International Law Weekend (ILW) is a highly accessible opportunity for Penn Law students to explore multiple facets of international law.
Each October, the American Branch of the International Law Association (ABILA) organizes a two-and-a-half-day conference covering an extensive range of topics. This annual program attracts more than a thousand participants, including many of the world’s leading international lawyers and diplomats. Penn Law is a proud sponsor of ILW.
This year’s fully online program (Thursday, October 28 - Saturday, October 30) features 32 panels, keynotes by prominent figures in international law, and more than a dozen networking rooms. ILW provides a great opportunity to acquire exposure to new areas, hear debates between legal experts on hot topics, connect with peers and mentors, and gain insights into a wide world of possibilities after law school.
Registration is required, but free for all students.
Speakers and Plenary Panelists Include:
- Pablo Arrocha Olabuenaga (Legal Adviser, Permanent Mission of Mexico to the United Nations)
- Fatou Bensouda (Former Chief Prosecutor, International Criminal Court)
- Nicola Bonucci (Partner, Litigation Department, Paul Hastings LLP; former Director for Legal Affairs, Organization for Economic Cooperation and Development [OECD])
- Nazhat Shameem Khan (President, UN Human Rights Council)
- Dire Tladi (Member, International Law Commission; Professor of International Law & SARChI Chair of International Constitutional Law, University of Pretoria)
Information on the full agenda is below.
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Thursday Agenda
President’s Opening Plenary Panel
Thursday, October 28 (2:00-3:30 pm)
The Opening Plenary will explore where the international legal order is meeting expectations and where it is falling short. Expert panelists from a diverse array of expertise and regions will consider where the current system should be reinforced and new solutions should be developed, as well as how to revitalize institutions to make them more durable and impactful. This panel will also discuss where we require more robust legal frameworks and where, perhaps, we need less regulation; and answer the question: How should we tailor our reinvestment in international law?
Moderator:
● Leila Nadya Sadat, President, International Law Association (American Branch); James
Carr, Professor of International Criminal Law, Washington University School of Law
Panelists:
● Pablo Arrocha Olabuenaga, Legal Adviser, Permanent Mission of Mexico to the United Nations
● Nicola Bonucci, Partner, Litigation Department, Paul Hastings LLP; former Director for Legal Affairs, Organization for Economic Cooperation and Development (OECD)
● Ambassador Nazhat Shameem Khan, President, UN Human Rights Council
● Dire Tladi, Member, International Law Commission; Professor of International Law and SARChI Chair of International Constitutional Law, University of Pretoria; President, International Law Association (South Africa)
Debating a WTO TRIPS Waiver for COVID
Thursday, October 28 (3:45-5:00 pm)
Intellectual property and health has risen again to the top of the global trade agenda and to front-page attention. In October 2020, India and South Africa proposed a waiver of the Agreement on Trade-Related Aspects of Intellectual Property Rights to promote the prevention, treatment and containment of COVID19. A legal and policy debate has ensued over whether the waiver can help global treatment aims, and the United States subsequently endorsed the text-based work on the proposal. In the run-up to the upcoming 12th WTO Ministerial Conference in Geneva, this panel brings together leading intellectual property experts to explore the process and politics surrounding the waiver proposal.
Moderators:
• Sean Flynn, Director, Program on Information Justice and Intellectual Property, American University Washington College of Law; Co-Chair, ABILA Committee on International Intellectual Property
• Peter K. Yu, Regents Professor of Law and Communication and Director, Center for Law and Intellectual Property, Texas A&M University; ABILA Vice-President & Co-Director of Studies; CoChair, ABILA Committee on International Intellectual Property
Panelists:
• J. Janewa OseiTutu, Associate Professor of Law, Florida International University College of Law
• Srividhya Ragavan, Professor of Law, Director of India Programs, Texas A&M University School of Law
• Sharon K. Sandeen, Robins Kaplan Distinguished Professorship in Intellectual Property Law & Director, Intellectual Property Institute, Mitchell Hamline School of Law
• Joshua D. Sarnoff, Professor of Law, DePaul University College of Law
• Antony Taubman, Director, Intellectual Property, Government Procurement and Competition Division, World Trade Organization
Disappearing Land and Displaced Persons: Climate Change and International Law
Thursday, October 28 (3:45-5:00 pm)
It is no secret that the world (and indeed humanity) has to confront the imminent challenge of climate change over the coming decades. Due to rising sea levels, States are losing territory and some island-States face the reality of submersion. The loss of land due to climate change is coupled with the consequent displacement of people who live on those lands or are losing their livelihood to climate change. These issues present novel challenges for international law. This panel shall discuss how international law, in particular the law of the sea, confronts these challenges today and in what direction international law needs to develop to face these intensifying challenges in the future.
Moderator:
● Floriane Lavaud, Counsel, Debevoise & Plimpton LLP
Panelists:
● Elisa Fornalé, Swiss National Science Foundation (SNSF) Professor, World Trade Institute, University of Bern
● Cecilia Jimenez-Damary, UN Special Rapporteur on the human rights of internally displaced persons
● Nicola Swan, Partner, Chapman Tripp in New Zealand
● Donald Rothwell, Professor of Law, Australian National University (ANU) College of Law
Surveillance, Privacy, and Human Rights
Thursday, October 28 (3:45-5:00 pm)
Surveillance and privacy will occupy center stage in 2022. The European Union’s General Data Protection Regulation (GDPR) is becoming a global privacy standard. Questions abound on the scope of the Schrems II decision by the Court of Justice of the European Union invalidating the Privacy Shield transatlantic data transfer pact. U.S. courts will weigh the Foreign Intelligence Surveillance Act’s coverage of foreign and U.S. communications. In the private sector, the European Data Protection Board’s guidance flags encryption as a safe harbor, which will spur adjustments by commercial firms. Using a roundtable format, this panel will clarify current debates.
