American Society of International Law. Proceedings of the Annual Meeting back issues from January 2005:
AN INTRODUCTION: NEW WORLD ORDER OR A WORLD IN DISORDER? TESTING THE LIMITS OF INTERNATIONAL LAW
Jan 01, 2005; ... The theme for the 99th Annual Meeting embraced the polarity of views concerning the current state of international law and its role in shaping world society in the future. Our objective for this year's theme was to stimulate debate on the many pressing issues facing the international community ...
STATE BUILDING I: ISSUES OF CHOICE, CREATION, AND LEGAL JUSTIFICATION
Jan 01, 2005; ... This is the first of two panels addressing whether state-building is in need of rebuilding. It is. Our panel's focus will be the macro perspective on pre-establishment issues. The other panel will deal primarily with the ensuing micromanagement issues arising after an international community has ...
THREATS, CHALLENGES, AND CHANGE: THE SECRETARY-GENERAL'S HIGH-LEVEL PANEL
Jan 01, 2005; ... by Ian Johnstone UN reform is said to be like the weather: everyone talks about it, but no one can do anything about it. What are the prospects for meaningful reform in the wake of the High-Level Panel on Threats, Challenges, and Change established by UN secretary-General Kofi Annan ...
VOICES FROM THE OUTSIDE: SOVEREIGN EQUALITY, INTERNATIONAL LAW, AND THE IMBALANCE OF POWER
Jan 01, 2005; ... The point is often made that in international law in general, and American Society of International Law conferences in particular, the dominant voices are those of the United States and the larger European countries. While these states are often considered the most powerful in the world, in ...
SEVENTH ANNUAL GROTIUS LECTURE
Jan 01, 2005; ... INTERNATIONAL LAW-THE IMPACT ON NATIONAL CONSTITUTIONS "The opinion of the world community, while not controlling our outcome, does provide respected and significant confirmation for our own conclusions." Justice Kennedy, for the Court, in Roper v. Simmons, 125 5.Ct. 7783, 7200 ...
INTERNATIONAL CLAIMS LITIGATION I: IS ROUGH JUSTICE TOO ROUGH?
Jan 01, 2005; ... This panel was organized to address some of the situations in which international mechanisms have been established, both on an ad hoc basis and on an institutional basis, to address international claims-especially in postconflict situations. The jurisdiction, authority, and purposes of these ...
COMBATING TERRORIST USES OF THE INTERNET
Jan 01, 2005; ... Although there has been a significant amount of work done internationally on the legal issues and regimes established to deal with cybercrime, less work has been done on legal issues surrounding the direct use of the Internet by terrorists and terrorist groups to conduct business, attract ...
PRESIDENTIAL ADDRESS
Jan 01, 2005; ... AN AMERICAN SOCIETY FOR INTERNATIONAL LAW My topic today is "An American Society FOR International Law." Earlier this year, ASIL Executive Director Charlotte Ku and I met with academic and practitioner members of the Society in the San Francisco Bay area to discuss what we could do to ...
ALTERNATIVE PERSPECTIVES ON THE INDEPENDENCE OF INTERNATIONAL COURTS
Jan 01, 2005; ... The panel was convened at 12:30 p.m., Friday, March 31, by its chair, Richard H. Steinberg of the University of California at Los Angeles School of Law, who introduced the panelists: Eric A. Posner of The University of Chicago School of Law; Heiner Schulz of The University of Pennsylvania ...
DOMESTIC AND INTERNATIONAL DEVELOPMENTS RELATING TO THE DEATH PENALTY
Jan 01, 2005; ... In recent years, international law has played an increasingly prominent role in the development of death penalty jurisprudence in both domestic and international tribunals. In the United States, the citation of foreign jurisprudence by the Supreme Court in Roper v. Simmons and Atkins v ....
