes well beyond those areas, offering fresh insights into the usefulness - and limitations - of analogy as a method of argument in international law. The book is of high theoretical and practical interest, has the merit of being clearly written, and has the potential to be influential over the long-term. ■
Anti-Corruption LawThe Anti-Corruption Law Interest Group (www.asil.org/ACLIG) held its first Works in Progress Conference in December of 2019, in Tel Aviv, Israel. The conference was presented in consultation with the Organization for Economic Cooperation and Development and was co-organized by the Ono Academic College Faculty of Law, which also hosted the event. Participants from Asia, Europe, and North America joined the conference.
Government AttorneysIn January 2020, the Government Attorneys Interest Group (www.asil.org/GAIG) hosted a Winter Networking Happy Hour at Tillar House in conjunction with the International Legal Attachés of Washington (INT-LAW). Interest group members mingled with con-
temporaries from across the globe rep-resenting numerous embassies and inter-national organiza-tions in Washington, DC. To learn about future GAIG events like this one, please sign up for the inter-est group on the ASIL website.
Interest Group Spotlight: News from Some of the Society’s 34 Interest Groups
Sean Elliott, Katie Nesbitt, and Kiesha Minyard at the GAIG happy hour.
8 ■ —continued on page 9
RECENT EVENTS
Young Arbitrator Debate Series
On February 13, ASIL Law Firm Partner Freshfields Bruckhaus Deringer LLP hosted another event in its Young Arbitrator Debate Series at Tillar House. Lindsay Gastrell (International Centre for the Settlement of Investment Disputes) debated Lucas Bento (Quinn Emanuel Urquhart & Sullivan LLP) on whether or not “robo-arbitrators”, i.e., artificial intelligence systems, will be able to resolve disputes more fairly, accurately and efficiently than human arbitrators. Sofia Klot (Freshfields) moderated the debate, which was followed by a reception.
The Age of Accountability for International Crimes: Lessons for success
International criminal justice mechanisms are experiencing a period of both significant challenge and potential opportunity. Can past successes from previous international tribunals offer input on how to address the current challenges? Or has the global politi-cal climate changed so fundamentally that new paths need to be forged? On February 20, a panel of distinguished experts dis-cussed these issues and addressed the challenges of providing accountability for atrocities in the 21st century. Speakers were David Crane (former Chief Prosecutor of the Special Court for Sierra Leone), Tom Sheehy (KRL International, former staff director, U.S. House Committee on Foreign Affairs), and Jane Stromseth (ASIL Academic Partner Georgetown University Law Center, former Deputy to the
Interest Group Spotlight —continued from page 7
International OrganizationsThe International Organizations Interest Group (www.asil.org/IOIG) organized a launch event for its new initiative focused on staff at legal and programmatic offices of international organizations. The event, entitled “IO Law Roundtable: Perspectives on U.N. partnerships,” took place on November 7 in New York on the eve of the Midyear Meeting and welcomed over 60 participants. It was hosted by the Permanent Mission of the Kingdom of the Netherlands to the United Nations. Speakers included Maria Mkandawire (Senior Legal Affairs Specialist, UNICEF), Cynthia Licul (Senior Legal Adviser, UNDP), Robert Skinner (Executive Director, UN Office for Partnerships), and Math Noortmann (Professor in Transnational Law and Non-State Actors, Centre for Trust, Peace and Social
Ambassador-at-Large, Office of Global Criminal Justice, U.S. Department of State). Diane Orentlicher (ASIL Academic Partner American University Washington College of Law) moderated. This event, part of the Society’s signature topic on “Atrocity Prevention: The Role of International Law and Justice,” was co-sponsored by the Center for Victims of Torture and the ABA’s Center for Human Rights and its Criminal Justice Section.
Mind the Gap(s): Global fragility and atrocity prevention
As part of the Society’s signature topic on “Atrocity Prevention: The Role of International Law and Justice,” this February 25 event brought together experts from both government and civil society to discuss the gaps between the international law of atrocity prevention and the response to fragile states by analyzing the impact of the new Global Fragility Act and whether or not the U.S. focus on fragility helps or hin-ders atrocity prevention. Speakers included Susanna Campbell (American University School of International Service), Shukria Dellawar (Friends Committee on National Legislation), Bridget Moix (Peace Direct), and Nicole Widdersheim (Simon Skjodt Center for the Prevention of Genocide, U.S. Holocaust Memorial Museum). ASIL Deputy Executive Director Wes Rist moderated.