Moderator:
● Peter S. Margulies, Professor of Law, Roger Williams University School of Law
Panelists:
● Brian Egan, Partner, Steptoe & Johnson; former Legal Adviser, U.S. Department of State
● Els de Busser, Assistant Professor, Leiden University; Researcher, The Hague Program for Cyber Norms ● Margaret Hu, Associate Dean for Non-JD Programs and Professor of Law, Penn State Law
● Becky Richards, Civil Liberties and Privacy Officer, U.S. National Security Agency
● Patrick Toomey, Senior Staff Attorney, American Civil Liberties Union Schedule
Reinvesting in the Legitimacy and Fundamental Principals of Customary International Law
Thursday, October 28 (3:45-5:00 pm)
This roundtable will consider the legitimacy and fundamental principles of customary international law. International custom has long been accepted by many as strong evidence that certain international practices are binding international law. Yet today, and even in earlier times, some powerful governments and other international actors view or have viewed customary international law as at best advisory, and at worst a pernicious hindrance to the free action of sovereign States. This panel will seek to discover and reassert (or expose and critique, if necessary) the fundamental principles that justify customary international law and support its legitimacy and power to regulate and constrain public action through law. The panel will consist of a conversation among the panelists, including consideration of issues raised by the audience.
Moderator:
• Mortimer Sellers, Regents Professor and Wilson H. Elkins Professor of the University System of Maryland and Director of the University of Baltimore Center for International and Comparative Law; Chair, Committee on the Legitimacy and Fundamental Principles of International Law
Panelists:
• Noora Arajarvi, Associate for Research Ethics and Integrity, Hertie School, Berlin; Postdoctoral Researcher, Centre d’Histoire et Anthropologie du Droit, Université Paris Nanterre, Paris
• Jean d’Aspremont, Professor of International Law, Sciences Po; Chair of Public International Law, University of Manchester
• Omri Sender, Advisor and Litigator in Public International Law; Former Assistant to the International Law Commission’s Special Rapporteur on the Identification of Customary International Law
• Ingrid Brunk Wuerth, Helen Strong Curry Chair in International Law, Vanderbilt Law School
Networking Rooms hosted by ABILA Committees
Thursday, October 28 (5:00-5:45 pm)
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- Formation of Rules of Customary International Law
- International Arbitration and International Investment Law
- International Criminal Court
- International Intellectual Property Law
- Islamic Law and Society
- Legitimacy and Fundamental Principles of International Law
- Teaching Public International Law
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Friday Agenda
Travelling Judges on International Commercial Courts
Friday, October 29 (9:00-10:15 am)
Travelling judges play an important role in deciding international commercial cases in the domestic courts of a range of countries. These judges are typically foreigners (although they may be British citizens travelling to an overseas territory) and typically work part time, sometimes spreading their work between a range of courts and international commercial arbitration providers. On the one hand, a growing number of jurisdictions have established special purpose international commercial courts in order to compete in a regional or international market for dispute resolution. On the other, jurisdictions that have played a large role in international commercial law, such as Hong Kong and the Cayman Islands, also use foreign judges on some domestic courts, a practice that judges and government officials frequently connect with making their legal systems for attractive to foreign companies. This panel will bring together judges from several courts that specialize in international commercial disputes to discuss their work and its impact on private international law.
Moderator:
● Pamela Bookman, Associate Professor of Law, Fordham University School of Law
● Alyssa King, Assistant Professor, Queen’s University Faculty of Law
Panelists:
● Justice Anselmo Reyes, Singapore International Commercial Court (formerly Hong Kong CFI)
● Michael Hwang, SC, former Chief Justice of the Dubai International Financial Centre (DIFC) Courts
● Hon. Ian R.C. Kawaley, Cayman Islands Grand Court; Former Chief Justice of Bermuda
Outsourcing International Responsibility
Friday, October 29 (9:00-10:15 am)
The year 2021 marks the 20th anniversary of the International Law Commission’s Articles on the Responsibility of States for Internationally Wrongful Acts. One key aspect is the guidance on attribution, meant to help determine what conduct should be attributed to the state. Today, are the rules flexible enough to accommodate the contemporary trend of outsourcing public functions to private actors on the one hand, and the centralization of power in state owned or affiliated entities on the other? These relationships produce doctrinal murkiness in contexts as diverse as environmental disasters, military activities, and cyber-attacks. Is it time for a reassessment? Do the rules promote compliance or help states outsource and evade it?
Moderator:
• Melissa J. “MJ” Durkee, Allen Post Professor and Director of the Dean Rusk International Law Center, University of Georgia School of Law
Panelists:
● Kristen Boon, Miriam T. Rooney Professor of Law, Seton Hall University School of Law
• Chimène Keitner, Alfred and Hanna Fromm Professor of International Law, UC Hastings
• Alex Mills, Professor of Public and Private International Law, Faculty of Laws, University College London Schedule
Externalization, Responsibility Sharing and the Global Compact on Refugees
Friday, October 29 (9:00-10:15 am)
This panel addresses the Global Compact on Refugees (GCR) through the lens of the concept of ‘externalization’ and the principle and practice of responsibility sharing. Firstly, it explores the concept of externalization by tracing the emergence of the term in international law over the past 20 years, grappling with the challenges one faces when seeking to define its contours. Secondly, it explores the gaps in protection that may foster harm and responsibility shifting to other States and actors, such as the right to leave and the right to seek asylum, and assesses the promise of the Compact as soft law to achieve fair responsibility sharing. Finally, it will discuss the pitfalls of current externalization practices in Australia and Bangladesh and the potential for the GCR to support a shift towards protection-oriented responses to large-scale refugee and migration situations, including the Rohingya refugee situation.