THE "NEW" REGIME OF FOREIGN DIRECT INVESTMENT
Jan 01, 2005; ... INVESTMENT TREATY ARBITRATION: THE BIG BANG In 1978, Professor Richard Lillich presented a lecture at The Hague Academy of International Law. Professor Lillich was a specialist in international claims law-the field concerning claims against states for injury to private individuals and ...
STATE-BUILDING II: ISSUES OF DESIGN AND IMPLEMENTATION
Jan 01, 2005; ... STATE-BUILDING AND THE POLITICAL TRANSITION AFTER CONFLICT State-building after conflict must ensure a successful political transition, which requires both the cessation of the conflict and the establishment of a democratic state. These are important, and at times contradictory, aims. As ...
EXECUTIVE POWER IN WARTIME
Jan 01, 2005; ... The topic for this panel is executive power in wartime. The central question the panelists will address is whether the President, as commander in chief, has the constitutional power to authorize violations of the international legal rules regulating the conduct of warfare (jus in bello). There ...
THE ADMINISTRATIVE LAW FRONTIER IN GLOBAL GOVERNANCE
Jan 01, 2005; ... This paper argues in part I that a body of global administrative law is under construction, and that this growing body of law is better analyzed as part of the new jus gentium rather than being analyzed simply under the traditional international law model of jus inter gentes. In part II it is ...
IS THERE A ROLE FOR INTERNATIONAL LAW IN THE MIDDLE EAST PEACE PROCESS?
Jan 01, 2005; ... International law has played a significant role in the Middle East throughout its modern history. As early as 1947, the General Assembly of the United Nations adopted a resolution on the partition of Palestine into two independent States, one Arab and one Jewish, thus paving the way for the ...
INTERNATIONAL COALITIONS OF THE WILLING
Jan 01, 2005; ... I would like to suggest a hypothesis to introduce this morning's session. Developments in the international legal system are of two basic types: there are those developments the significance of which is immediately apparent and that become the subject of extensive commentary and discussion by ...
UNIVERSAL CIVIL JURISDICTION-THE NEXT FRONTIER?
Jan 01, 2005; ... The principle of universal jurisdiction allows a state to exercise jurisdiction over a limited category of cases when the state has no connection by territory, nationality, or protection with the parties or the conduct in a particular case. Universal jurisdiction was originally exercised over ...
EVIDENCE FROM TORTURE: DILEMMAS FOR INTERNATIONAL AND DOMESTIC LAW
Jan 01, 2005; ... After September 11, 2001 (9/11), torture has become not only thinkable, but even doable as part of the U.S. "war on terrorism." Detainees and witnesses like the Red Cross, the FBI, military observers, and the CIA have reported widespread abuse, humiliation, and even torture of those from whom ...
GLOBALIZATION, DEVELOPMENT, AND INTELLECTUAL PROPERTY: NEW CHALLENGES AND NEW OPPORTUNITIES
Jan 01, 2005; ... Intellectual property, for much of its history a public policy little known outside the small group of specialists responsible for its supervision or engaged in its practice, is in the eye of the storm of policy discussion at the international level surrounding the present wave of globalization ....
WTO APPELLATE BODY ROUNDTABLE*
Jan 01, 2005; ... Sponsored by Baker & Hosteller LLP Moderator: Steve Charnovitz, George Washington University Law School Commentators: John H. Jackson, Georgetown University Law Center; Cherie O. Taylor, South Texas College of Law Former WTO Appellate Body Members: James Bacchus, ...
FOREIGN LEGAL ADVISORS' ROUNDTABLE
Jan 01, 2005; ... The panel was convened by chair Michael P. Scharf, professor, Case Western Reserve University School of Law. Panelists were Conrad Harper, former legal adviser of the U.S. Department of State; Sir Franklin Berman, former legal advisor to the Foreign and Commonwealth Office in the United Kingdom; ...
