THE CHANGING FACE OF GLOBAL GOVERNANCE INTERNATIONAL INSTITUTIONS IN THE INTERNATIONAL LEGAL ORDER
ILA BRITISH BRANCH CONFERENCE PEMBROKE COLLEGE, OXFORD 12-13 APRIL 2013
ILA British Branch Conference PEMBROKE COLLEGE, OXFORD 12–13 APRIL 2013
Welcome by Jeremy Carver ILA BRITISH BRANCH PRESIDENT Oxford provides the venue for the British Branch’s 2013 annual conference, and challenges us with the important theme of how international institutions are adapting to our increasingly interconnected globe. Nearly 70 years ago, the architecture of the post-WWII world seemed destined to be shaped around the United Nations and its agencies and offshoots. Yet the Cold War froze the attainment of the UN’s ambitions, and the nation States – or the more powerful ones – stuck rigidly to national self-interest as the main determinant of international conduct. Since then, some 200 States have populated the international order, together with many more international bodies designed to achieve aims that no single State could realise. This conference explores how institutions are coping with the complex demands now made of them. Is the apparent chaos another manifestation of disparate self-interest, or are we struggling to create the new order that the UN Charter foresaw?
Welcome by Dapo Akande & Antonios Tzanakopoulos UNIVERSITY OF OXFORD The Public International Law team at Oxford is delighted to be hosting this year’s Spring Conference of the International Law Association British Branch. We are also delighted to welcome all of you to our home. We have worked hard to provide you with a balanced conference programme that is cutting edge, with interesting panels and papers by academics and practitioners, established and up-and-coming. The theme of the conference reflects, we think, the trends of globalisation in governance and aims to trace its impact on the law of international institutions. We look forward to our discussions being engaging and fruitful, and at the same time we hope that you will enjoy the beauty of Oxford and of Pembroke College.
The Planethood Foundation
Programme FRIDAY, 12 APRIL 2013 08.30
Registration Commences
09.00 – 09.15 Pichette Auditorium
Welcome Addresses Dapo Akande (University of Oxford), Jeremy Carver (President of International Law Association British Branch)
09.15 – 10.45 Pichette Auditorium
Opening Plenary: ‘The ‘New’ International Institutions’ Chair: Dapo Akande (University of Oxford) Dan Sarooshi (University of Oxford) International Institutions: Pushing the Boundaries of the Law Nico Krisch (Hertie School of Government, Berlin) The Challenge of Informality Alan Boyle (Edinburgh Law School) Judicial Settlement of Environmental Disputes: Why an International Environmental Court is Not the Answer
10.45 – 11.15
Coffee Break
11.15 – 12.45
Parallel Panel Sessions Panel One: ‘Interpretation and Constitutionalisation’ – Pichette Auditorium Chair: Maurice Mendelson QC (Blackstone Chambers)
Panel Two: ‘The Institutionalisation of Trade and Finance’ – Harold Lee Room Chair: Rae Lindsay (Clifford Chance)
Julian Arato (Freshfields Bruckhaus Deringer) Treaty Interpretation and Constitutional Transformation: Informal Change in International Organisations
Giovanna Adinolfi (University of Milan) The Regulation of Capital Movements in the Law and Practice of the IMF
Ingo Venzke (University of Amsterdam) A Global Separation of Powers? The Checks and Balances in Making International Law
Mary Footer (University of Nottingham) & Gregory Messenger (University of Oxford) The Role of Transnational Law and Legal Process in Secondary Rule-Making at the WTO
Richard Collins (University of Sheffield) The ‘Institutional Problem’ and the Deployment of Constitutional Analogy in Modern International Law Alison Duxbury (University of Melbourne) Interpreting Constituent Instruments and the Membership Practice of International Organisations 12.45 – 14.00
Lunch – Dining Hall
14.00 – 15.30
Parallel Panel Sessions
Giedre Jokubauskaite (University of Edinburgh) The World Bank Now and Then: Examining the Legal Landmarks of Its Broadening Mandate
Panel Three: ‘Complexity in the Law of Institutional Panel Four: ‘Proliferation of International Responsibility’ – Pichette Auditorium Institutions’ – Harold Lee Room Chair: Antonios Tzanakopoulos (University of Oxford) Chair: Elizabeth Wilmshurst (Chatham House) Chanaka Wickermasinghe (Foreign & Commonwealth Office) The Relationship between Responsibility and Immunities of International Actors
Yoshinobu Takei (University of Kiel) Proliferation of International Institutions in the Field of the International Law of the Sea: A Threat to Global Ocean Governance
Sotirios-Ioannis Lekkas (British Institute of Int’l and Comp Law) Institutional Short-Circuits in the Context of International Criminal Justice: The Turbulent Practice of Security Council Referrals to the ICC
Jan Wouters & Jed Odermatt (Catholic University Leuven) Comparing the ‘Four Pillars’ of Global Economic Governance: An Analysis of the Institutional Design of the FSB, the IMF, the World Bank and the WTO
Nikolaos Voulgaris (King’s College London) Rethinking Indirect Responsibility: A Study about Article 17 of the Draft Articles on the Responsibility of International Organizations and the Coherence of the Law of International Responsibility