Moderator:
● Madeline Garlick, Chief, Protection Policy and Legal Advice Section, Division of International Protection, Office of the United Nations High Commissioner for Refugees (UNHCR)
Panelists:
● Sreetapa Chakrabarty, PhD Candidate, Rabindra Bharati University
● Nikolas Feith Tan, Senior Researcher, Danish Institute for Human Rights
● Elizabeth Mavropoulou, Visiting Lecturer, University of Westminster
● Emilie McDonnell, DPhil, University of Oxford Faculty of Law; Adjunct Researcher, University of Tasmania School of Law
● Riona Moodley, Teaching Fellow, University of New South Wales
Global Governance and World Health Organization Reform in the Wake of COVID-19
Friday, October 29 (9:00-10:15 am)
While policy and public health input is critically important to managing global health emergencies, without sufficiently robust institutional and legal structures in place, states will develop responses that are not well coordinated, leaving gaps that can make it difficult to stop the global spread of an epidemic or address other health challenges in a coordinated and effective manner. Legal rules developed through universal international organizations like the WHO not only create a level playing field, as all States have input, but allow for the monitoring of treaty obligations as well as negotiation and coordination of disputes between States that may arise. This panel will discuss recommendations for reforming the WHO, and the International Health Regulations (IHR) 2005, including the work of the WHO’s Independent Panel for Pandemic Preparedness and Response, and perspectives an international agreement on pandemic response.
Moderator:
● Frederick Abbott, Edward Ball Eminent Scholar Professor of International Law, Florida State University College of Law; Chair, ILA Global Health Law Committee
Panelists:
● Ayelet Berman, Senior Fellow, Centre for International Law, National University of Singapore Faculty of Law
● Gian Luca Burci, Adjunct Professor, Graduate Institute of International and Development Studies, Geneva; former Legal Counsel, World Health Organization
● Precious Matsoso, Member, WHO Independent Panel on Pandemic Preparedness and Response; former Director-General, South Africa’s Department of Health; former Chair, WHO Executive Board
● Pedro Villarreal, Senior Research Fellow, Max Planck Institute for Comparative Public Law and International Law Schedule
The Geopolitics of Economic Competition
Friday, October 29 (10:30-11:45 am)
Around the world, states have been rethinking the meaning of security and redefining threats. Lines between geopolitics and economic competition blur as states struggle to label concerns around data security, artificial intelligence, supply chain resilience, and innovation leadership. Trade barriers have been thrown up; industrial policies are on the table; export control and investment screening lists are expanding; business partnerships and research collaborations are being scrutinized. Facing this new minefield are businesses, entrepreneurs, scientists, and others, unsure not only of the rules they need to follow, but the rulebook to check. They must navigate a world in which they might alternately be cast as civilians or combatants, as objects of regulation or as national champions. This panel maps the new terrain of global competitive anxiety. It lays out various state policies being adopted, explores the choices facing those caught in the potential crosshairs, and considers the ways in which international law and its regimes are being challenged, restructured, and reformed. It tells a story of flux and change from the viewpoint of the globe, the state, and the individual.
Moderator:
● Harlan Grant Cohen, Gabriel M. Wilner/UGA Foundation Professor in International Law, University of Georgia School of Law
Panelists:
● Lauren Brown, Associate, Squire Patton Boggs
● Sarah Bauerle Danzman, Assistant Professor of International Studies, Hamilton Lugar School of Global and International Studies, Indiana University, Bloomington
● Margaret Lewis, Professor of Law, Seton Hall University Law School
● Henrique Choer Moraes, Deputy Head of Mission, Embassy of Brazil in New Zealand
International Organizations in the Digital Age
Friday, October 29 (10:30-11:45 am)
As the world is entering an age of increasing digitalization, the Internet is no longer only the domain of private actors. Under the auspices of the General Assembly, a working group is developing the norms and principles of responsible behavior in cyberspace. In 2020, the UN Secretary-General adopted a Data Strategy to “focus on building the data, digital, technology and innovation capabilities the UN needs to succeed in the 21st century”. In turn, tech corporations advance multistakeholder action to contribute to fulfilling the UN’s functions. This panel will discuss the role that international organizations may play in managing the risks and harnessing the opportunities of digitalization.
Moderator:
● Christiane Ahlborn, Legal Officer, UN Office of Legal Affairs
Panelists:
● Nemanja Malisevic, Director, Digital Diplomacy, Microsoft
● Megan Roberts, Director of Policy Planning, UN Foundation
● Eneken Tikk, Senior Researcher at the Institute of Software Sciences, Tallinn University of Technology, and Fellow of the Erik Castrén Institute of International Law and Human Rights, University of Helsinki
● Martin Waehlisch, Team Leader, Innovation Cell, UN Department of Political and Peacebuilding Affairs
The Meaning of Diversity, Equity and Inclusion in International Law
Friday, October 29 (10:30-11:45 am)
Recent events across the world, presentations by judges and international law scholars and practitioners, and several articles have prompted different organizations in the field of international law to take a closer look at diversity, equity, and inclusion (DEI). DEI is not necessarily a new concept, but its content continues to be somewhat elusive. This roundtable will discuss the meaning of DEI in International Law, the significance of having “diverse” international bodies, including international courts and tribunals, panels, the ILC, and even States’ representation to international organizations, and the way to address DEI in this field- from the classroom to practice, with a forward-looking perspective.
Moderator:
● Sohini Chatterjee, Presidential Appointee at the US Department of State as Senior Policy Advisor to the US Ambassador to the United Nations
Panelists:
● Ambassador Namira Negm, Legal Counsel, African Union
● Monica Pinto, Professor Emerita, University of Buenos Aires School of Law
● Daniel Stewart, Founder & Executive Director, Independent International Legal Advocates
When Domestic Courts Evaluate Foreign Legal Systems: The Case of China
Friday, October 29 (10:30-11:45 am)
Domestic courts increasingly must evaluate foreign legal systems and laws in several contexts, including forum non conveniens, enforcement of foreign judgments, extradition, and non-refoulement among others. Such evaluations in turn require assessments based upon domestic conceptions as well as international human rights standards. This panel will consider these issues with regard to China, where the challenges and consequences are especially significant.