Discerning the Rules: The application of international law to state cyberattacks
This February 27 event, part of the Society’s signature topic on “Beyond
From left to right, Tom Sheehy, Jane Stromseth, David Crane, and moderator Diane Orentlicher.
National Jurisdiction,” was an informative discussion on how existing international law regimes might address, among other issues, state sponsored cyberattacks, using real world examples of state-spon-sored cyber operations to identify con-crete state practice and patterns that may be emerging. Speakers were Gary Corn (ASIL Academic Partner American University Washington College of Law and R Street Institute), Jonathan Horowitz (International Committee of the Red Cross), Melanie Sisson (Stimson Center), and moderator Arturo Carrillo (ASIL Academic Partner George Washington University Law School).
From left, Shukria Dellawar, Bridget Moix, Nicole Widdersheim, Susanna Campbell, and moderator Wes Rist.
From left, Gary Corn, Jonathan Horowitz, Melanie Sisson, and moderator Arturo Carrillo. ■
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Newsletter | January/March 2020
Interest Group Spotlight —continued from page 8
Relations, Coventry University, and Executive Director, ACUNS). The discussion was moderated by ASIL President and member of the International Law Commission, Sean D. Murphy.
Lieber SocietyThe Lieber Society (www.asil.org/LIEBER) co-sponsored a public symposium on Civilian Casualties: The Law of Prevention and Response
on March 13 at the American Red Cross National Headquarters in Washington, DC. Other co-sponsors included the International Committee of the Red Cross and the Naval War College. Topics included Advising Leaders and Influencing Operations from the Front Lines; Civilian Casualty Prevention in Urban Warfare and Near Peer Conflict; Civilian Casualty Response Measures: Reports, Investigations, Accountability; and Emerging Technologies for Prevention and Investigation of Civilian Casualties. The Lieber Society has issued a Call for Papers for a joint paper workshop on Partnered Operations and International Law to be co-hosted with the European Society of International Law Interest Group on Peace and Security at La Sapienza in Rome on October 23. More information about this event can be found on the IG webpage.
IO Law Roundtable: Perspectives on U.N. partnerships.
Space LawThe Space Law Interest Group (www.asil.org/SLIG) wishes to make its members aware of several upcoming con-ferences and opportunities that may be of interest. The ABA Young Lawyers Division is hosting a career-focused webinar series on air and space law related fields throughout 2020. Additionally, the ABA Air and Space Section has several upcoming conferences in DC, focused on legislative updates and space law. You can learn more at www.americanbar.org. The 2020 Humans to Mars Summit will be in May in Washington, DC, and will focus on the many issues surrounding Mars explora-tion. More details are available on the event website, ExploreMars.org. Keep an eye out for the summer newsletter where we will recap SLIG’s Annual Meeting activ-ities, announce our new Vice Chair, and discuss upcoming activities. ■
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Confirmed Keynote Speakers
Assembly Keynote: Samantha Power
Friday Keynote Address: Hina Jilani and Claudio Grossman
Hudson Medal Luncheon: Rüdiger Wolfrum
Grotius Lecture: James Gathii
Charles Brower Lecture on International Dispute Resolution: Sir Daniel Bethlehem
WILIG Luncheon: Elizabeth Odio Benito
Session Tracks at the 114th ASIL Annual Meeting
International Human Rights, Humanitarian Law, and Criminal JusticeTransnational Litigation, Arbitration, and Dispute Resolution
Trade, Investment, Finance, and TechnologySustainable Development and Global Governance
Security, Foreign Relations, and Use of ForceEnergy, Environment, Sea, and Space
Upcoming Events —continued from back cover
On Thursday, April 2, Blacks of the American Society of International Law (BASIL) will once again hold a speed mentoring event in conjunction with the Annual Meeting. This session is an opportunity for minority stu-dents and new professionals to interact with and receive advice from BASIL members and other experienced international law professionals attending the Annual Meeting.
The full Annual Meeting program is posted on the conference website (www.asil.org/am)
and is being continually updated on the site and on ASIL’s social media accounts (Facebook and Twitter (@asilorg)). To join the conversation about the Meeting on Twitter, use #ASILAM.
