American Society of International Law. Proceedings of the Annual Meeting back issues from January 2002:
An introduction: The legalization of international relations/the internationalization of legal relations
Jan 01, 2002; ... by Roger P. Afford* and Mary Elen O'Connell** The Annual Meeting of the American Society of International Law is always an important gathering in the international legal community. It is a chance for everyone interested in international law to come together to deepen our understanding ...
Fourth annual Grotius lecture
Jan 01, 2002; ... LECTURE COMMENTARY BY ELIZABETH RINDSKOFF PARKER* Let me begin by complimenting Dr. Naim for his thoughtful remarks. I would also like to thank Daniel Bradlow, ASIL President Arthur Rovine, and the American University Washington College of Law for introducing this important discussion ...
Fair and equitable treatment under NAFTA's investment chapter
Jan 01, 2002; ... REMARKS BY CHARLES H. BROWER, II* The program requires us to examine the "legalization of international relations" and the "internationalization of legal relations." Although that mandate suggests the existence of quantifiable trends, one struggles to describe exactly how investment ...
Humanitarian law on the conflict in Afghanistan
Jan 01, 2002; ... REMARKS BY YORAM DINSTEIN* We live in the Age of Terrorism. Of course, acts of terrorism have been perpetrated in the past, at times with devastating consequences. Let us not forget that World War I was triggered by the assassination of the Austrian Archduke Ferdinand in Sarajevo on ...
"Vertical" conflicts between international and national tribunals
Jan 01, 2002; ... PROBLEMS WITH THE CONCEPT OF "VERTICAL CONFLICTS" by A. Mark Weisburd* In this brief discussion, I want to make two points. First, I wish to point up the problematic character of the concept of vertical conflicts between international and national courts. In my view, this phrasing ...
International law and the legal curriculum
Jan 01, 2002; ... INTRODUCTORY REMARKS BY CHARLOTTE KU In March 1999, the ASIL Ad Hoc Committee on Effectiveness and Outreach identified the four primary areas of focus in the development of the ASIL outreach program to be the judiciary, the media, law schools, and Congress. Each of these audiences has ...
The UN World Conference Against Racism: A racist anti-racism conference
Jan 01, 2002; ... by Anne Bayefsky* INTRODUCTION The World Conference Against Racism (Conference) became a forum for racism. Human rights was used as a weapon of political interests antithetical to human rights protection. Durban challenged nongovernmental human rights organizations, permitted ...
Ethics and interests
Jan 01, 2002; ... ETHICS AND INTERESTS by Richard Ned Lebow* In the Western world, there is a widely accepted distinction between public and private morality. We consider it wrong to lie yet we smile knowingly when we first hear the old adage that a diplomat is an honest man who lies in the ...
American unilateralism
Jan 01, 2002; ... by Philippe Sands* INTRODUCTION: WHAT A EUROPEAN INTERNATIONAL LAWYER Is EXPECTED TO SAY There will be an expectation that I, as a European international lawyer, though one based in the United Kingdom, shall join enthusiastically in the chorus of criticism against the new ...
"Bombing for peace: Collateral damage and human rights"
Jan 01, 2002; ... INTRODUCTORY REMARKS BY CHRISTINA CERNA* For the past few years the Human Rights Interest Group has presented a panel on a subject that one of its members had worked on during the previous year. This year, we have taken the example from practice rather than from theory. We are looking ...
Update on private international law in the European Union--2001
Jan 01, 2002; ... by Paul Beaumont* and Helena Raulus** EUROPEAN COMMUNITY LEGISLATION During 2001 two instruments relating to judicial cooperation in civil matters in the area of private international law were publicized. The Brussels I Regulation on Jurisdiction and Recognition and Enforcement ...
Biotechnology, human rights, and intellectual property
Jan 01, 2002; ... The panel was convened at 12:30 P.M., Thursday, March 14, by its co-chairs, Allyn L. Taylor and Frederick Abbott, of Florida State University College of Law. Allyn Taylor introduced the panelists: George P. Smith, Catholic University School of Law, and Jensine Andresen, Boston University ....
Human rights, terrorism, and trade
Jan 01, 2002; ... REMARKS BY FREDERICK M. ABBOTT* THE ASIL RESEARCH PROJECT The American Society of International Law Research Project on Human Rights and International Trade (Project) is designed to identify and analyze the relationship between the institutions and rules governing international ...
Peacemaking practices "from the South": Africa's influence
Jan 01, 2002; ... AFRICAN CONTRIBUTIONS TO THE LAW OF PEACEKEEPING by Henty J. Richardson* Since the inception of UN peacekeeping through the Security Council under the Charter, peacekeeping operations have always unfolded amidst tension between legal doctrine and the on-the-ground challenges. The ...