Moderator:
● Martin Flaherty, Leitner Family Professor of Law and Founding Co-Director of the Leitner Center for International Law and Justice, Fordham Law School; Visiting Professor, School of Public and International Affairs, Princeton University
Panelists:
● Vivienne Bath, Professor of Chinese & International Business Law, Associate Director International Centre for Asian and Pacific Law, University of Sydney
● Donald Clarke, David Weaver Research Professor of Law, The George Washington University Law School
● Mark Cohen, Executive Director, Berkeley Center for Law & Technology, University of California Berkeley School of Law
● Tzu-I Lee, Postdoctoral Research Fellow, National University of Taiwan & Ministry of Science and Technology, Taiwan
Keynote Address
Friday, October 29 (12:00-1:00 pm)
Professor Oona Hathaway, Yale Law School
Sustainability & Ethical Trade in Times of Uncertainty: The Role of Corporate Social Responsibility Between Self-Regulation and Legal Obligations
Friday, October 29 (2:00-3:15 pm)
The past year has been, by all accounts, extraordinarily complex for businesses and global supply chains around the world due to the ongoing Covid-19 pandemic, complex international politics, and the accelerating threat of climate change. As a result, discussions have centered, more than ever before, on the notion of sustainable development and the importance of corporate social responsibility (CSR) in promoting sustainability as part of national and international trade. This panel will explore this topic with prominent experts from the corporate world, legal practice, academia, and international organizations. In particular, panelists will address questions how we understand “sustainability” with respect to trade, the growing interest in and appeal of CSR, and whether CSR is sufficient to promote ethical and sustainable trade or would benefit from the addition of national or international legal obligations.
Moderator:
● Irene Calboli, Professor of Law, Texas A&M University School of Law
● Jessica Simonoff, Attorney-Adviser, U.S. Department of State
Panelists:
● Diana Verde Nieto, Co-Founder and CEO, Positive Luxury
● Gail A. Lione, Senior Counsel, Dentons and Adjunct Professor, Georgetown Law Center
● Brad Brooks-Rubin, Strategic Advisor, Responsible Jewelry Council
Back in the Game: Assessing the United States’ Reengagement in the Paris Agreement and Climate Governance
Friday, October 29 (2:00-3:15 pm)
Climate change remains a vexing problem calling for effective (and urgent) global climate policies. In this scenario, the United States’ reengagement in the climate arena, specifically after rejoining the Paris Agreement, bears academic and practical interest. This panel will examine the next Conference of the Parties of the UNFCCC in November, as the United States’ leadership is deemed crucial for more stringent commitments and the implementation of the marked-based approaches established under Article 6 of the Paris Agreement. National security and climate justice will be discussed and contextualized considering the global South. Net zero pledges and potential hurdles in the local implementation of the Paris Agreement will also be addressed.
Moderator:
● Myanna Dellinger, Professor of Law, University of South Dakota School of Law
Panelists:
• Carolina Arlota, Visiting Assistant Professor, The University of Oklahoma, College of Law
• Charlotte Ku, Professor of Law and Director Global Programs, Texas A&M School of Law
• Albert Lin, Professor of Law, University of California Davis, School of Law
• Tade Oyewunmi, Assistant Professor of Law, University of Vermont, Law School
Prosecuting the Crime of “Ecocide” at the ICC and Elsewhere
Friday, October 29 (2:00-3:15 pm)
Climate change represents a contemporary crisis for humans all around the world. We no longer talk about its future impacts but rather its present ones. Despite this, international instruments and mechanisms have been ineffective in protecting the environment and combating climate change. Proposals have been made to criminalize environmental destruction under international law to hold perpetrators accountable and to deter others. Several States have called for the crime of ecocide to be added to the Rome Statute and an expert panel has been convened to draft the relevant provisions. Ecocide is already criminalized as a war crime when part of an armed conflict, and by some states in national legislation. This panel will explore the history and development of the crime, its potential codification, and its ability to mitigate or prevent environmental destruction.
Moderators:
● Milena Sterio, Director, Domestic and International LL.M. Program, Charles R. Emrick Jr.-Calfee Halter & Griswold Professor of Law, Cleveland-Marshall College of Law
● Julie Fraser, Assistant Professor, Netherlands Institute of Human Rights (SIM) and the Montaigne Centre, Utrecht University
Panelists:
● Kate Mackintosh, Executive Director, Promise Institute for Human Rights, UCLA Law
● Tarini Mehta, Associate Professor, Assistant Dean of Student Affairs, and Director, Environmental Law and Science Advocacy, Forum Jindal School of Environment and Sustainability
● JoJo Mehta, Co-founder and Executive Director, Stop Ecocide Campaign; Convenor, Independent Expert Panel for the Legal Definition of Ecocide
● Leila Sadat, James Carr Professor of International Criminal Law, Washington University School of Law; President, International Law Association (American Branch)
The Role of Domestic Actors in Fulfilling the Genocide Convention’s Objectives
Friday, October 29 (2:00-3:15 pm)
As the global pandemic exacerbates ongoing conflicts and underlying root causes of mass atrocities, governments and civil society groups are considering how to better prevent atrocity crimes globally. Some States have adopted domestic legislation, others have invested in multi-lateral efforts, and some have even pursued direct action before international courts and tribunals, while civil society has focused on advocacy tools, education, and pressure on corporate actors. These efforts address not only existing frameworks of international law but also proposed solutions to other gaps, such as the lack of an international convention on crimes against humanity. This panel will focus on how to achieve compliance, current progress and challenges, and proposed options.