INTERNATIONAL LAW IN TIMES OF EMPIRE
Jan 01, 2005; ... INTERNATIONAL LAW AND UNIVERSAL EMPIRE: A VIEW FROM THE ECHTEENTH CENTURY We are invited to reflect on the relationship between law and empire, and in particular on whether the tradition of international law teaches any broad lessons applicable to the present day. I come before you as a ...
INTERNATIONAL CLAIMS LITIGATION II: A CASE STUDY ON THE UNCC
Jan 01, 2005; ... At a time when the United Nations and its initiatives have come under intense criticism, one UN institution stands out as a remarkable success in many ways. This year marks the concluding phase of the operations of the UN Compensation Commission (UNCC), a claims compensation body remarkable in ...
KEYNOTE ADDRESS PROGRAM
Jan 01, 2005; ... Thank you very much, President Carter, for that gracious introduction. I'd like to thank the Executive Director, Charlotte Ku, Madame Justice, ASIL members, and guests from across the globe. Now I have to take a moment of personal privilege because while I would very much like to follow in the ...
DOES CUSTOMARY HUMANITARIAN LAW CONTRIBUTE TO ORDER OR DISORDER IN THE REGULATION OF MODERN-DAY CONFLICTS?
Jan 01, 2005; ... LAW AND WAR: A SINISTER PARTNERSHIP I should start by making it absolutely clear that I am not intending in any way to disparage the work of the International Committee of the Red Cross (ICRC) over the last 140 years-or, indeed, the beneficial effects of the Geneva Conventions. A ...
IMMUNITY AND ACCOUNTABILITY: IS THE BALANCE SHIFTING?
Jan 01, 2005; ... The accountability of states and state actors on the international scene is on a forward inarch. The fora in which this development is playing itself out are multiple: national courts of the state actor, national courts of other states, international tribunals of a more or less public law ...
PROTAGONIST OR PAWN? THE PRIVATE CONTRACTOR IN FOREIGN AFFAIRS
Jan 01, 2005; ... The war in Iraq has brought much attention to the roles that the U.S. government is having contractors play in Iraq, in the war effort itself and in the reconstruction efforts. Some critics have called the Iraq reconstruction effort "outsourced nation building." Using contractors in this ...
TORTURE, VIOLENCE, AND THE GLOBAL WAR ON TERROR
Jan 01, 2005; ... In any normal time, one would think that the membership of the Society would not require a lecture on torture any more than it would require a lecture on rape or ethnic cleansing. Yet, since the terrorist attacks of September 11, 2001, senior U.S. officials have justified the adoption of ...
STUDY ON CUSTOMARY INTERNATIONAL HUMANITARIAN LAW
Jan 01, 2005; ... INTRODUCTION The purpose of the study on customary international humanitarian law1 was to overcome some of the problems related to the application of international humanitarian treaty law. Treaty law is well developed and covers many aspects of warfare, affording protection to a range of ...
FORTY-SIXTH PHILIP C. JESSUP INTERNATIONAL LAW MOOT COURT COMPETITION
Jan 01, 2005; ... THE case CONCERNING THE VESSEL THE MAIRI MARU The 2005 Philip C. Jessup International Law Moot Court Competition presented competitors with a set of facts concerning state liability for piracy and for environmental damage on the high seas. The problem was titled ' 'The case ...
LATE-BREAKING ISSUES AND THE INTERNATIONAL CRIMINAL TRIBUNALS
Jan 01, 2005; ... In the decade since international criminal tribunals emerged from the United Nations security Council, becoming political actors in their own right and genuine subjects of international legal scholarship, they have passed a number of political and jurisprudential landmarks. Our objective is to ...
THE CHAMELEON OF CORPORATE SOCIAL RESPONSIBILITY: CHANGING SHAPES AND CHALLENGES
Jan 01, 2005; ... THE EMERGENCE OF INDEPENDENT ADVISORY PANELS This panel addresses how to hold multinational corporations accountable for their actions worldwide. Each panelist brings a different perspective to the discussion. A number of institutions and mechanisms have been developed to hold ...