The internationalization of legal relations
Jan 01, 2002; ... by Roger P. Alford* What exactly does it mean to say that "legal relations" are becoming "internationalized"? For me, the concept is in large measure a vertical question: the degree to which international law is affecting (some might say encroaching on) traditional domestic law, ...
"Plaintiff's diplomacy": A review of the issues
Jan 01, 2002; ... by Susan L. Karamanian* The September/October 2000 issue of Foreign Affairs featured an article entitled "Plaintiff's Diplomacy," written by Anne-Marie Slaughter of the Harvard Law School and David Bosco, a third-year student at Harvard Law and co-director of the Harvard Seminar on ...
Presidential panel: The impact of the United States on international law
Jan 01, 2002; ... The panel was convened at 5:30 P.M. on Thursday, March 14 by panel chair and ASIL President Arthur W. Rovine. Panelists were Michael Bothe, professor,J.W. Goethe University; Anthony D'Amato, professor, Northwestern University School of Law; Thomas M. Franck, professor, New York University School ...
The state of state responsibility
Jan 01, 2002; ... REMARKS BY PIERRE KLEIN* A major turning point, 2001 saw the conclusion of more than four decades of work by the UN International Law Commission (ILC) on the law of state responsibility. During its 53rd session, the Commission adopted in second reading a complete set of fifty-five draft ...
The definition of aggression and the ICC
Jan 01, 2002; ... INTRODUCTION by W. Michael Reisman* Until the end of World War II, there was no general prohibition in international law against the waging of war. Because the victors in that awful war appreciated that the modern world could not tolerate such a permissive regime, two ...
International family law
Jan 01, 2002; ... THE INFLUENCE OF INTERNATIONAL CONVENTIONS ON MUNICIPAL ADOPTION LAW: THE DISCLOSURE DEBATE by D. Marianne Blair In the United States, the internationalization of adoption law is most evident in the field of transnational adoption, particularly in light of the pending ...
How are nations behaving?
Jan 01, 2002; ... INTRODUCTORY REMARKS BY LOUIS HENKIN* The title of our panel is a play on the title of my book, How Nations Behave: Law and Foreign Policy.1 The difference-in tense and mood-between the two titles should suggest that the book asserted general principles in the theory of international ...
Great expectations: Where does the proliferation of international dispute resolution tribunals leave international law?
Jan 01, 2002; ... by Lucy Reed* INTRODUCTION In my 2001 Hague Academy Private International Law Lectures, entitled "Mixed Private and Public International Law Solutions to International Crises" (Hague Lectures),1 I focused on my experiences with the public-private institutions of the Iran-- ...
Reconceptualizing international law in the information age: Lexus; olive trees; globalization; Henkin, Jessup, Lachs; Opinio Juris
Jan 01, 2002; ... by John King Gamble* INTRODUCTION Let me explain the title of this lecture. The first part is straightforward enough: Do the changes of the Information Age permit, or even demand, a fundamental rethinking of what international law is and how it operates? The subtitle lists ...
Judicial responses to terror: Issues, problems, and prospects
Jan 01, 2002; ... The panel was convened at 12:30 P.M. on Friday, March 15, by its chair, Jordan J. Paust, Law Foundation Professor, University of Houston Law Center. Professor Paust introduced the panelists: Barry E. Carter, Professor of Law, Georgetown University Law Center; Allan Gerson, Co-Director, George ...
Realism and legalism
Jan 01, 2002; ... The panel was convened at 12:30 P.M., Friday, March 15, by its chair, Richard H. Steinberg, University of California at Los Angeles School of Law, who introduced the panelists: Edwin D. Williamson, Sullivan & Cromwell, Washington, DC; Stephen D. Krasner, Stanford University; Oscar Schachter, ...
The adequacy of international law for arms control, post-September 11
Jan 01, 2002; ... ARMS CONTROL AND NONPROLIFERATION by Antonio F. Perez* Arms control was never an end in itself. Arms control and nonproliferation policy always had as their goals increasing international security. It may be worth recalling that, in response to having it called to his attention ...
Indigenous peoples and the global trade regime
Jan 01, 2002; ... by Russel Lawrence Barsh* In May 2001, a coalition of three U.S. environmental organizations and some of Canada's most outspoken indigenous nations filed a petition with the U.S. Department of Commerce, alleging that Canada is subsidizing its forest products exporters by failing to ...