Moderator:
● Wes Rist, Deputy Executive Director, American Society of International Law
Panelists:
● Federica D’Alessandra, Deputy Director, Institute for Ethics, Law and Armed Conflict; Executive Director, Oxford Programme on International Peace and Security, University of Oxford
● Shukria Dellawar, Legislative and Policy Manager for the Prevention of Violent Conflict, Friends Committee on National Legislation
● Amanda Van Dort, Policy Team Lead, Conflict & Stabilization Operations, U.S. Dept. of State
Investment Law and the Future of International Energy Governance
Friday, October 29 (3:30-4:45 pm)
The energy sector accounts for a third of all global investment disputes. The trend began with the hydrocarbons sector and has slowly transitioned into disputes involving investments in the renewables sector. The panel will address the role that the existing investment regime plays in international energy governance, including the calls for the cancellation of ISDS arbitration claims involving the transition into renewable energy; the pressures to renegotiate government contracts to achieve climate change goals; and related energy market tensions that emerge from the interplay between international energy transition and investment law.
Moderator:
● Diora Ziyaeva, Counsel, Dentons LLP
Panelists:
● Michelle Bradfield, Partner, Jones Day LLP
● Kathleen Claussen, Associate Professor of Law, University of Miami Law School
● Tim Meyer, Professor of Law and Director, International Legal Studies Program, Vanderbilt Law School● Guillermo Jose Garcia Sanchez, Associate Professor of Law, Texas A&M University School of Law
Immunity or Impunity? Recent Challenges to the Framework for Diplomatic and Consular Immunities
Friday, October 29 (3:30-4:45 pm)
This roundtable will consider recent challenges to the legitimacy of the rules on consular and diplomatic immunities, given the increased public criticism that these rules allow diplomatic office holders to act with impunity. These issues will be discussed in light of the principles codified in the Vienna Convention on Diplomatic Relations (‘VCDR’), and with reference to relevant decisions from the International Court of Justice and from domestic courts, including from France, the United Kingdom, and the United States. The panelists will examine the remedies provided in the VCDR when crimes are perpetrated by diplomatic office holders and consider whether those remedies adequately address crimes committed by those claiming diplomatic immunity after the fact.
Moderator:
● Conway Blake, International Counsel, Debevoise & Plimpton LLP
Panelists:
● Lori Damrosch, Columbia University
● Concepción Escobar Hernández, Special Rapporteur to the ILC on the immunity of State officials from foreign criminal jurisdiction
● Philippa Webb, Professor of Public International Law, King’s College London; Barrister, Twenty Essex Chambers
● Vanessa Yorke, from the Office of the Legal Adviser to the US State Department
Renewing and Improving the United States’ Relationship with the International Criminal Court
Friday, October 29 (3:30-4:45 pm)
The US relationship with the ICC reached a nadir during the past US Administration, with sanctions imposed against the ICC Prosecutor. The Biden Administration has rescinded the sanctions Executive Order and announced it “could return to a period of cooperation and work[ing] together to achieve … common objectives.” This panel will explore how the US can resume a leadership role in the field of international justice and restore its relationship with the ICC.
Moderator:
● Jennifer Trahan, Professor, NYU Center for Global Affairs and Director, Concentration in International Law & Human Rights; co-chair, ABILA ICC Committee
Panelists:
● Michael A. Newton, Professor of the Practice of Law & Professor of the Practice of Political Science, Director, Vanderbilt-in-Venice Program, Vanderbilt Law School
● Diane Orentlicher, former Deputy for War Crimes Issues, U.S. Department of State; Professor, American University Washington College of Law
● Ambassador David J. Scheffer, former US Ambassador-at-Large for War Crimes Issues, US Department of State; Clinical Professor Emeritus and Director Emeritus Center for International Human Rights, Northwestern University Pritzker School of Law
● Ambassador Clint Williamson, former U.S. Ambassador-at-Large for War Crimes Issues; Senior Director for International Rule of Law, Governance and Security, The McCain Institute
Beyond Fragmentation: Cross-Fertilization, Cooperation and Competition among International Courts and Tribunals
Friday, October 29 (3:30-4:45 pm)
The contemporary international legal order is more judicialized, yet also more fragmented, than at any period in human history, with dozens of international courts and tribunals interpreting international law and adjudicating disputes. This fragmentation raises systemic problems of judicial competition, forum-shopping, and divergent interpretations of law. Three sets of arguments will be explored. First, we examine cross-fertilization in the area of procedural law, identifying a strong pull towards convergence in procedure across courts and tribunals. Second, we examine the more complex experience of cross-fertilization in substantive law, finding a more spotty and asymmetric record of cross-citation and engagement among courts and tribunals. Third, we examine the actors of cross-fertilization, including not only judges but also states, litigants, counsel, and international and nongovernmental organizations.
Moderator:
● Chiara Giorgetti, Professor of Law, University of Richmond School of Law
Panelists:
● John Crook, Judge, NATO Administrative Tribunal; Professorial Lecturer in Law, George Washington Law
● Hélène Ruiz Fabri, Professor of International Law, Director of the Max Planck Institute Luxembourg for Procedural Law
● Alina Miron, Professor of International Law, Université d’Angers
● Mark Pollack, Professor of Political Science and Law and Jean Monnet Chair, Temple University
Networking Rooms hosted by ABILA Committees
Friday, October 29 (4:45-5:30 pm)
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- International Commercial Law
- International Environmental and Energy Law
- International Human Rights Law
- International Humanitarian Law
- International Law in Domestic Courts
- Law of the Sea
- United Nations Law
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International Law Trivia
Friday, October 29 (5:45 pm)
Test how much you know about international law in the Second Annual ABILA International Law Trivia Night! Questions will cover a range of international law subject material – so there will be something for everyone. The winners will be announced at the ABILA Members Meeting on Saturday at 10:30 am EDT and will receive bragging rights and a prize. Attendees are encouraged to organize a trivia team with their colleagues, professors, classmates, Committee members, or friends! Teams should not have more than 8 members. If you would like ILW organizers to place you on a team, email ilw@ila-americanbranch.org. You are also welcome to play on your own.