IN MEMORIAM: SIR ROBERT JENNINGS
Jan 01, 2005; ... Meetings of the American Society are among the most stimulating events on the international lawyer's calendar. In all the brilliance of the gathering, one sees much of the intellectual sparkle of the subject and a good deal of the steely sharpness of the finest legal analysis; but one has less ...
LEGAL ETHICS AND THE WAR ON TERROR: THE ROLE OF THE GOVERNMENT LAWYER
Jan 01, 2005; ... ETHICS, LAWYERS, AND THE TORTURE MEMORANDA In this group of presenters, I am the only one who is not and never has been a government lawyer. I am the outsider. I see my role this afternoon as a difficult one-as a provocateur. So let me say at the outset that I respect those who serve in ...
WEAPONS OF MASS DESTRUCTION, INTERNATIONAL INSTITUTIONS, AND WORLD ORDER
Jan 01, 2005; ... MODERATOR: Good afternoon. My name is Tony Perez. I will moderate this debate between Steve Rademaker, currently Assistant secretary of State, and Rose Gottemoeller, formerly Assistant secretary of Energy in the Clinton administration, concerning the Bush administration's ...
THE EUROPEAN UNION'S NEW AMBITIONS
Jan 01, 2005; ... For those interested in the evolution of international organizations as well as great-power politics, this is a very special moment. The European Union is developing into an entity of a kind not seen before. International law, as well as international diplomacy, faces a major challenge: How to ...
TRAFFICKING IN HUMANS
Jan 01, 2005; ... Over the last decade, the issue of human trafficking has moved from the margins to the mainstream of international legal and political discourse. In this panel, trafficking is understood to be the movement of people, through coercion or deception, for the purpose of putting them into ...
SOVEREIGNTY: ESSENTIAL, VARIEGATED, OR IRRELEVANT?
Jan 01, 2005; ... Moderating a discussion of sovereignty at the Annual Meeting of the American Society of International Law is, to put it mildly, a challenge. Open the Encyclopedia of Public International Law and you will find at the beginning of Helmut Steinberger's exhaustive and insightful entry on the subject ...
SOVEREIGNTY AND THE STATE IN ASIA: THE CHALLENGES OF THE EMERGING INTERNATIONAL ORDER
Jan 01, 2005; ... Recent differences of opinion over the Iraq War have highlighted competing perceptions of sovereignty and the state across the globe. These perceptions go beyond policy to encompass basic worldviews. In the human rights debate, questions about sovereignty and the state have long stirred ...
99TH ANNUAL MEETING PROGRAM
Jan 01, 2005; ... THEME STATEMENT: NEW WORLD ORDER OR A WORLD IN DISORDER? TESTING THE LIMITS OF INTERNATIONAL LAW The international legal system today is confronting unprecedented assertions of national authority, growing disparities in wealth and power, and new crises of legitimacy. These challenges ...
ASIL ANNUAL GENERAL MEETING
Jan 01, 2005; ... MARCH 31, 2005 The annual General Meeting was convened at 3:20 p.m. in the Grand Ballroom of the Loews L'Enfant Plaza hotel, after a President's Address by James H. Carter on "The American Society FOR International Law." James Carter presided at the General Meeting. After the ...
IN MEMORIAM: ROBERT ROSENSTOCK
Jan 01, 2005; ... Cantankerous. Irascible. These were words often used to describe Bob Rosenstock. He was a man of strong views and he was always ready to express those views. But underneath, he was such a sympathetic human being. He was open to and ready to understand the point of view of others. And ...
FOREWORD
Jan 01, 2005; ... Each ASIL Annual Meeting stands alone, but each Annual Meeting also builds on the nearly 100-year tradition of ASIL members and colleagues coming together for reflection and debate on the international law issues of the day. The 99th Annual Meeting had the special task of setting the stage for ...