American Society of International Law. Proceedings of the Annual Meeting back issues from January 2004:
AN INTRODUCTION: MAPPING NEW BOUNDARIES: SHIFTING NORMS IN INTERNATIONAL LAW
Jan 01, 2004; ... At the time we developed the theme for the 98th Annual Meeting, in the aftermath of the United States' use of force in Iraq, questions regarding the relevance and stability of international law had become the primary focus of attention in the international community. Yet the changing perceptions ...
SHIFTING NORMS IN INTERNATIONAL HEALTH LAW
Jan 01, 2004; ... The panel was convened at 9:00 A.M., Thursday, April 1, by its chair, Stephen Marks, the François-Xavier Bagnoud Professor of Health and Human Rights, Harvard School of Public Health. Professor Marks introduced the panelists: Scott Barrett, Johns Hopkins University School of Advanced ...
PREVENTING GENOCIDE AND CRIMES AGAINST HUMANITY
Jan 01, 2004; ... I have written and spoken many times about the Rwandan genocide and have proposed policies to prevent genocide and protect its victims. Today I offer a different perspective, in the hope that the ideas might in some small way invigorate the discussion of genocide among activists, scholars, and ...
CHANGING NORMS IN INTERNATIONAL DEVELOPMENT FINANCE
Jan 01, 2004; ... The panel was convened at 10:45 A.M., Thursday, April 1, by its chair, John W. Head, University of Kansas School of Law. THROWING A SPOTLIGHT ON INTERNATIONAL DEVELOPMENT FINANCE INSTITUTIONS by John W. Head" The aim of this panel is to highlight changing norms relating ...
INTELLECTUAL PROPERTY RIGHTS IN GLOBAL TRADE FRAMEWORK: IP TRENDS IN DEVELOPING COUNTRIES
Jan 01, 2004; ... INTRODUCTORY REMARKS BY ELIZABETH CHIEN-HALE* Although it is traditionally a distinctive area of law, legal issues relating to intellectual property rights are increasingly being addressed in the context of international trade. For a number of reasons, including avoiding the potentially ...
JUS IN BELLO: OCCUPATION LAW AND THE WAR IN IRAQ1
Jan 01, 2004; ... The panel was convened at 12:30 P.M. on Thursday, April 1, by its chair, Dennis Mandsager, who introduced the panelists, Josh Dorosin and Jean-Philippe Lavoyer, whose remarks follow, and Ruth Wedgwood, Johns Hopkins University School of Advanced International Studies. The panel was sponsored by ...
PRESIDENTIAL PLENARY PANEL: AN EXCHANGE WITH FORMER LEGAL ADVISORS OF THE U.S. DEPARTMENT OF STATE
Jan 01, 2004; ... The former legal advisers of the State Department convened to discuss their roles as legal advisers and the role of international law in resolving conflicts and crises. Michael Scharf1 introduced the panelists: David Andrews,2 Herbert Hansell,3 Conrad K. Harper,4 Michael Matheson,5 Davis R ....
INTELLIGENCE AND THE USE OF FORCE IN THE WAR ON TERRORISM
Jan 01, 2004; ... REMARKS BY ELIZABETH RINDSKOPF-PARKER* Traditional intelligence, which we could define as information developed through secret processes to address a nation's most profound security concerns, has played a limited and carefully defined role in the formation of national policy and its ...
THE ROLE OF LAW IN COMBATING OFFICIAL CORRUPTION
Jan 01, 2004; ... RECENT U.S. ENFORCEMENT AND EVOLVING INTERNATIONAL STANDARDS The backdrop for discussion at the April 2, 2004, American Society of International Law (ASIL) panel on the Role of Law in Combating Official Corruption was a series of significant international developments and domestic ...
EMPIRICAL WORK IN HUMAN RIGHTS
Jan 01, 2004; ... INTRODUCTORY REMARKS BY STEVEN R. RATNER* International law's relationship with empirical scholarship and studies is fraught with contradictions. On the one hand, as lawyers we know that our discipline is located within the social sciences. We thus crave the real world. Indeed, one of ...
CLIMATE JUSTICE: THE PROSPECTS FOR CLIMATE CHANGE LITIGATION
Jan 01, 2004; ... This panel was convened on Friday, April 2,2004 by the chair, William G.G. Burns, University of Redlands. Panelists were Donald Goldberg, Center for International Environmental Law; Andrew L. Strauss, Widener University School of Law; and Farhana Yamin, Institute of Development Studies, ...
PROTECTION OR CONTROL: REGULATING THE MOVEMENT OF PEOPLE IN A GLOBALIZED WORLD
Jan 01, 2004; ... INTRODUCTORY REMARKS BY KATHLEEN NEWLAND* The three presentations for this panel examine three quite different aspects of the increasing tendency to look at migration policy and practice through a law enforcement rather than a protection lens. The context of the war on terrorism has ...
