American Society of International Law. Proceedings of the Annual Meeting back issues from January 2003:
WRAP-UP: INTERNATIONAL LAW-COORDINATION OR CONFLICT?
Jan 01, 2003; ... A PANEL SUMMARY by Teresa A. Bailey* The Wrap-Up Panel was convened by Judith Miller of Williams & Connolly at the conclusion of the Annual Meeting. Ms. Miller noted that the original intent for the panel was to discuss whether fundamental change was needed in international ...
IN MEMORIAM: PAUL C. SZASZ
Jan 01, 2003; ... Paul Szasz (international lawyer and physicist) was a dedicated servant of the United Nations, a wise and careful scholar, a knowledgeable teacher, a generous colleague, and, with his wife Frances, a modest Germantown farmer. He was a dedicated member of the American Society of International Law ...
IN MEMORIAM: VALERIY IVANOVICH KUZNETSOV (1940-2002)
Jan 01, 2003; ... One of Russia's most prominent international lawyers died during the past year. Valeriy Ivanovich Kuznetsov, the head of the chair of international law at the Diplomatic Academy of the Soviet, and then Russian, Ministry of Foreign Affairs, played an active role in a range of UN projects, ...
THE INTERNATIONAL CRIMINAL COURT: THE FIRST YEAR AND FUTURE PROSPECTS
Jan 01, 2003; ... REMARKS BY BENJAMIN B. FERENCZ* The past is prologue. Since Thucydides, the history of conflict has reflected the tension between Power and Reason. In opening the war crimes trials at Nuremberg, Robert Jackson, on leave from the U.S. Supreme Court to serve as Chief Prosecutor for the ...
POLITICS AND LAW IN INTERNATIONAL ADJUDICATION
Jan 01, 2003; ... THE ROLE OF POLITICS IN THE ELECTION AND THE WORK OF JUDGES OF THE INTERNATIONAL COURT OF JUSTICE by Davis R. Robinson* INTRODUCTION Almost twenty years have passed since I served as the Agent of the United States in the Nicaragua Case before the International Court of ...
REGULATING CORPORATIONS: WHO'S MAKING THE RULES?
Jan 01, 2003; ... REMARKS BY HANNAH BUXBAUM* Dean Nye, in his lecture on American power,1 asked us to visualize a three-layered chess game in which geopolitical strategies were played out. Most of the discussions at this meeting have, for obvious reasons, focused on the top board in that game, the one on ...
TEACHING, DECISION-MAKING, AND INTERNATIONAL LAW IN THE TWENTY-FIRST CENTURY
Jan 01, 2003; ... INNOVATIVE WAYS OF TEACHING INTERNATIONAL LAW INTRODUCTION From the day I became a law professor and started teaching international law, I wanted to integrate into the law school curriculum the pedagogical lessons I had learned while working with drafters of constitutions and ...
SOVEREIGN DEBT CRISIS: CREDITOR'S RIGHTS VS. DEVELOPMENT
Jan 01, 2003; ... BEYOND BALANCING THE INTERESTS OF CREDITORS AND DEVELOPING STATES by Anna Gelpern* The title of our panel suggests a rather bipolar view of the sovereign debt predicament: On one side, there are foreign private creditors-a Citibank that made a loan to a developing country or a ...
NAFTA'S INVESTMENT CHAPTER: DYNAMIC LABORATORY, FAILED EXPERIMENTS, AND LESSONS FOR THE FTAA
Jan 01, 2003; ... INTERNATIONAL INVESTMENT AGREEMENTS: BUILDING THE NEW COLONIALISM? by Howard Mann My title ends with a question mark. The original thinking was to present this as a statement: Today's investment agreements are building the next generation of colonial instruments and regimes ....
CONSTRAINTS ON THE WAGING OF WAR: JUS IN BELLO AND THE CHALLENGE OF MODERN CONFLICTS1
Jan 01, 2003; ... The panel was convened at 12:30 P.M. on Friday, April 4, by its chair, Dennis Mandsager, Professor of Law and Chairman, International Law Department, U.S. Naval War College. Professor Mandsager introduced the panelists: Captain Jane Dalton, JAGC, U.S. Navy, Legal Counsel to the Chairman, Joint ...
SAUCE FOR THE GANDER: FOREIGN EXTRATERRITORIAL REGULATION OF U.S. PARTIES
Jan 01, 2003; ... The panel was convened at 9:00 A.M., Saturday, April 5, by its chair, William S. Dodge, Hastings College of the Law, who introduced the panelists: William E. Kovacic, General Counsel, Federal Trade Commission; Ronald S. Katz, Partner, Manatt, Phelps & Phillips; and Gregory Shaffer, ...
