Proceedings of the Annual Meeting-American Society of International Law

Articles from Vol. 106, Annual

A–R R–W
Remarks by Ralph G. Steinhardt
A good poker player probably understands the Chevron-Ecuador dispute better than a lawyer, but--undeterred--let me summarize five nested legal issues that lurk in this case. My essential observation is that the proliferation of forums in the case,...
Remarks by Rhonda Neuhaus
The social and civil rights models of disability must be framed in the context of the different ways in which people with disabilities are viewed worldwide. The social and civil rights models see disability as a product of a society that is not fully...
Remarks by Richard Herz
The issues raised in Kiobel are surely in keeping with the Annual Meeting's theme of complexity. Indeed, I know that earlier in the week another entire conference was devoted to addressing these issues. Thankfully though, the specific issue that Chimene...
Remarks by Rudiger Wolfrum
As agreed with the chairman, I will address several aspects of the dispute settlement mechanism of the UN Convention on the Law of the Sea (the Convention), namely its added value vis-a-vis the traditional international dispute settlement system, the...
Remarks by Sang-Hyun Song
Thank you very much. Excellencies, ladies, and gentlemen, I would like to start by thanking the American Society of International Law for this valuable opportunity to speak at the Annual Meeting of one of the preeminent legal organizations in the world....
Remarks by Satya N. Nandan
The 1982 United Nations Convention on the Law of the Sea (the Convention) is the most successful multilateral treaty adopted by the international community since the Charter of the United Nations. Its provisions govern some seventy percent of our planet....
Remarks by Theodor Meron
Thank you, Dean, for your kind remarks. First, a few words about the role of the ICTY. The International Criminal Tribunal for the Former Yugoslavia is, as you all know, the court of law established under Chapter VII of the UN Charter to address...
Remarks by Valerie Epps
My remarks will cover three main points: 1. The clashing norms of international law enmeshed in the topic of statehood; 2. An examination of why international law has stagnated on issues pertaining to secession as evidenced in two recent International...
Remarks by Yesha Yadav
INTRODUCTION: WHITHER INTERNATIONAL LAW? The global financial crisis has called into question the ability of the regulatory imagination to confront the challenges posed by financial innovation. With the spread of toxic mortgage-backed securities...
Renewable Energy Trade and Governance
Among the various forms of energy, my presentation focuses on renewable energy. In particular, it discusses a WTO dispute between Japan and Canada, concerning Ontario's Feed-in Tariff Program (FIT Program). I begin with the factual background of the...
Rethinking the Significance of the Responsibility to Protect Concept
According to UN Secretary-General Ban Ki-moon, while the responsibility to protect concept came of age in 2011, the challenge facing the international community remains that of transforming the responsibility to protect concept from "promise to practice"...
Sexual Rights Advocacy in Muslim Contexts: Shifting Notions of Culture and Tradition
The ongoing debates around sexual rights in Muslim contexts should be contextualized with reference to recent challenges. More specifically, I would like to address two issues: the global nature of human rights violations, and the challenges posed...
Shift in Dynamics of Chapter VII Function of the Security Council
The Syrian problem is only the latest in a series of conflicts--over the last two decades-which have exposed the shifting dynamics of the Security Council's Chapter VII functions. The burst of optimism after the Cold War as to an effective role...
"Soft Law" Entrepreneurship and the Right of the Child to a Nationality in an Era of Migration
Nationality and statelessness continue to be contested areas of international human rights law. While the right to acquire a nationality is firmly established in several international instruments, it is still not clear precisely how this right operates....
Sovereignty and the Promotion of Peace in Non-International Armed Conflict
As the title of this panel, Humanizing Conflict, suggests, there is an emerging normative discourse in international law that emphasizes the protection of individuals and the humanization of law. (1) One driver of this development is the changing nature...
Stable and Final? Arbitration of Land Boundary Disputes in Cases of State Secession
When a territory of a state breaks away and becomes an independent entity, the new land boundaries that emerge are often violently contested. Political tensions can run so high that the parties are unable to resolve the dispute themselves. In these...
Summary of Panel
Perhaps no topic is better suited to an international law conference on "confronting complexity" than the perennial question: "What makes a state?" International law casebooks teach students by example that despite the simple definition of a state...