Richard Burchill (University of Hull) The Impact of Regional Organisations on Global Governance: The Value of Diversity
15.30 – 16.00
Coffee Break
16.00 – 17.30 Pichette Auditorium
Keynote Plenary & Inaugural Oxford Global Justice Lecture Chair: Catherine Redgwell (University College London & Chichele Professor Elect, University of Oxford) Patricia O’Brien (United Nations Under-Secretary General for Legal Affairs and UN Legal Counsel) International Criminal Justice: Where do we stand today? Panel Discussion: Payam Akhavan (McGill University, Montreal), Charles C. Jalloh (University of Pittsburgh), Don Ferencz (Planethood Foundation)
17.30 – 19.00
Drinks Reception sponsored by Oxford University Press – Café / Marquee Area
18.30
ILA, British Branch, Executive Council Meeting – Allen & Overy Room
19.30 – 21.30
Formal Dinner – Dining Hall. Pembroke Bar Open THE CHANGING FACE OF GLOBAL GOVERNANCE 3
Programme SATURDAY, 13 APRIL 2013 09.00 – 10.30 Pichette Auditorium
Plenary: ‘International Institutions from the Perspective of Legal Advisers’ Chair: Edward Kwakwa, Principal Legal Counsel, World Intellectual Property Organization Alice Lacourt (Legal Adviser, Foreign and Commonwealth Office) Sanctions and the Rule of Law Peter Quayle (Principal Counsel, Office of the General Counsel, European Bank for Reconstruction and Development) International Administrative Law and Order: The Relationship between the Internal and External Accountability of International Institutions Stephen Bouwhuis (Legal Counsel, Commonwealth Secretariat) The Role of Legal Advisers in International Organisations
10.30 – 11.00
Coffee Break
11.00 – 12.30
Parallel Panel Sessions Panel Five: ‘Institutional Dispute Management’ – Pichette Auditorium Chair: Dan Sarooshi (University of Oxford) Sophia Dawkins (Conflict Dynamics International) & Bart Smit-Duijzentkunst (University of Cambridge) Peace through Law? Consent Management Strategies in International Arbitration Naomi Burke (University of Cambridge) The Edge of the Continental Shelf: Is the CLCS being Left Behind? Isobel Roele (University of Cardiff ) Docile States: The UN Security Council and Disciplinary Power
Panel Six: ‘Hybrid Institutions’ – Harold Lee Room Chair: Martins Paparinskis (University of Oxford) Elisa Ruozzi (University of Turin) The Changing Patterns of International Trade Regulation: The SPS and TBT Agreements and the Rise of Private Standardisation Lisa Clarke (European University Institute) Remedies in the Context of Hybrid Forms of Global Governance: A Case Study of Global Health Public-Private Partnerships Christoph Good (University of Zurich, Center for Human Rights) & Antoine Schnegg (University of Zurich, Institute of International Law) Constitutionalising Custom in International Humanitarian Law? – The Experimental Codification of Customary IHL by the ICRC
12.30 – 14.00
Buffet Lunch – Café/Marquee Area
13.15
Annual General Meeting, International Law Association (British Branch) – Pichette Auditorium
14.00 – 15.30
Parallel Panel Sessions Panel Seven: ‘International Institutions and the Regulation of Technology’ – Harold Lee Room Chair: Nancy Eisenhauer (University of Oxford)
Panel Eight: ‘Regional Institutional Aspects’ – Pichette Auditorium Chair: Jure Vidmar (University of Oxford)
Richard Gardiner (University College London) Acquisition by the International Telecommunications Union of Powers over Time and Space
Theodore Christakis (University of Grenoble) Regional Organisations and the Use of Force
David Fidler (Indiana University) Internet Governance and International Telecommunications Regulations
Efthymios Papastavridis (Academy of Athens & Democritus University of Thrace) EUNAVFOR Operation Atalanta Off the Coast of Somalia: The EU in Unchartered Waters?
Edward Kwakwa (Legal Counsel, World Intellectual Property Organization) The Uniform Domain Name Dispute Resolution Policy: Law-Making by Other Means?
Katja Samuel (University of Reading) The Organisation of Islamic Cooperation and its Underestimated Potential to Influence International Law-Making
15.30 – 16.00
Coffee Break
16.00 – 17.00 Pichette Auditorium
Closing Plenary Conference Co-Chairs: Dapo Akande & Antonios Tzanakopoulos (University of Oxford) Professor Guy Goodwin-Gill (Blackstone Chambers & University of Oxford) Professor Kristen Boon (Seton Hall Law School)
THE CHANGING FACE OF GLOBAL GOVERNANCE 4
Speakers KEYNOTE SPEAKER
Patricia O’ Brien was appointed the Under-Secretary-General for Legal Affairs and UN Legal Counsel in August 2008. She oversees the Office of Legal Affairs, the overall objectives of which are to provide a unified central legal service for the United Nations. Prior to her appointment she served for five years as Legal Adviser to the Department of Foreign Affairs of Ireland. She also served as a Senior Legal Adviser to the Attorney General of Ireland and as Legal Counsellor at the Irish Permanent Representation to the European Union in Brussels. She is a member of the Irish Bar (1978) and of the Bar of England and Wales (1986). She is a Fellow of the Society for Advanced Legal Studies, Institute of Advanced Legal Studies, London, Vice-President of the Dublin University Law Society, and an Honorary Bencher of the Kings Inns, Dublin, and a Master of the Bench of the Middle Temple, London.