Master of Ceremonies:
Michael P. Scharf, Dean, School of Law and Joseph C. Hostetler - BakerHostetler Professor of Law, Case Western Reserve University School of Law
Co-host:
Madaline George, Whitney R. Harris World Law Institute at Washington University School of Law
Saturday Agenda
Keynote: Fatou Bensouda, Former Chief Prosecutor, International Criminal Court
Saturday, October 30 (9:00-9:45 am)
ABILA Outstanding Achievement Award Keynote Address
Introductions
Leila Sadat, James Car Professor of International Criminal Law, Washington University in St. Louis School of Law; President, International Law Association (American Branch)
Rethinking the Service of Documents in Cross-Border Transactions
Saturday, October 30 (10:45-12:00 pm)
This roundtable will cover a range of issues relating to the service of legal documents in cross-border contexts. It will discuss the challenges involved when enforcing choice-of-forum clauses. It will also examine the validity of service provisions in contracts when tested against the backdrop of arbitration and ADR-related proceedings. In light of existing and emerging practices, absence of uniformity in States’ positions, and conflicting court interpretations such as in Rockefeller v. SinoType. A reexamination of the application of the Hague Service Convention will steer discussion regarding the extent of party autonomy a priori courts’ discretion and will question how differing approaches will impact the development of the international legal order.
Moderators:
• Ronald Brand, Ronald A. Brand, Chancellor Mark A. Nordenberg University Professor, John E. Murray Faculty Scholar, and Director, Center for International Legal Education, University of Pittsburgh School of Law
• Louise Ellen Teitz, Professor of Law, Roger Williams School of Law
Panelists:
• Robin Effron, Professor of Law, Brooklyn Law School; Visiting Professor of Law, Columbia Law School
• Ted Folkman, Partner, Folkman LLC
• Lemuel Lopez, Lecturer, Australian Catholic University
• Gifany Ten-Ten L. Tongohan, Professor, Centro Escolar University School of Law; Consultant, International Finance Corporation (IFC), World Bank Group
Small Satellites, Big Possibilities: How to Build a Fair Legal Regime for a Developing Technology
Saturday, October 30 (10:45 am -12:00 pm)
Small satellite technology—and with it, the pace of launches and number of participating launch States—has grown at a rapid clip. Smallsats are the focus of huge public and private investment, and also hopes for equitable development. The UN Office for Outer Space Affairs has examined the importance of satellite availability and use in achieving the Sustainable Development Goals. Today, small satellites can be produced and launched relatively affordably. This technology can be used to support scientific research in space and to advance commercial and humanitarian ends on Earth. As more actors launch small satellites into orbit, the international legal regime must be prepared to enhance the benefits and meet the challenges of this proliferation. With most small satellites launched into the limited field of low Earth orbit, the problems of overcrowding, debris, safety and traffic control, risk management, and access, will be key to harnessing small satellites’ potential to democratize access to space and to equitably improve life on Earth.
Moderator:
● Catherine Amirfar, Co-Chair, International Dispute Resolution Group, Debevoise & Plimpton; President, American Society of International Law
Panelists:
● Sasha Field, General Counsel, Spaceflight, Inc.
● Yungjin Jung, Head of Policy Team, Research Strategy Division, Korea Aerospace Research Institute (KARI)
● Frans G. von der Dunk, Harvey & Susan Perlman Alumni and Othmer Professor of Space Law, Nebraska College of Law
● Caryn Schenewerk, Vice President of Regulatory and Government Affairs, Relativity Space
Minding the Gaps: Strengthening Accountability for War Crimes Under U.S. Law
Saturday, October 30 (10:45 am -12:00 pm)
Former President Trump’s pardons of US service members and military contractors charged or convicted of war crimes shone a spotlight on the US legal regime for war crimes. The U.S. War Crimes Act, for example, has never been used and contains several limitations in scope that make its use difficult or impossible against certain U.S. or foreign perpetrators. The Biden Administration can now reinvest in this critical area of the law: This panel will address ways to improve the War Crimes Act, the relationship between war crimes and the Uniform Code of Military Justice, and the war crimes-related practice of the Human Rights and Special Prosecutions Section of the Department of Justice.
Moderator:
● Gabor Rona, Professor of Practice, Cardozo School of Law
Panelists:
● Geoff Corn, Gary A. Kuiper Distinguished Professor of National Security, South Texas College of Law
● Teresa McHenry, Head of Human Rights & Special Prosecutions Section, Department of Justice
● Beth Van Schaack, Leah Kaplan Visiting Professor of Human Rights, Stanford Law School
● Rachel VanLandingham, Lt Col. (ret.), Professor of Law, Southwestern Law School
Commerce & Economics in Islamic Social Contexts: Past, Present & Future
Saturday, October 30 (10:45 am -12:00 pm)
This panel will discuss the ways in which commerce and economics have been framed and viewed in disparate Islamic social contexts. Panelists will address how Shari’a plays an important, and in some cases, a decisive role in a wide variety of social contexts and historical epochs, on issues pertaining to gender, moral ideals, commercial regulation, the halal meat industry, and the transformation of legal systems. The discussion will encompass historical movements, present debate, and future directions that underlay such Islamic contexts, while highlighting the diversity of views across the Islamic world in space and time.
Moderator:
● Tabrez Ebrahim, Associate Professor, California Western School of Law; Registered U.S. Patent Attorney
Panelists:
● Mehmet Asutay, Professor of Middle Eastern and Islamic Political Economy & Finance, Durham University Department of Economics & Finance; Institute for Middle Eastern and Islamic Studies
● Nicholas H.D. Foster, formerly Senior Lecturer in Commercial Law, School of Law, SOAS University of London (retired); Director, The Association for Comparative Legal Studies Limited
● Abla Hasan, Associate Professor of Practice of Arabic Language and Culture, University of Nebraska
● Maya Shatzmiller, Professor, Western University; Fellow of the Royal Society of Canada
● Kristen Stilt, Professor of Law, Director, Program on Law and Society in the Muslim World, Harvard University School of Law
Reinvesting in the Foundations of Public International Law
Saturday, October 30 (12:15-1:30 pm)
The international legal order is at a unique point due to a combination of (1) a universal health crisis, (2) a very significant economic crisis, and (3) significant shifts in assumptions underpinning the post-Cold War legal order. Are foundational concepts of the international legal order suitable for such times? This roundtable takes a universalist and generalist perspective on sources, State responsibility, and dispute settlement, considering whether modern challenges call for reinvesting in foundations of the system. Participants will draw upon their experience in academia and legal practice within universal, regional, and specialized institutional settings, and reflect upon the viability of foundational concepts in the international legal order of the 2020s.