SOME REFLECTIONS ON JUSTICE IN A GLOBALIZING WORLD/COMMENT ON HISASHI OWADA'S REFLECTIONS ON JUSTICE IN A GLOBALIZING WORLD
Jan 01, 2003; ... by Judge Hisashi Owada INTRODUCTION No one would disagree that justice is an essential prerequisite for the existence of human society qua society; it is in this sense that the ancient sage stated, " Ubi societas, ibijus." Jus'm this context means something much more than just ...
IS THE INTERNATIONAL TRADE REGIME FAIR TO DEVELOPING STATES?
Jan 01, 2003; ... IS THE WORLD TRADE ORGANIZATION FAIR TO DEVELOPING STATES? by Jeffrey L. Dunoff* Why discuss fairness at the World Trade Organization (WTO) while war rages in Iraq? Because when the shooting stops, we will still inhabit a world where nearly three billion people survive on less ...
AN AMERICAN VISION OF INTERNATIONAL LAW?
Jan 01, 2003; ... by Anne-Marie Slaughter* We live in frightening times, times when many in the world think that the American Society of International Law is an oxymoron. My subject today has been billed as "An American Vision of International Law."Yet many in the world think that vision is of no law at ...
SELF-DEFENSE IN AN AGE OF TERRORISM
Jan 01, 2003; ... INTRODUCTORY REMARKS BY MARK DRUMBL* We will examine the use of military force to respond in self-defense to actual, imminent, anticipated, or potential armed attacks by members of nonstate terrorist groups. Terrorism is a longstanding scourge. It also is a longstanding concern ...
IN MEMORIAM: JONATHAN I. CHARNEY (1943-2002)*
Jan 01, 2003; ... Jonathan I. Charney, co-editor in chief of the American Journal of International Law since 1998, died in Nashville, Tennessee, on September 7, 2002, after a long and courageous battle with cancer, leaving his wife, Sharon, and three children. He was fifty-eight years old. Professor ...
WHY OBEY INTERNATIONAL LAW? THEORIES FOR MANAGING CONFLICTS WITH MUNICIPAL LAW
Jan 01, 2003; ... The panel was convened at 12:30 P.M., Thursday, April 3, by its chair, Brian Lepard, University of Nebraska College of Law, who introduced the panelists: Harold Hongju Koh, the Gerald C. and Bernice Latrobe Smith Professor of International Law at the Yale Law School; Fernando R. Teson, the ...
HUMAN SECURITY: CAN IT BE ATTAINED?
Jan 01, 2003; ... by Louise Doswald-Beck* INTRODUCTION If we speak of human security in the sense that no one will ever be subjected to violence or misery, then the answer to our title question is no. Even in the most stable and human rights-respecting society, there will always be common ...
"RECONCEIVING REALITY": A TEN-YEAR PERSPECTIVE
Jan 01, 2003; ... REMARES BY CHRISTINE CHINKIN* I feel rather as I imagine the Secretariat of one of the UN Global Conferences must feel when trying to decide just what should be put into one of the periodic reviews, such as Vienna + 10 or Beijing + 5. Anniversaries provide an opportunity to review the ...
REFLECTIONS ON THE APPELLATE BODY OF THE WORLD TRADE ORGANIZATION (WTO)/COMMENTS ON DR. CLAUS-DIETER EHLERMANN'S LECTURE
Jan 01, 2003; ... by Claus-Dieter Ehlermann* INTRODUCTION I would like to divide my discussion into two parts. First, I will look back at some of my experiences as a member of the Appellate Body. Then, I will discuss briefly the proposals that the United States and Chile have made recently in the ...
AN IMPERIAL SECURITY COUNCIL? IMPLEMENTING SECURITY COUNCIL RESOLUTIONS 1373 AND 1390
Jan 01, 2003; ... THE SECURITY COUNCIL'S COUNTER-TERRORISM ROLE: CONTINUITY AND INNOVATION by Jane E. Stromseth* The UN Security Council has taken important steps against terrorism since the attacks of September 11, 2001. Some of those steps build on previous Security Council counterterrorism ...