Summary of Remarks by Ramon Marks
Mr. Marks offered reflections on his experience in litigating ATS cases. He highlighted the issues of extraterritoriality and diplomatic friction raised by ATS cases, which are explored more fully in an amicus brief he co-authored on behalf of BP America,...
Summary of Remarks by William Lietzau
Mr. Lietzau assessed the A1 Jeddah and Al Skeini cases in the context of the broader debate regarding detention policies and the impact those judicial decisions could have on the battlefield. While consistently advocating the protection of human rights...
Syria, the United Nations, and the Responsibility to Protect
The crisis in Syria has exposed both the power and the fragility of the UN system, and it has highlighted the limited power exerted by norms of intervention to sway governments to action. I focus in this brief comment on one aspect of the situation:...
Systeme Degage? Women and Transitional Justice in the Wake of the Arab Spring
I am currently working on a research project about people of Muslim heritage challenging fundamentalism. (1) As part of that research, I traveled to Algeria, Egypt, and Tunisia in the last year to interview human rights activists. One of my goals is...
Talking the Talk and Walking the Walk: International Management, Human Rights, and Domestic Politics
Migration is a growing topic of international attention. Gone are the days when there were only regional groupings--the Schengen Group in Europe, the Puebla Process in America--which brought together behind closed doors national officials from Justice...
The 2012 Farm Bill and the Brazil Cotton Case
INTRODUCTION The Brazil Cotton case is a decade-long dispute settlement case in the World Trade Organization that was initiated by Brazil against the United States in 2002 over provisions of the cotton and other agricultural commodity support programs....
The Architecture of International Energy Governance
The study of international energy governance is in its youth. This fact may seem somewhat paradoxical. Many international energy institutions, such as the International Atomic Energy Agency (IAEA) and the Organization of Petroleum Exporting Countries...
The Chevron-Ecuador Case: Three Dimensions of Complexity in Transnational Dispute Resolution
INTRODUCTION The Chevron/Ecuador case is in many ways unique. Nevertheless, it illustrates a general trend toward greater inter-state, inter-systemic, and doctrinal complexity in transnational dispute resolution. INTER-STATE COMPLEXITY Inter-state...
The China-Raw Materials Case and Its Impact (or Lack Thereof) on U.S. Downstream Industries
The recent rulings of the Dispute Settlement Body of the World Trade Organization in the China--Raw Materials (1) case have important legal, economic, and policy implications for China and other WTO members. My presentation introduces the special features...
The Dog That Doesn't Bark: Syria and Article 51 of the UN Charter
In the more than a year of Syria's internal conflict, most of the discussion in conferences (and possibly in government circles) has focused on the spectacle of yet another government's assaults on its own people going unchecked. More than 10,000 people...
The Emerging System of International Arbitration: Defining "System"
I. The question we are being asked to address is "the emerging system of international arbitration." The important word here is "system." What it connotes is that international arbitration cannot be reduced to being just part and parcel of the legislation...
The Experience of the Eritrea-Ethiopia Claims Commission
For my comments, I will focus on the experience of the Eritrea-Ethiopia Claims Commission, before which I appeared on behalf of the government of Ethiopia from 2001 to 2008. That Commission was set up pursuant to a December 2000 agreement which provided...
The Human Right to Water-Challenges of Implementation
The arithmetic of water in the world today shows a very gloomy picture. Close to one billion people lack access to improved water resources, 2.6 billion people are without provision for sanitation, and 1.5 million children under age 5 die annually...
The International Court of Justice and Scientific Expertise
The ICJ Statute is set to ensure that in the Court as a whole "the main forms of civilization and ... the principal legal systems of the world" find themselves duly represented. (1) In practice, this leads to some sort of balance between judges educated...
The Jerusalem Arbitration Center
Disputes between Palestinians and Israelis might be considered an ever-present fixture in discussions at the ASIL Annual Meeting, in one form or another. Given the frequent breaches in peace and the epic questions of international law that are implicated...
The Olympic Brand Protection: Challenges in London 2012
BACKGROUND The International Olympic Committee (IOC) is an international nonprofit corporation based in Lausanne, Switzerland, established in the early 1890s by Baron Pierre de Coubertin. From its inception, the IOC and the modern Olympic movement...