The legalization of international relations
Jan 01, 2002; ... THE LEGALIZATION OF INTERNATIONAL RELATIONS INTRODUCTION Those of you who attended the panel on "How Are Nations Behaving?" heard Professor Keohane say with great confidence that world politics are legalizing! And during the theme discussion, "The Internationalization of Legal ...
Consular rights and the death penalty after LaGrand
Jan 01, 2002; ... INTRODUCTiON by Joan Fitzpatrick* This panel concerns the Judgment by the International Court of Justice in June 2001 in the LaGrand case (Germany v. United States).' The LaGrand case is significant in many respects; I will briefly mention six: (1) The Judgment ...
AIDS in national and international law
Jan 01, 2002; ... REMARKS BY MARK E. WOJCIK* Since the disease first appeared, more than sixty million persons around the world have been affected by AIDS. It has touched every corner of the globe. It has also touched every area of the law, including public health law, criminal law, family law, ...
Why (not) seek uniform solutions?
Jan 01, 2002; ... REMARKS BY HELEN E. HARTNELL* This panel addresses both sides of the annual meeting theme-the legalization of international relations and the internationalization of legal relations-in the context of private law, which I define broadly to include all rules pertaining to relations ...
Keynote address
Jan 01, 2002; ... by Justice Sandra Day O'Conner* What I wanted to tell you tonight is that I do not deserve to be your speaker. I do not know much about international law. I am just learning; I am trying to learn and I have no words of expertise to give you on that subject. I am here because I think it ...
The role of law and the rule of media and politics in international affairs
Jan 01, 2002; ... THE ROLE OF LAW AND THE RULE OF MEDIA AND POLITICS IN INTERNATIONAL AFFAIRS A REPORT ON THE LATE-BREAKING EVENTS PANEL by Jonathan C. Hamilton* * White & Case, Mexico City. The Late-Breaking Events Panel was convened following the Annual Dinner of the ...
Common but differentiated responsibility
Jan 01, 2002; ... REMARKS BY CHRISTOPHER C. JoYNER This panel deals with the notion of differentiated responsibility and its implications for international environmental law. As you may know, a key principle contained in Articles 3 and 4 of the 1992 UN Framework Convention on Climate Change (FCCC) is ...
The "horizontal" growth of international courts and tribunals: Challenges or opportunites?
Jan 01, 2002; ... The panel was convened at 9:00 A.M., Saturday, March 16, 2002, by its chair, Daryl A. Mundis, Office of the Prosecutor, International Criminal Tribunal for the former Yugoslavia, who introduced the panelists: Jonathan I. Charney, Professor of Law, Vanderbilt University Law School; Richard B ....
Overlegalizing human rights
Jan 01, 2002; ... AN AMERICAN LEGEND: THE OVERLEGALIZATION OF HUMAN RIGHTS by Curtis F. Doebbler* Some international lawyers seem to be busy creating a legend around legalization. This legend, as some United States lawyers recently reminded me, is predicated on the fact that there is just too ...
The international influences on national constitutional law in states in transition
Jan 01, 2002; ... The panel was convened at 9:00 A.M., Saturday, March 16, by its chair, Georg Nolte, University of Gottingen, who introduced the panelists: Giorgio Malinverni, University of Geneva; Jed Rubenfeld, Yale Law School; and Pal Sonnevend, Eotvos-Lorant-University, Budapest. INTRODUCTORY ...
Wrap-up: International law after September 11
Jan 01, 2002; ... INTRODUCTORY REMARKS BY JANE STROMSETH* We are at a moment in history when we are all struggling to hear "the music of the law" (to use Justice O'Connor's phrase) and to draw upon law's best aspirations as we face the enormous challenges of the day. In our wrap-up panel today, ...
96th annual meeting program
Jan 01, 2002; ... THEME STATEMENT: The Legalization of International Relations/The Internationalization of Legal Relations The 2002 Annual Meeting of the American Society of International Law will address the twin themes of the legalization of international relations and the internationalization of legal ...
2002 Philip C. Jessup international law moot court competition
Jan 01, 2002; ... THE CASE CONCERNING REGULATION OF ACCESS TO THE INTERNET The 2002 Philip C. Jessup International Law Moot Court Competition presented competitors with a set of facts concerning the human-rights implications of contentbased restrictions upon access to the Internet, responsibility for ...
In memoriam: A remembrance of Harold K. Jacobson
Jan 01, 2002; ... by Charlotte Ku* Harold Jacobson served as a member of the Board of Editors of the American Journal of International Law for eighteen years-the last six as an Honorary Editor. He was a member of the Society's Executive Council, led an early research and study project on environmental ...