Visit www.asil.org/am for the latest program details and information—including how to access the event app. Note that online reg-istration closes on Sunday, March 29. For assistance, contact the ASIL Service Center at [email protected] or +1-202-939-6001.
ASIL Executive Council Member Karen Bravo was named dean of the ASIL Academic Partner Indiana University Robert H. McKinney School of Law. Bravo is a nationally and inter-nationally recognized
legal scholar whose academic work has focused on the structural causes of vulnera-bility to exploitation and ways of ensuring that underrepresented people have a voice. When she assumes her new role in July, she will be the 13th dean of the law school since its affiliation with IU in 1944. She will also be the first person of color and the second woman in the school’s history to lead the urban-based institution.
MEMBER NEWS
Richard Kennedy Guelff died on March 16, 2018. Originally from California, he served as personal assistant to Secretary of the Interior Rogers Morton, before study-ing at the University of
Southern California, the London School of Economics, and Cambridge University, and then practicing law in Paris and London. He coauthored Documents on the Laws of War (3rd ed., 2000, Oxford University Press) with Adam Roberts, and published book reviews in the American Journal of International Law. He joined the Society in 1972 and was a Lifetime Member.
V.V. “Johnny” Veeder, one of the world’s foremost experts on international dispute resolution and inter-national law, passed away on March 8, 2020. Mr. Veeder was called to the English
Bar in 1971 and became a Q.C. in 1986. His areas of practice would eventually include international commercial arbitra-
IN MEMORIAM
tion, banking and finance, labor law, mari-time law, and international trade and insurance. He served as advisor to the U.K. Government’s Department of Trade and Industry on the law of arbitration, as director of the London Court of International Arbitration, and as the U.K. delegate to the UNCITRAL Working Group
on Arbitration. He was a visiting professor at King’s College London and for 20 years was general editor of Arbitration International. Mr. Veeder joined the Society in 2013. In 2013, he delivered the inaugural Charles N. Brower Lecture on International Dispute Resolution. ■
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Newsletter | January/March 2020
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UPCOMING EVENTS
—continued on page 10
The Society’s 114th Annual Meeting promises to be another not-to-be missed event for those with an interest in international law. The conference will take place April 1-4 at the Washington Hilton, in Washington, DC, and the conference theme is “The Promise of International Law.”
Registration includes access to addresses by leading figures in the field with more than 40 program sessions, including keynotes, panels, debates, and roundtable discussions on current interna-tional law issues. The Society will also hold its annual Assembly, featuring presentation of awards, memorial tributes, officer elec-tions, and the Assembly Address. ASIL interest group meetings, ticketed luncheons, and networking receptions will round out the program, for which attendees may receive up to 22 hours of con-tinuing legal educations (CLE) credit.
Highlight sessions of the four-day program will be
• The Grotius Lecture, delivered by James Gathii (Loyola University Chicago School of Law), with Fleur Johns (University of New South Wales Faculty of Law) serving as discussant;
• The Hudson Medal Luncheon, featuring Hudson Medal recipient Rüdiger Wolfrum (Max Planck Institute for Comparative Public Law and International Law);
• The Assembly Address by Samantha Power, Former U.S. Ambassador to the United Nations;
• A Friday Keynote Conversation featuring Honorary Member Hina Jilani and Goler T. Butcher Medal recipient Claudio Grossman;
• The Eighth Annual Charles N. Brower Lecture on International Dispute Resolution, delivered by Sir Daniel Bethlehem, Twenty Essex; and
• The Women in International Law Interest Group Luncheon, with remarks by Prominent Women in International Law Award recipient Elizabeth Odio Benito, President of the Inter-American Court of Human Rights.
The President’s Gala honoring incoming president Catherine Amirfar will take place on Thursday evening following the ASIL Assembly. Hosted by ASIL Law Firm Partner Debevoise & Plimpton LLP, the event will be held at the beautiful and elegant National Museum of Women in the Arts, an architectural landmark just blocks from the White House. Our guests will have exclusive access to the museum’s extensive collection of works by women artists. This special event is included with your registration, and there is no separate ticket or fee. Tickets for the WILIG and Hudson Medal Luncheons may be purchased when registering for the Annual Meeting or onsite (subject to availability).
114th Annual Meeting Focuses on “The Promise of International Law”