LEGAL RESPONSES TO TERRORISM: SECURITY, PROSECUTION, AND RIGHTS
Jan 01, 2003; ... DETENTION, JUDICIAL REVIEW OF DETENTION, AND DUE PROCESS DURING PROSECUTION by Jordan J. Paust* DETENTION OF PERSONS WHO POSE REAL THREATS TO SECURITY Standards Under Human Rights Law Tests of the propriety of detention under human rights law include standards ...
SHAPING GLOBALIZATION: THE ROLE OF HUMAN RIGHTS
Jan 01, 2003; ... Let me begin by quoting this intellectual challenge to all of us from the economist and Nobel laureate Amartya Sen: "There is a compelling need in the contemporary world to ask questions not only about the economics and politics of globalization, but also about the values and ethics that shape ...
INTERNATIONAL LAW AND SOCIAL MOVEMENTS: TOWARDS TRANSFORMATION
Jan 01, 2003; ... ANALYZING SOCIAL MOVEMENTS AND INTERNATIONAL LAW' by Julie Mertus* This panel considers the relationship between social movements and international law, with specific attention to international human rights law: To what extent do social movements spur international law? To what ...
KEYNOTE ADDRESS
Jan 01, 2003; ... Nearly a century ago twenty-four members of the Mohonk Conference on International Arbitration founded the American Society of International Law. Elihu Root was the Society's first president. Its vice presidents included three members of the Supreme Court-Chief justice Melville Fuller and ...
CAN INTERNATIONAL ORGANIZATIONS BE CONTROLLED? ACCOUNTABILITY AND RESPONSIBILITY
Jan 01, 2003; ... INTERNATIONAL ORGANIZATIONS: ACCOUNTABILITYAND RESPONSIBILITY William E. Holder* INTRODUCTION We have as background the report of the International Law Association's (ILA) Committee on Accountability of International Organizations (2002) and the International Law ...
THE UNITED NATIONS AND ADMINISTRATION OF TERRITORY: LESSONS FROM THE FRONT LINE
Jan 01, 2003; ... THE UNITED NATIONS TRANSITIONAL ADMINISTRATION IN EASTERN SLAVONIA (UNTAES) by Ambassador Jacques-Paul Klein* Security Council resolutions can be vague; they are sometimes worded in a way that makes implementation difficult. Interpretation of mandates can be focused, limited, or ...
PEACEMAKING: THE INTERACTION OF LAW, POLITICS, AND DIPLOMACY/COMMENTS ON SENATOR MITCHELL'S LECTURE
Jan 01, 2003; ... by Senator George J. Mitchell* The law at its best is elegant and orderly. Unfortunately, politics and diplomacy often are neither elegant nor orderly. But out of the conflict and disorder of the political process and its international analogue, diplomacy, can come the necessary ...
INTERNATIONAL LAW STANDARDS FOR DOMESTIC GOVERNANCE
Jan 01, 2003; ... THE IMPACT OF INTERNATIONAL LAW ON DOMESTIC GOVERNANCE by Nancy Boswell INTRODUCTION The topic for discussion is the purported "tendency of international standards to strengthen accountability and improve the performance of governance structures." While it may be too ...
ARBITRATION OF DISPUTES UNDER INCOME TAX TREATIES
Jan 01, 2003; ... A PANEL OVERVIEW On Thursday, April 3,2003, in conjunction with the Annual Meeting of the American Society of International Law in Washington, the International Tax Law Interest Group presented a panel dealing with arbitrating disputes arising under the several thousand bilateral income ...
THE INFORMATION REVOLUTION AND THE PARADOX OF AMERICAN POWER1
Jan 01, 2003; ... A NEW WORLD POLITICS Although it has become common to say that we are in the midst of an "information revolution" at the beginning of the twenty-first century, the effects on states and governments are less commonly understood. Some argue that the information revolution is bringing an ...
THE GLOBAL CONFLICT OVER GENETIC RESOURCES
Jan 01, 2003; ... THE REGIME COMPLEX FOR PLANT GENETIC RESOURCES: AN OVERVIEW by David G. Victor* The subject of plant genetic resources (PGR) provides wonderful illustrations of the general theme for this year's ASIL Annual Meeting: incongruities between existing legal frameworks and new ...
AN INTRODUCTION: CONFLICT AND COORDINATION ACROSS INTERNATIONAL REGIMES
Jan 01, 2003; ... In preparing for the 97th Annual Meeting, we hoped to select a theme that would suggest prescience no matter what the turn of events. We identified "conflict," "coordination," and the "growing estrangement between the United States and Europe" as fertile ground for discussion. At the time, we ...