CHAIRS
Dapo Akande is University Lecturer in Public International law, University of Oxford and Yamani Fellow at St Peter’s College, Oxford. He is currently the convenor of the Oxford Law Faculty’s Public International Law teaching group and Co-Director of the Oxford Institute for Ethics, Law and Armed Conflict and the Oxford Martin School’s Human Rights for Future Generations programme. He is editor of EJIL:Talk! the blog of the European Journal of International Law. His publications have appeared in the British Yearbook of International Law, the American Journal of International Law, the ICLQ and the Journal of International Criminal Justice.
Jeremy Carver is President of the International Law Association (British Branch). He has more than 40 years experience as an international lawyer with Clifford Chance LLP, where he was a partner for 30 years and Head of International Law. He has represented and advised many states and governments in boundary disputes, treaties, investments, development and conflict resolution. He is on the Board of Transparency International and is also active in other international bodies, including International Rescue Committee, a leading humanitarian agency.
Rae Lindsay is a partner in the Litigation & Dispute Resolution practice area at Clifford Chance LLP, specialising in international law, regulation and litigation. Her interest in the status, privileges and immunities of international organisations began with representation of a number of states and the EEC in litigation arising from the collapse of the International Tin Council. She advises international organisations on matters of governance, relations with third parties and in civil and criminal litigation. Rae served on the ILA’s Committee on the Accountability of International Organisations. She is co-author of ‘State Immunity: Selected Materials and Commentary’ (OUP, 2004) and Treasurer of the British Branch of the ILA.
Maurice Mendelson is a barrister (Queen’s Counsel) at Blackstone Chambers, London, specializing in public international law. He has been in practice at the English and international Bar since 1971; from 1968 to 2001 he also held academic posts at the Universities of Oxford and London, most recently the Chair of International Law at University College, London University, from which he took early retirement in order to concentrate on his practice. He has represented and advised numerous governments, inter-governmental and non-governmental organizations, multinational and other corporations, and individuals, covering most branches of international law.
Martins Paparinskis is a Junior Research Fellow at Merton College, University of Oxford. Martins is a general international lawyer with a particular interest in international economic law, law of treaties, State responsibility, and international dispute settlement. His recent and forthcoming publications include a monograph with Oxford University Press, a document collection with Hart Publishing, and articles in British Year Book of International Law, European Journal of International Law, ICSID Review-Foreign Investment Law Journal, Journal of International Dispute Settlement, and Leiden Journal of International Law.
Catherine Redgwell is currently Professor of International Law at University College London but from September 2012 will return to Oxford as the Chichele Professor of Public International Law. She is a member of the Council of the ILA British Branch, a member of the IBA’s Academic Advisory Group of the Section on Energy, Environment, Natural Resources and Infrastructure Law, and served as chair of the ICLQ editorial board for a number of years. She has published extensively in public international law, particularly in the areas of international environmental law, international energy law, law of the sea, and treaty law.
Antonios Tzanakopoulos is University Lecturer in Public International Law at the University of Oxford and Fellow in Law at St Anne’s College, Oxford. He previously taught at UCL and the University of Glasgow, and as a visitor at King’s College London and the University of Paris X. Antonios is the Joint Secretary of the British Branch of the ILA. He is also a member of the Athens Bar and he has worked on a number of cases involving international law before domestic and international courts.
Jure Vidmar holds a Leverhulme Early Career Fellowship in the Faculty of Law, University of Oxford, and is a Research Fellow of St John’s College, Oxford. He currently teaches EU law, jurisprudence, and public international law. Previously, he was a Research Fellow at the Institute of European and Comparative Law, University of Oxford. Jure is the author of a monograph entitled Democratic Statehood in International Law: The Emergence of New States in Post-Cold War Practice (Oxford, Hart, 2013) and co-editor (with Erika de Wet) of Hierarchy in International Law: The Place of Human Rights (Oxford, OUP, 2012).
Elizabeth Wilmshurst C MG is Associate Fellow, International Law, at Chatham House (the Royal Institute of International Affairs). She was a legal adviser in the United Kingdom diplomatic service between 1974 and 2003. Between 1994 and 1997 she was the Legal Adviser to the UK mission to the United Nations in New York. She was a visiting professor at University College, London University, and is a co-author of An Introduction to International Criminal Law and Procedure (Cambridge, two editions) and of International Law and the Classification of Conflicts (Oxford, 2012).