Moderator:
• Judge María Teresa Infante Caffi, International Tribunal for Law of the Sea; Professor, University of Chile
Panelists:
• Antony Anghie, Professor, National University of Singapore and University of Utah; co-editor, Asian Journal of International Law
• Patrícia Galvão Teles, Professor of International Law, Autonomous University of Lisbon; Member, United Nations International Law Commission
• Mamadou Hébié, Associate Professor, University of Leiden
• Martins Paparinskis, Reader in Public International Law, University College London; Member, Implementation Committee of the UNECE Water Convention
Interested in this panel? If you haven’t yet registered for International Law Weekend, register here.
Environmental Degradation and Indigenous Rights: Is International Law Fit for Purpose?
Saturday, October 30 (12:15-1:30 pm)
Almost 30 years have passed since the United Nations Conference on Environment and Development (the Earth Summit) in Rio de Janeiro, Brazil. The UN described it at the time as a “turning point in the promotion of indigenous peoples’ rights relating to the environment.” But have the legal instruments adopted at the Earth Summit lived up to their promise? Indigenous peoples suffer disproportionately the effects of climate change and environmental degradation. New agricultural technologies, large dams, and extractive industries have forced resettlement and displacement of many indigenous communities. For others, climate change is a threat to their livelihoods and cultural practices. The impacts are also gendered. This roundtable will consider the existing international environmental and human rights law framework as it applies to indigenous peoples, and whether it leaves adequate room for their voices in navigating solutions. It will also debate possible solutions to address increasing risks.
Moderator:
● Merryl Lawry-White, Associate, Debevoise & Plimpton LLP
Panelists:
● Dalee Sambo Dorough, International Chair, Inuit Circumpolar Council; Associate Professor, University of Alaska Anchorage
● Jonathan Liljeblad, Senior Lecturer, ANU College of Law
● Jose Francisco Cali Tzay, United Nations Special Rapporteur on the Rights of Indigenous Peoples
● Shin Imai, Professor Emeritus, Osgoode Hall Law School; Co-founder of the Justice and Corporate Accountability Project; former practitioner, Keewaytinok Native Legal Services in Moosonee, Canada
Leveraging the UN for Greater Rule of Law Protections in MENA and Beyond
Saturday, October 30 (12:15-1:30 pm)
In recent years, States have increasingly attempted to instrumentalize UN agencies, mechanisms, and doctrines to deteriorate the state of rule of law. From Saudi Arabia heading the HRC Advisory Committee, to Russia and China exercising their Security Council vetoes on Syria, to the Egyptian State’s advocacy to alter UN counterterrorism resolutions, there is a widening gap between the ideals that the UN was created to uphold and its impact on the ground, particularly, but not solely, in the Middle East and North Africa (MENA). In a panel, we ask: How can the UN–whether mechanisms or doctrines–be strengthened to better meet the challenges in MENA and beyond? Are there credible and practical solutions that address why and how the UN system has been unable to meet today’s challenges? What role can stakeholders play to protect the UN from further politicization?
Moderators:
● Mai El-Sadany, Managing Director & Legal and Judicial Director, Tahrir Institute for Middle East Policy (TIMEP)
Panelists:
● Inès Osman, Director, MENA Rights Group
● Renzo Pomi, Amnesty International’s Representative at the United Nations in New York
● Ambassador Stephen Rapp, Senior Fellow, US Holocaust Memorial Museum and Oxford’s Peace & Security Program; former US Ambassador-at-Large for Global Criminal Justice
The Role of the ICJ in State Intervention by Non-Parties to a Dispute
Saturday, October 30 (12:15-1:30 pm)
The Netherlands, Canada, and the Maldives have indicated their intention to intervene in The Gambia’s ongoing proceedings against Myanmar before the International Court of Justice under the Convention on the Prevention and Punishment of the Crime of Genocide. Intervention offers a vital path for non-parties to a dispute to shape the Court’s treaty construction and protect any interests of a legal nature implicated in the proceedings. While the Statute of the Court explicitly envisions intervention and despite the advantages that intervention may offer, only few cases before the Court have involved intervention to date. The panel will explore the path and potential obstacles to intervention at the ICJ, set out the parameters under which it has been permitted, and consider the benefits to its future application and its ability to strengthen the foundation of the Court’s jurisprudence.
Moderator:
● Floriane Lavaud, Counsel, Debevoise & Plimpton LLP
Panelists:
● Nicolas Angelet, Professor of International Law at the Université Libre de Bruxelles
● Alina Miron, Professor of Public International Law, University of Angers
● Lucia Solano, Legal Adviser at the Permanent Mission of Colombia to the United Nations
The Meaning of Silence in International Law
Saturday, October 30 (1:45-3:00 pm)
The meaning of silence in international law has recently been given renewed attention. The issue arises in various contexts and gives rise to many salient questions. Does silence in international treaties mean that something is permitted or precluded? Does silence give rise to an inference that a treaty is lex specialis or does it justify integrating international norms from different regimes? Can a State that remains silent be deemed to have acquiesced to a situation or be estopped from later challenging it? In this rapid-response panel, leading adjudicators, counsel, treaty negotiators and academics will shed light on those and other significant questions raised by silence in international law.