NEW DIRECTIONS IN INTERNATIONAL ENVIRONMENTAL LAW
Jan 01, 2004; ... INTRODUCTORY REMARKS BY KAL RAUSTIALA* This panel, "New Directions in International Environmental Law," represents an innovation for the ASIL. Panels at the Annual Meeting are generally chosen by the organizing committee and individual panelists by the chair of the panel or the panel ...
KEYNOTE ADDRESS: FOREIGN LEGAL AUTHORITY IN THE FEDERAL COURTS
Jan 01, 2004; ... The subject of my remarks today is the use of foreign legal materials-statutes and judicial opinions-in the opinions of U.S. federal courts. I preface my remarks with the caveat that nothing I say is meant to (nor can I imagine how it possibly could) suggest a view on the outcome of any pending ...
THE BUSH ADMINISTRATION PREEMPTION DOCTRINE AND THE FUTURE OF WORLD ORDER
Jan 01, 2004; ... OPENING REMARKS BY JOHN NORTON MOORE* The normative principles regulating the initiation of coercion, traditionally called jus ad bellum, are among the most important principles in international law. Increasingly, however, these principles are being challenged, and from quite diverse ...
HUMAN RIGHTS AND HUMANITARIAN LAW: ARE THERE SOME INDIVIDUALS BEREFT OF ALL LEGAL PROTECTION?
Jan 01, 2004; ... REMARKS BY LOUISE DOSWALD-BECK* INTRODUCTION For a number of years now there have been debates about the relationship between international humanitarian law and human rights (HR) law, concentrating in particular on the perceived gap in protection during states of emergency in ...
98TH ANNUAL MEETING PROGRAM: THEME STATEMENT: MAPPING NEW BOUNDARIES: SHIFTING NORMS IN INTERNATIONAL LAW
Jan 01, 2004; ... The meaning, impact, and relevance of international law are the focus of public attention as never before. That attention has invited a re-examination of the content and operation of international law, and suggests that international law is in the midst of substantial change. States and ...
ASIL GENERAL MEETING
Jan 01, 2004; ... The annual General Meeting was convened at 2:40 P.M., April 1,2004 in Ballrooms A, B and C of the Loews L'Enfant Plaza hotel in Washington, DC. Anne-Marie Slaughter, president of the Society, presided until late in the meeting, when James Carter succeeded her as president. 1. After the ...
IN MEMORIAM: SEYMOUR J. RUBIN*
Jan 01, 2004; ... We have lost this Society's former executive director and our good friend, Seymour J. Rubin, who died from congestive heart failure and other complications on March 11,2003, at the age of eighty-eight. Alas, I have only a very short time to tell you about Sy's very full life. If I had an ...
SIXTH ANNUAL GROTIUS LECTURE
Jan 01, 2004; ... by Amy Chua* I will start by presenting the main thesis of my book, World on Fire,1 illustrating that thesis with examples from specific countries, from Indonesia to Bolivia to Russia to Sierra Leone. 1 will then shift my attention to how the United States fits into the picture. I will ...
INVESTOR-STATE DISPUTES AND THE DEVELOPMENT OF INTERNATIONAL LAW
Jan 01, 2004; ... THE INFLUENCE OF BILATERAL INVESTMENT TREATIES ON CUSTOMARY INTERNATIONAL LAW by Stephen M. Schwebel* My simple thesis, which I hope that this sophisticated audience will not find simplistic, is this: Customary international law governing the treatment of foreign investment has ...
THE ALIEN TORT CLAIMS ACT UNDER ATTACK
Jan 01, 2004; ... INTRODUCTORY REMARKS BY MARK A. DRUMBL* The Alien Tort Claims Act, or Alien Tort Statute, provides that the district courts shall have original jurisdiction over any private civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United ...
RETHINKING COLLECTIVE ACTION: THE RESPONSIBILITY TO PROTECT AND A DUTY TO PREVENT
Jan 01, 2004; ... INTRODUCTION BY CHARLOTTE Ku* Responding to a question on what is the greatest challenge professors face today in teaching international law, University of New South Wales Senior Lecturer Shirley Scott replied that it was perhaps Iraq. She went on to explain that: Given that ...
THE KURDISH ISSUE AND BEYOND: TERRITORIAL COMMUNITIES RIVALING THE STATE
Jan 01, 2004; ... REMARKS BY SIEGFRIED WIESSNER, CHAIR* Conventional doctrine conceives of the state as the main, if not the sole, actor in the international legal process. Commonly, the state is defined by three or four elements, and its purportedly exclusive attribute is that of sovereignty, popularly ...
CONCEIVING A JUST WORLD UNDER LAW
Jan 01, 2004; ... SUMMARY OF REMARKS BY FREDERIC L. KIRGIS* Anne-Marie Slaughter introduced the discussion by defining a just world under law as one in which international law combines state security with human security. The latter comprises security not only from violence but also from such things as ...