THE CHANGING FACE OF GLOBAL GOVERNANCE 5
Speakers
Payam Akhavan LLM, SJD (Harvard) is Professor of International Law at McGill University, Canada, and Fernand Braudel Senior Fellow at the European University Institute, Florence, Italy. He was previously Visiting Professor at Science Po (Paris) and Yale Law School. He was the first Legal Advisor to the Prosecutor’s Office of the ICTY-ICTR and served with the UN in Bosnia, Cambodia, Guatemala, Timor Leste and Rwanda. He has appeared as counsel before the International Criminal Court, the International Court of Justice, the International Tribunal for the Law of the Sea, the permanent Court of Arbitration, and the European Court of Human Rights. He is also a Founder of hte Iran Human Rights Documentation Centre and Prosecutor of the Iran Tribunal. In 2005, he was selected by the World Economic Forum as a Young Global Leader.
Giovanna Adinolfi has been an Associate Professor in International Law at the University of Milan since 2002. She obtained her Ph.D. in International Economic Law at the University of Bergamo (Italy) (1998). She then won a post-Ph.D. grant (1999) and a tenure lecturer position at the University of Milan (2001). Member of the faculty of the Ph.D. School in International Law and Economics at Bocconi University (Milan). Member of the Italian delegation to the United Nations (New York) at the Committee on Programme and Coordination (Summers 2000 and 2001) and the General Assembly (Fifth Commission) (Winter 2001). Her main fields of research and publications concern monetary and financial law, IMF (institutional dynamics, surveillance over national economic policies, financial assistance), international institutional law, and EC external relations in the economic field.
Julian Arato is an associate at Freshfields Bruckhaus Deringer, in the Dispute Resolution Group (international arbitration and litigation). He holds a J.D. and LL.M. from New York University School of Law where he studied as an Institute for International Law and Justice Scholar, and an M.Phil. from Cambridge University in political thought and intellectual history. He received his bachelor’s degree from Columbia University. He has published in the areas of treaty interpretation, international courts and tribunals, international organizations, and constitutional theory. He has previously worked at the European Court of Human Rights, the International Law Commission, and most recently as an advisor to the Permanent Mission of Palau to the United Nations on matters of public international law and international environmental regimes.
Kristen E. Boon is Professor of Law and Director of International Programs at Seton Hall Law School, New Jersey. She holds a Doctorate in law from Columbia Law School, a J.D. from New York University School of Law in 2000, a M.A. in Political Science from McGill University in 1996, and a B.A. with honors, in Political Science and History from McGill University in 1994. She has authored and co-authored articles on such topics as legislative reform in post-conflict zones, jus post bellum, the security council’s evolving jurisdiction and the law of responsibility. Prior to joining Seton Hall she served as a clerk to Supreme Court of Canada Justice Ian Binnie and as a litigation associate with Debevoise & Plimpton in New York.
Stephen Bouwhuis is the Legal Counsel of the Commonwealth Secretariat. Stephen provides advice on all legal issues concerning the Commonwealth Secretariat including reform its corporate processes and policies, arrangements with foreign governments and other entities, staffing matters and institutional reform. Stephen was previously Assistant Secretary of the Office of International Law in the Australian Government. In this role he was responsible for the provision of international legal advice on matters including trade, investment, maritime, arbitration, security and general international law. His academic qualifications include a Masters of Public Administration from the John F. Kennedy School of Government at Harvard and a Masters of International Law from the Australian National University.
Alan Boyle has been Professor of Public International Law at the University of Edinburgh School of Law since 1995. He teaches international law, international environmental law, and law of the sea. Publications include International Law and the Environment (with Patricia Birnie and Catherine Redgwell)(3rd edn, OUP, 2009) and The Making of International Law (with Christine Chinkin)(OUP, 2007). He practises international law from Essex Court Chambers, London. Recent or current cases include Pulp Mills on the River Uruguay (ICJ), Aerial Spraying (ICJ), Bay of Bengal Maritime Boundaries (ITLOS and PCA), Japanese Whaling (ICJ), Chagos Islands (UNCLOS).
Richard Burchill BA (Maine), MA (Hull), PhD (Nottingham) is a Reader in Law at the Law School and a member of the McCoubrey Centre for International Law and the Wilberforce Institute for the Study of Slavery and Emancipation, University of Hull. His teaching and research interests deal with the legal aspects of international and human rights for the purposes of furthering human emancipation and empowerment, with a particular focus on the role of international organisation. Recent publications include: ‘The Value of Dissonance: Regional Arrangements and the Pursuit of Harmony in International Law’ 105 Proceedings of the American Society of International Law (2011); “Regional Arrangements and the UN Legal Order” in International Organisations and the Idea of Autonomy edited by N. White and R. Collins (Routledge, 2011) and ‘Regional Approaches to International Humanitarian Law’ 40 Victoria University Wellington Law Review (2010).
Naomi Burke is a PhD candidate at Newnham College, Cambridge, where her research focuses on law of the sea issues in administered and occupied territories. She also holds degrees from Trinity College Dublin, IEP Paris and NYU School of Law.