Moderator:
● Neha Jain, Professor of Public International Law and Co-Director, Academy of European Law, European University Institute
Panelists:
● Danae Azaria, Associate Professor in Public International Law, University College London; Director, State Silence Project (ERC Grant)
● Simon Batifort, Partner, Curtis, Mallet-Prevost, Colt & Mosle LLP
● Campbell McLachlan QC, Professor, Victoria University of Wellington Law School
● Natalie Morris-Sharma, Government Legal Counsel, Singapore Attorney-General’s Chambers
Reflecting on Modern Challenges in the Settlement of Environmental Disputes
Saturday, October 30 (1:45-3:00 pm)
The international settlement of environmental disputes has now entered a new critical phase. Following the adoption of the Paris Agreement in 2015, the international community is still trying to find ways to address climate change and sea-level rise, as well as their inevitable consequences. In addition, long-standing global environmental concerns such as plastic pollution and hazardous waste seem to persist, notwithstanding multilateral treaty obligations. At the same time, the effective transition to a low-carbon economy calls into question States’ compliance with their international obligations vis-à-vis energy law and investment treaties. At this critical juncture, it is important not only to design new regimes to tackle such environmental issues, but also to re-invest in the existing structures of international law for the settlement of environmental disputes.
Moderator:
● H.E. Judge Ida Caracciolo, International Tribunal for the Law of the Sea
Panelists:
● Malgosia Fitzmaurice, Chair of Public International Law, Queen Mary University of London
● Emmanuel Giakoumakis, Associate Legal Officer, International Court of Justice; Doctoral Candidate, University of Oxford
● Jeremy Sharpe, Independent Arbitrator and Public International Law Practitioner
● Meagan Wong, Assistant Professor (Lecturer), School of Law, University of Essex
Enforcing the Rights of Children in Migration
Saturday, October 30 (1:45-3:00 pm)
The ILA Study Group on Cross-Border Violations of Children’s Rights recently concluded a report on the challenges faced and opportunities available to enforce the legal rights of children in migration. The Study Group identified gaps in the international and regional frameworks and formulated recommendations as to how to ensure children in migration can access justice. This session will provide participants with a greater understanding of the status of children in migration, their legal protections, and strategies for enforcement. The panel of international experts will discuss the findings of the report and explore next steps to safeguard the rights of children across the world
Moderator:
● Warren Binford, W.H. Lea for Justice Endowed Chair in Pediatric Law, Ethics & Policy and Director for Pediatric Law, Ethics & Policy at the Kempe Center, University of Colorado
Panelists:
● Michael Garcia Bochenek, Senior Counsel, Children’s Rights Division, Human Rights Watch
● Jaya Ramji-Nogales, Associate Dean for Research & I. Herman Stern Research Professor, Temple University
● Jessica Schidlow, Staff Attorney, ChildUSA
● Ann Skelton, Member, UN Committee on the Rights of the Child; Professor and Honorary Chair of Enforcement of Children’s Rights, Department of Child Law, University of Leiden
20 Years after 9/11, The Fall of Afghanistan
Saturday, October 30 (1:45-3:00 pm)
Moderator:
● David Stewart, Professor from Practice; Co-Director, Global Law Scholars Program; Director, Center on Transnational Business and the Law, Georgetown Law
Panelists:
● Rukhsar Azamee, ABILA Media Officer and Afghan women’s rights activist
● David Donat Cattin, Secretary-General, Parliamentarians for Global Action (PGA) (tbc)
● Fawzia Koofi, Afghan politician and women’s rights activist
ILW Career Program Part 1: Embarking on your Journey as an International Lawyer
Saturday, October 30 (3:00 - 3:30 pm)
In this joint session, we will explore the different paths you might take in an international legal career. We will share some practical tips on building skills and finding jobs, and address the challenges, joy, and potential impact of being an international lawyer.
• Amb. John Cotton Richmond, Partner, Dentons; Former Ambassador-at-Large to Monitor and Combat Trafficking in Persons, U.S. Department of State
• Hon. Elizabeth Stong, U.S. Bankruptcy Judge; Judicial Reform Advocate
ILW Career Program Part 2: What Kind of International Lawyer Do You Want to Be?
Saturday, October 30 (3:30- 4:30 pm)
Must attend the 3pm career program to be assigned to a breakout room. You can visit any of the following during this period.
Advocate: Fighting for justice
• Wade Channell, Independent Consultant; Former Gender Equality Advisor, U.S. Agency for International Development
• Norman L. Greene, Partner, Schoeman, Updike, Kaufman & Gerber LLP, New York
• Amb. John Cotton Richmond, Partner, Dentons; Former Ambassador-at-Large to Monitor and Combat Trafficking in Persons, U.S. Department of State
• Chaitra Shenoy, Gender Based Violence Advisor, U.S. Agency for International Development
• Martina Vandenberg, Founder and President of Human Trafficking Legal Center; Former Partner, Jenner & Block
Builder: Cultivating skills to develop a better world
• Sarah Fandell, General Counsel, U.S. International Development and Finance Corporation
• Thomas Hohenthaner, Deputy General Counsel, Millennium Challenge Corporation
• Jun Jin, Deputy General Counsel, U.S. Agency for International Development
• David Kassebaum, Assistant General Counsel, Millennium Challenge Corporation
• Nchimunya Ndulo, Senior International Attorney, Millennium Challenge Corporation
• Susan Pascocello, Director, Law of International Development Initiative, O’Neill Institute, Georgetown University Law Center; Senior Advisor, Office of the General Counsel, U.S. Agency for International Development
Influencer: Shaping your professional brand
• Rukhsar Azamee, ABILA Media Officer
• Elizabeth Gleeson, Senior Manager of Digital Communications, White & Case
• M. Imad Khan, Associate, Winston & Strawn
Practitioner: Gaining a solid foundation in lawyering
• Kristen Rohr, Partner, White & Case
• Nawi Ukabiala, Associate, Debevoise & Plimpton This session is organized by the ABA International Law Section, the International Law Students Association, Amity Boye, Wade Channell, Norman Greene, and David Kassebaum.