THE JURISDICTION OF THE WORLD TRADE ORGANIZATION
Jan 01, 2004; ... REMARKS BY JOOST PAUWELYN* WTO JURISDICTION IS LIMITED TO TRADE When questioning the jurisdiction of the World Trade Organization (WTO), it is useful to distinguish between, on the one hand, the WTO as an international organization where agreements are made (the WTO as ...
ISLAM AND INTERNATIONAL LAW: TOWARD A POSITIVE MUTUAL ENGAGEMENT TO REALIZE SHARED IDEALS
Jan 01, 2004; ... by Abdullahi Ahmed An-Na'im Muslims constitute about one-fifth of the total world population; they live in every continent and region, though predominantly in Africa and Asia and are the clear majority of the population in forty-four states.1 These facts suggest the reality of linkages ...
ACCOUNTABILITY FOR WAR CRIMES: WHAT ROLES FOR NATIONAL, INTERNATIONAL, AND HYBRID TRIBUNALS?
Jan 01, 2004; ... REMARKS BY LAURA DICKINSON* The issue of accountability for atrocities has been a major source of debate in international human rights and humanitarian law. Over the past fifteen years, we have seen the proliferation of mechanisms used to impose accountability. In the process, at least ...
THE INTERNATIONAL INTELLECTUAL PROPERTY LAW SYSTEM: NEW ACTORS, NEW INSTITUTIONS, NEW SOURCES
Jan 01, 2004; ... by Graeme B. Dinwoodie* It is now ten years since the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement was concluded, subsuming that seemingly comprehensive intellectual property treaty into the institutional apparatus of the World Trade Organization (WTO). For ...
AFRICA: MAPPING NEW BOUNDARIES IN INTERNATIONAL LAW
Jan 01, 2004; ... INTRODUCTION BY JEREMY I. LEVITT* Africa is a market place, not a basket case. African states, intergovernmental organizations, and civil society institutions have contributed to the evolution of the corpus of international law by confirming the existence of norms through formal and ...
IRAQ: ONE YEAR LATER
Jan 01, 2004; ... INTRODUCTORY REMARKS BY MARY ELLEN O'CONNELL* Almost exactly one year ago, during her presidential speech at the 2003 Annual Meeting of the American Society of International Law, Anne-Marie Slaughter spoke of the use efforce that began in Iraq shortly before that Annual Meeting. She ...
MANLEY O. HUDSON MEDAL LECTURE
Jan 01, 2004; ... On Friday, April 2, 2004, to a standing-room-only audience, Professor W. Michael Reisman of the Yale Law School delivered the inaugural Hudson Medal Lecture. INTRODUCTORY REMARKS BY LUCY REED* There could be no better introduction to this lecture than the Honors Committee's ...
DOES INTERNATIONAL LAW MATTER?
Jan 01, 2004; ... REMARKS BY DAVID D. CARON* "Does international law matter?" That such a skeptical question is posed is troubling. The question of whether international law matters echoes older questions we have debated, but it is also new and has a particularly American flavor. It is American both in ...
TREATIES IN U.S. LAW: NEW DEBATES ON OLD IDEAS
Jan 01, 2004; ... INTRODUCTION: (RE)CONSTRUCTING THE TREATY POWER by Duncan B. Hollis* In discussing the role treaties play in the U.S. legal system, one immediately encounters both controversy and confusion. The very title of this panel, "Treaties in U.S. Law: New Debates on Old Ideas," could be ...
WRAP-UP PANEL: A SUMMARY OF REMARKS
Jan 01, 2004; ... by Janet Sarver* * Contract Attorney, Washington, DC. SUMMARY OF INTRODUCTORY REMARKS BY JAMES H. CARTER** Mr. Carter commented on the success of the ASIL meeting, specifically acknowledging the high number of attendees from outside the United States. He reminded us of ...
2004 PHILIP C. JESSUP INTERNATIONAL LAW MOOT COURT COMPETITION
Jan 01, 2004; ... THE CASE CONCERNING THE INTERNATIONAL CRIMINAL COURT The 2004 Philip C. Jessup International Law Moot Court Competition presented competitors with a set of facts concerning the jurisdiction, competence, and procedures of the new International Criminal Court in The Hague. Although the ...
IN MEMORIUM: JOAN FITZPATRICK
Jan 01, 2004; ... The international law community suffered a tremendous loss this past year with the death of Joan Fitzpatrick. Joan was an outstanding scholar, a committed teacher, and a tireless advocate on behalf of human rights victims around the world. She authored or edited six books-including casebooks on ...
IN MEMORIAM: OSCAR SCHACHTER (1915-2003)
Jan 01, 2004; ... The Proceedings of the American Society of International Law record "Schachter, Oscar, Department of State, Washington, D.C." on the membership rolls as early as 1943.1 Just a few years out of Columbia Law School (class of 1939) and then in his twenties, he joined the Society when some of its ...