THE CHANGING FACE OF GLOBAL GOVERNANCE 6
Lisa Clarke has an LLB from Osgoode Hall Law School and an LLM from the University of Helsinki with a specialisation in public international law. She obtained her PhD from the University of Amsterdam writing on the responsibility of global health public-private partnerships under international law. At present, she is a Jean Monnet Fellow with the Global Governance Programme at the Robert Schuman Centre for Advanced Studies at the European University Institute. She has also lectured in areas of public international law, with a particular focus on human rights, and further, is called to the bar as a barrister and solicitor in Canada.
Richard Collins is a lecturer in law at the University of Sheffield, where he teaches broadly in the areas of public law and international law. He has published several works on the law of international organisations, international legal history and theory, as well as the recent interest in the idea of international constitutionalism. His 2009 article in the /Leiden Journal of International Law/, ‘Constitutionalism as Liberal-Juridical Consciousness: Echoes from International Law’s Past’ was recently awarded the Journal’s /Hugo Grotius Prize/. His presentation at the ILA is based upon research for a forthcoming monograph to be published with Hart.
Theodore Christakis is Professor of International Law the Faculty of Law, University of Grenobles Alpes, where he is also Director of the Centre for International Security and European Studies and of the Masters degree in International and European Law. He is a member of the Editorial Board of the Leiden Journal of International law, member of the Executive Council and Treasurer of the French Society for International Law, and director of the European Society of International Law interest group on Peace and Security. He has appeared as counsel in national and international (International Court of Justice) litigation. During the last three years, he has been invited to teach as visiting professor/fellow at the Australian National University, Kobe University and has been Director of Studies at the Hague Academy of International Law.
Sophia Dawkins is a political scientist and conflict resolution practitioner. Her work focusses on South Sudan, where she provides impartial policy assistance on inclusive governance choices that can enhance prospects for peace. She holds a B.A. in Philosophy, Politics and Economics from Oxford University and an M.A. in International Affairs from the Fletcher School of Law and Diplomacy, Tufts University.
Bart Smit Duijzentkunst is a PhD Candidate and WM Tapp Scholar at Gonville and Caius College, University of Cambridge. He currently serves as Editor-in-Chief of the Cambridge Journal of International and Comparative Law. Prior to coming to Cambridge, Bart worked as an Associate Legal Officer at the Codification Division of the United Nations Office of Legal Affairs in New York.
Alison Duxbury is an Associate Professor at the Melbourne Law School and an Associate Director of the Asia Pacific Centre for Military Law. She is also a member of the International Advisory Commission of the Commonwealth Human Rights Initiative, the Australian Red Cross International Humanitarian Law Committee (Vic Division) and the Board of Directors of the International Society for Military Law and the Law of War. Alison has been a Visiting Fellow at the Institute of Commonwealth Studies at the University of London and the Lauterpacht Centre for International Law at the University of Cambridge and has also taught at the Centre for Transnational Legal Studies in London. She is the author of the book, The Participation of States in International Organisations: The Role of Human Rights and Democracy (CUP, 2011) and the Oxford Bibliographies in International Law entry, ‘International Organisations’ (OUP, 2012).
Donald M. Ferencz is Visiting Professor at Middlesex University Law School and Executive Director of The Planethood Foundation, and Convenor of the Global Institute for the Prevention of Aggression. He was born in Nuremberg, Germany, where his father, Ben Ferencz, had served as the Chief Prosecutor in the Einsatzgruppen. In 1996, he and his father established The Planethood Foundation, a private foundation “educating to replace the law of force with the force of law.”. He was part of the NGO delegation to the ICC Assembly of States Parties Working Group on the Crime of Aggression (including attending the recent ICC review conference in Kampala, Uganda), and is leader of the Global Institute for the Prevention of Aggression.
David P. Fidler is the James Louis Calamaras Professor of Law at the Indiana University Maurer School of Law. He is also a Fellow at the Indiana University Center on Applied Cybersecurity Research. He has published and lectured extensively on international law, cyberspace, and cybersecurity, and he teaches, among other things, Cybersecurity Law & Policy: Crime, Terrorism, Espionage & War in Cyberspace. He holds two degrees from the University of Oxford (M.Phil. in International Relations (St. Antony’s) and B.C.L. (Wadham) and a J.D. from Harvard Law School.
THE CHANGING FACE OF GLOBAL GOVERNANCE 7
Speakers
Mary E Footer is Professor of International Economic Law at the University of Nottingham, having previously taught at the University of Amsterdam, the Erasmus University Rotterdam and University College London. Previously she was a Senior Program Legal Counsel at the Rome-based, International Development Law Organization (1995-1999). She has been a Fernand Braudel Senior Visiting Fellow at the European University Institute, Florence (2010) and was the first Fellow in Public International Law at the British Institute of International and Comparative Law (1992-1994). She is an Executive Board Member of the European Society of International Law, a member of the Executive Council of the ILA British Branch, and of the ILA Committee on International Trade Law. Professor Footer has published widely on GATT/WTO matters, trade and investment, law and economic development; she is author of An Institutional and Normative Analysis of the World Trade Organization (2006).