The Public Interest in International Arbitration
Here and there, speakers and writers who address the topic of investment-treaty arbitration have attempted to draw a line around what they evidently wish us to see as a new, distinct process, different from other types of arbitration which they often...
The Pure Theory of Law and Its "Modern" Positivism: International Legal Uses for Scholarship
The question that has been put to us is: "What use is modern positivism?" In the following remarks, I would like to use the approach which I regard as the most fitting among the "modern" positivists--Hans Kelsen's Pure Theory of Law--and discuss its...
The Quasi-Criminal Jurisdiction of the Human Rights Courts
Justice systems often emerge from periods of mass atrocity structurally weakened, tainted by complicity, or otherwise compromised. Since the close of the Cold War, when criminal accountability for atrocities became a political priority, the international...
The Role of Human Rights in Migration Regional Consultative Processes
States increasingly use Regional Consultative Processes (RCPs) to address and manage migration issues. RCPs purposely limit membership and eschew movement towards more binding or transparent governance. These institutions span the globe with the Intergovernmental...
The Role of International Law in Intrastate Natural Resource Allocation
State natural resource development projects have become sites of intense political, social, and cultural contestation among a diversity of actors. In particular, such projects often lead to detrimental consequences for the empowerment, livelihood,...
The Selectively Expansive UN Security Council: Domestic Threats to Peace and Security
In response to the mass killing in Syria, many observers have been appalled at the failure of the UN Security Council to take meaningful action. To many, it recalls the failure to help the victims of genocide in Rwanda in 1994, and contrasts badly...
The Sociological Pull of Soft Law
One underexplored reason why regulators might turn to soft law in financial regulation is the sociological pull of soft law venues. The more traditional reasons why financial regulators turn to soft law have been thoughtfully explored by others: (1)...
The United Nations and Syria: A Work in Progress?
As the crisis in Syria continues, and in the context in which the Security Council, as of the time of this panel being convened, has issued two Presidential Statements on the subject but failed to adopt two resolutions because of non-concurring votes...
The World Bank's Sanction System as an Example
The World Bank (1) has experience in creating an independent sanctions system to address fraud and corruption in Bank-financed projects. Though outside the context of investment arbitration, the Bank sanctions system and its achievements and challenges...
The WTO in the Emerging Energy Governance Debate
Demand for energy is growing as the world population and economic prosperity, in particular in developing countries, increases. More than with any other product, energy products and natural resources are concerned with international trade. Natural...
Transitional Justice in the Arab Countries: Opportunities and Challenges
My remarks will highlight some of the main factors that affect how we can consider transitional justice issues in the Arab countries that have undergone transition. I will then briefly reflect on how the five components of transitional justice have...
Transnational Conservation Contracts: A Primer
International lawyers are often skilled in the art of formulating insightful distinctions, adding clarity to international law by perceptively distinguishing legal concepts and norms. A discussion of transnational conservation contracts calls upon...
UNCLOS and Climate Change
Climate change is often described as the most significant environmental challenge of our time. It is a global--and, indeed, a complex, even "super wicked"--problem, the effects of which will be felt far beyond the location at which greenhouse gases...
Using Indicators in International Law: The WJP Rule of Law Index 2011
INTRODUCTION--THE PERILS OF INDICATORS A senior officer of a leading bilateral development agency told me the story of a recent police reform campaign in a West African country. As part of a broader effort to promote democracy in this country beset...
Water: A Public Good or a Commodity?
INTRODUCTION We have two resources: air and water. Both are critical for life. Why is air free, i.e., why are we not charged for breathing air, while water is generally not free? In the 1962 movie Lawrence of Arabia, about the life of T.E. Lawrence,...
What Makes a State? Territory
What makes a state? Under the Montevideo Convention, a prospective state must meet four criteria. It must have a territory, with a permanent population, subject to the control of a government, and the capacity to conduct international relations (sovereignty)....
What Useful Role (If Any) Could Legal Positivism Play in the Study or Advancement of International Law?
What useful role (if any) could legal positivism play in the study or advancement of international law? For most of those who remember this once fashionable term at all, "international legal positivism" is redolent of the early years of the twentieth...