Richard Gardiner practised as a barrister and was then a legal adviser at the Foreign and Commonwealth Office for some twelve years. For the next two decades he was a member of the Faculty of Laws at University College London where he is now a Visiting Professor. He is the author of International Law (Pearson/Longman, 2003) and Treaty Interpretation (OUP, 2008, and 2010 paperback).
Christoph Good studied law and obtained his PhD from the University of St. Gallen writing on the idea of human rights and humanitarian law in the work of Emer de Vattel. Currently he is a Senior Research Fellow at the University of Zurich Center for Human Rights (UZHR).In addition to his work at UZHR, he is lecturer in legal history at the University of Lucerne.
Guy S. Goodwin Gill is Senior Research Fellow at All Souls College, Oxford and Professor of International Refugee Law. He was formerly Professor of Asylum Law at the University of Amsterdam, and served as a Legal Adviser in the Office of United Nations High Commissioner for Refugees (UNHCR) from 1976-1988. He practises as a Barrister from Blackstone Chambers, London, and he has written extensively on refugees, migration, international organizations, elections, democratization, and child soldiers; Recent publications include/ The Refugee in International Law/, (OUP, 2007), 3rd edn. with Dr Jane McAdam; /Free and Fair Elections/, (Inter-Parliamentary Union, 2nd edn., 2006); /Basic Documents on Human Rights/, (OUP, 2006), 5th edn., with Ian Brownlie, eds.
Edward Kwakwa is Legal Counsel at the World Intellectual Property Organization (WIPO) in Geneva. Before joining WIPO, Kwakwa practiced corporate and international trade law and investment with the law firm of O’Melveny and Myers in Washington, D.C., worked as International Legal Adviser at the Commission on Global Governance in Geneva, as Senior Legal Adviser at the Office of the United Nations High Commissioner for Refugees, and as Legal Affairs Officer at the World Trade Organization. He is an Associate Member of the Institut de Droit International, a Counsellor of the American Society of International Law, the Vice President of the African Foundation for International Law and a Member of the Governing Council of Africa Legal Aid. He is also Adjunct Professor of Law at the Graduate Institute of International and Development Studies, Geneva, and Extraordinary Professor of law at the University of Pretoria.
Alice Lacourt is a Legal Counsellor in the Legal Directorate of the Foreign and Commonwealth Office. Co-leader of the International Institutions and Security Policy Team, Alice oversees legal advice on sanctions, war crimes and conflict issues. She joined the FCO in 1994 and was posted as First Secretary (Legal) at the UK Mission to the UN in New York from 2000 – 2003.
Charles Chernor Jalloh is an Assistant Professor at the University of Pittsburgh School of Law, Pennsylvania, USA. A member of the Ontario Bar, he has been a Legal Counsel in the Crimes Against Humanity and War Crimes Section, Canadian Department of Justice. He was formerly the Legal Advisor to the Office of the Principal Defender in the Special Court for Sierra Leone, where he was interim court-appointed duty counsel to former Liberian President Charles Taylor; an Associate Legal Officer at the UN International Criminal Tribunal for Rwanda and a Visiting Professional at the International Criminal Court. He is an active member of the international criminal bar serving, inter alia, on the Advisory Panel to the President of the International Criminal Tribunal for the Former Yugoslavia and the Advisory Board of the War Crimes Committee, International Bar Association.
Giedre Jokubauskaite is a PhD candidate at the University of Edinburgh and she has previously studied Masters in international law in Switzerland and Lithuania. Her research focuses on the role of the non-state actors in public international law, in particular the linkage between the sub-state communities and international institutions. Giedre worked with numerous advocacy organizations and trade unions in Central and Eastern Europe and Africa and has an extensive field experience over the issues of public financing and the distribution of development aid.
THE CHANGING FACE OF GLOBAL GOVERNANCE 8
Nico Krisch is a Professor of International Law at the Hertie School of Governance and an ICREA Research Professor at the Institut Barcelona d’Estudis Internacionals. Previously, he was a Visiting Professor of Law at Harvard Law School, a Senior Lecturer at the London School of Economics and a postdoctoral fellow at Merton College (Oxford) and New York University School of Law. Nico Krisch holds a Ph.D. in law from the University of Heidelberg and a Diploma of European Law of the Academy of European Law in Florence, Italy. He is the author of Selbstverteidigung und kollektive Sicherheit (Self-defense and Collective Security, 2001) and of articles on the UN, hegemony in international law, and the legal order of global governance. His most recent book, Beyond Constitutionalism: The Pluralist Structure of Postnational Law (2010), was awarded the 2012 Certificate of Merit of the American Society of International Law.
Sotirios-Ioannis Lekkas is a researcher at the British Institute of International and Comparative Law and at University College London. He is also an advocate with the Athens Bar in Greece. He has studied law at UCL, the University of Athens and HU-Berlin. After graduating top of his class from the postgraduate programme of the Department of International Studies of Athens Law School, he furthered his studies in international law at University College London. For his performance at UCL he received the Cheng Chang-Nan Prize in International Law.
Gregory Messenger is a Junior Research Fellow in Law at The Queen’s College where he completed his DPhil and BCL degrees. He read law as an undergraduate at the University of Edinburgh with a year at the University of Granada and has taught at the Universities of Oxford and Durham. His research interests are principally in public international law, international economic law and trade-related aspects of US and EU constitutional law
Jed Odermatt has an LLM in International and European Law from Tilburg University, the Netherlands and an LLB from Flinders University, Australia. He is currently a research fellow at the Leuven Centre for Global Governance Studies and the Institute for International Law, University of Leuven. His research interests include Public International Law and the Law of International Organizations, with a particular focus on the role of the EU in the international legal order.
Efthymios Papastavridis is Part-time Lecturer, University of Thrace and Research Fellow at the Academy of Athens. He is also a post-doctoral researcher In Public International Law at the National and “Kapodistrian” University of Athens where he is working on “Irregular Migration through the Mediterranean Sea: Obligations of States under International and European Law.
Peter Quayle is principal counsel to the European Bank for Reconstruction and Development. He specialises in public international law, international administrative law and litigation. Between 2004 and 2012 he was legal advisor to the Office of Foreign Litigation, Civil Division European Office, of the US Department of Justice, based in London. He was educated at New College, Oxford (MA, Modern History) and University College London (LL.M). He is a solicitor, trained at Norton Rose and qualified in 2001. He is an adjunct professor at the University of Notre Dame, London Law Center.
Isobel Roelle is a lecturer at Cardiff Law School, where she works on international law theory and collective security law. Prior to that she completed a doctorate at the University of Nottingham (2009). Her thesis was about the self-defence in international law, considering whether, and under what conditions, a valid use of the justification of self-defence could be distinguished from a pretextual one.
Eliza Ruozzi is a researcher in international law at the University of Turin.
THE CHANGING FACE OF GLOBAL GOVERNANCE 9
Katja Samuel is a barrister, and lecturer at Reading University, UK who specializes in rule of law and security issues, particularly counter-terrorism and international human rights. Her research interests also include the influences of Islamic law and the Organization of Islamic Cooperation on international law-making, due to be published in KLH Samuel, The OIC, the UN, and Counter-Terrorism Law-Making: Conflicting or Cooperative Legal Orders (Hart, 2013, forthcoming). Between 2008 and 2012 she was the project manager and co-director of a multinational, multidisciplinary collaborative rule of law and terrorism research project under the World Justice Project located at Nottingham University. Previously, she served for 12 years in the UK Royal Navy, including as a legal adviser.
Dan Sarooshi is Professor of Public International Law in the University of Oxford; a Senior Research Fellow of the Queen’s College, Oxford; and a practising Barrister at Essex Court Chambers, London from where he advises and represents governments, international organizations, and corporations. He has advised international organizations on a wide range of institutional matters. His books include International Organizations and Their Exercise of Sovereign Powers (2005) (OUP), and The UN and the Development of Collective Security (1999) (OUP). These books were awarded the 2001 and the 2006 American Society of International Law Book Prizes, the 2006 Myres S. McDougal Prize by the American Society for the Policy Sciences, and the 1999 Guggenheim Prize by the Swiss Guggenheim Foundation.
Antoine Schnegg is a PhD candidate at the Institute of International Law at the University of Zurich and he focusses his research on international investment law. He holds a master’s degree from the University of Zurich and an LL.M. from the Leiden University.
Yoshinobu Takei is Research Associate at the Walther Schücking Institute for International Law, University of Kiel, currently engaged in a post-doctoral research project entitled “Tools and Steps for the Reform of Ocean Governance: Legal and Institutional Aspects” within the framework of the Cluster of Excellence “The Future Ocean”. Prior to holding his current position, he was Research Associate at the Netherlands Institute for the Law of the Sea, Utrecht University, and Research Fellow at the Ocean Policy Research Foundation of Japan. He received his Ph.D. from Utrecht University in 2008. He has conducted research on various issues in the law of the sea and ocean policy, including high seas fisheries, integrated management of the oceans and seas, international submarine cables and Arctic Ocean governance.
Ingo Venzke is a Senior Research Fellow and Lecturer at the Amsterdam Center for International Law, University of Amsterdam. Previously, he was a Hauser Research Scholar at New York University, affiliated with the Institute for International Law and Justice, and a Visiting Scholar at the Cegla Center for the Interdisciplinary Research of the Law, Tel Aviv University. Ingo wrote his PhD at the University of Frankfurt while working as a Research Fellow at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg. His doctorate is now published as How Interpretation Makes International Law: On Semantic Change and Normative Twists (OUP 2012). Ingo’s research at the moment focuses on the many roles that international courts play in global governance.
Nikolaos Voulgaris is a PhD Candidate at the Kings College London. He graduated from the National and Kapodistrian Univerist of Ahthens in 2009 (ranked 1st in his year), and with a Distinction on the LLM at Kings College College London (2012).
Chanaka Wickremasinghe is a Legal Counsellor in the Legal Directorate of the Foreign and Commonwealth Office. He leads the General Law Team covering a range of issues of international and domestic law, including advising on issues concerning diplomatic relations and relations with international organisations which have their headquarters in the UK. He has served at the UK Mission to the UN in New York as First Secretary (Legal) and also on temporary duty as Relex Counsellor at the UK Representation to the EU in Brussels. Prior to joining the FCO he was a Lecturer at Bristol University, and prior to that he was a Research Officer at the British Institute of International and Comparative Law.
Jan Wouters is full Professor of International Law and International Organizations, Jean Monnet Chair ad personam EU and Global Governance and Director of the Leuven Centre for Global Governance Studies and Institute for International Law at the University of Leuven (KU Leuven). He is also a Visiting Professor at Sciences Po (Paris) and the College of Europe (Bruges). As a Visiting Professor, he also teaches in the Master of Laws in International Economic Law (IELPO) at the University of Barcelona and in the European Master’s in Human Rights and Democratisation (EMA, Venice). He is President of the Flemish Foreign Affairs Council, which advises the Flemish Government, and practises law as Of Counsel at Linklaters, Brussels. He is Member of the Royal Flemish Academy of Belgium for Sciences and Arts.
THE CHANGING FACE OF GLOBAL GOVERNANCE 10
Public International Law @ Oxford More details on the history of INTERNATIONAL LAW IN OXFORD: PAST AND PRESENT international law in Oxford can be found at he Oxford Law Faculty has been a major centre for the International Law in Oxford benefits from deep www.law.ox.ac.uk/them es/ study of international law for over 400 years. Although connections with scholarship and teaching in other pil/vaughan_lowe_ the Chichele Professorship of International Law was allied fields in the Faculty of Law, including human inaugural.php only established in 1859, the teaching of international law in rights law, environmental law, and legal philosophy. Oxford dates back at least to 1587 when Alberico Gentili, the The Institute for European and Comparative Law leading international law scholar and practitioner of his day, was provides an institutional support for connections with appointed Regius Professor of Civil Law in Oxford. Previous comparative law and European law. holders of the Chichele Professorship of International Law include: Professor Vaughan Lowe QC, Professor Sir Ian Brownlie The study of international law also has a central role in research QC, Professor D.P. O’Connell, Professor Sir Humphrey Waldock programmes and graduate courses in other Centres and Institutes QC and Professor James Brierly. across the University: in particular, the Refugee Studies Centre,
T
Today, Oxford has a distinguished group of international law scholars who research and teach across a diverse range of public international law areas. Although there continues to be emphasis on the study of general international law (the fundamental principles which underpin the international legal system), the teaching and research of international law in Oxford allows for specialisation in particular areas of international law.
!
NE W SITE WEB
the Oxford Institute for Ethics, Law and Armed Conflict, the Environmental Change Institute, and the Smith School of Enterprise and the Environment. In addition, the University is a major centre for the study of international relations, and international lawyers within the Faculty of Law work with colleagues in the Department of Politics and International Relations and with the University’s new Blavatnik School of Government, to enhance the connections with scholarship in public policy and international relations.
KEEP UP TO DATE WITH NEWS AND EVENTS BY VISITING OUR NEW WEBSITE: WWW.LAW.OX.AC.UK/THEMES/PIL/INDEX.PHP
THE CHANGING FACE OF GLOBAL GOVERNANCE 11 COVER IMAGE © TROMBAX | DREAMSTIME.COM. DESIGN: WWW.CATHERINECHARNOCK.CO.UK
Oxford Scholarly Authorities on International Law Launching in 2013! Oxford’s unrivalled reference works available online
Contains access to the Oxford Law Citator, bringing you one step closer to the perfect research solution
Need full-text access to market-leading reference works and treatises? With integrated access across our international law services, Oxford Scholarly Authorities on International Law enables you to find all of Oxford’s relevant commentary, analysis, and materials in a single search. Users Can: • Browse titles by author and contributor, title, and subject • Search full-text of every title, or search within individual titles • Move between these references and case reports as well as further commentary and analysis • Rely on the latest content with new titles added twice a year
www.scholarlyauthorities.com
T tri o s i Ox al, gn fo ple up Pr rd ase for es Un v a s iv isi fr st e t ee an rs th d ity e
Oxford Scholarly Authorities on International Law brings a major new dimension to our offerings for scholars and practitioners working in public international law. Oxford Scholarly Authorities on International Law contains full-text online editions of market-leading reference works and treatises published by Oxford University Press, such as Oppenheim, and the Oxford Commentaries on International Law. All titles are fully searchable and browsable by subject matter, title, and author, and are linked, via the Oxford Law Citator, to relevant case reports and articles of the Max Planck Encyclopedia of Public International Law and Oxford Reports on International Law.