Newsletter - American Society of International Law

Vol. 33, Issue 3 July/September 2017

Newsletter Multilateralism: The ABC Experience Notes from the President

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his year marks the 20th anniversary of the Organization for Economic Cooperation and Development’s Convention on Combatting Bribery of Foreign Public Officials in International Business Transactions (the “OECD Anti-Bribery Convention” or “Convention”) (and, coincidentally, the 40th anniversary of the U.S. Foreign Corrupt Practices Act (“FCPA”), the world’s first statute to address transnational bribery and corruption).

The OECD Anti-Bribery Convention was not the first international treaty to address the topic of bribery and corruption—or shall I say the first anti-bribery and corruption (“ABC”) treaty—that distinction goes to the 1995 OAS Inter-American Convention Against Corruption, nor is it as universal in its applicability as the subsequent United Nations Convention Against Corruption of 2003 (“UNCAC”). However, in its relatively short life, the Convention has been a highly significant instrument and shows how much progress in tackling an issue can be achieved through thoughtful and strategic multilateralism. In 1988, the United States Congress called on the Executive Branch to negotiate international standards to deal with the issue of transnational official bribery in international business. That effort was stillborn, however, as the world was not ready to tackle the issue. The FCPA, enacted in 1977 in the wake of scandal, criminalized the supply side of transnational official bribery (“TNB”) and stood alone for its first twenty years. But in the aftermath of the collapse of the Soviet Union, the end of the Cold War, and the emergence of democratic governments around the world, the recognition of the damage to democracy, good governance, fair competition, and economic development caused by corruption—particularly in the public sector — increased. Suddenly what had been politically impossible became achievable. By the early 1990s, the OECD had already developed an ABC agenda—tackling the tax deductibility of bribes and, through ministerial declarations and other soft law instruments, using peer pressure to advance it. The Convention represented a more ambitious step—a binding instrument, open to non-OECD countries as well as OECD member states, provided they agreed to join a peer review body, the Working Group on Bribery, as well as adhere to the Convention. U.S. leadership in the negotiation of the Convention was critical to its adoption. The 34 states that signed the Convention in 1997 have today grown to 43 (35 OECD Member States and eight non-Member

INSIDE Tenth IHL Dialogs Proceedings 4 2017 Midyear Meeting 12 2018 Annual Meeting Committee 9 ASIL Members Attend UNCITRAL 4

States). [For an overview of the Convention, see Geoffrey Watson’s Insights article, at https://www.asil.org/Watson.] As a result of the Convention, all of the states parties now criminalize TNB from the supply side and certain related offenses. International cooperation in investigations and enforcement has increased dramatically due to the Convention’s obligations in these areas, and multijurisdictional cases are now common. Although enforcement is still concentrated in a minority of the states’ parties, countries in the developing as well as the developed world are acquiring the capacity to investigate and prosecute this complex crime, as the recent “Car Wash” (Lava Jato) matter in Brazil demonstrates. Peer review has been searching and resulted in countries changing laws, policies, and practices. And the movement has become a global one, with UNCAC—a much broader instrument—having attracted 182 adherents in less than 15 years; new policies and institutional capacities in the international financial institutions, including the World Bank and, more recently, the IMF; and the true advent of international standards in this area. The spillover effects of these developments are manifest in a number of areas, not the least of which are investor-state and international commercial disputes. The Convention—and indeed, the anti-corruption movement in general—shows the importance of a multilateral approach to attacking certain problems. In the global marketplace for trade and investment, where good practice standards and practices can be undermined by competitors not subject to the same requirements or expectations, where the activity is by definition transnational with conduct often implicating multiple jurisdictions, and where the harm is great, multilateral approaches reveal their contributions. Indeed, it is hard to imagine the same level of progress being achieved in an equivalent time period if bilateralism were to have been the chosen approach. —continued on page 6

Leveraging Our Leadership, Maximizing Our Impact Notes from the Executive Director

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he strategic plan adopted by the Executive Council last November seeks to leverage our greatest asset—the energy, commitment, and expertise of our members— to enhance the Society’s impact as the premier convener of the international law community and a trusted resource on international legal issues. Although we could hardly have foreseen the challenges that would confront international law and institutions as a result of the recent political changes in the U.S. and around the world, the plan has proven to be an excellent roadmap as we seek to navigate those challenges, enabling us to respond purposefully and nimbly to the evolving political and legal landscape. President Lucinda Low moved quickly to activate the four new standing committees envisioned by the strategic plan—the Program Committee, the Operations Committee, the Strategic Initiatives Committee, and the Public Engagement and Technology Committee—each chaired by a vice president of the Society, with a broad mandate to review our existing activities and to recommend new ways and means of engaging our members, the public, and other key constituencies. All four committees have been hard at work, in consultation with the Executive Committee and the Tillar House staff, and their efforts are already producing results. As the new U.S. administration took office, the Society undertook a series of initiatives to educate and inform opinion leaders, policy makers, and the public about the nature and importance of the international legal system and its relevance to current problems—notably our ongoing livestream series, “International Law and the Trump Administration,” developed by the Strategic

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Initiatives Committee, chaired by Vice President Catherine Amirfar, and the accompanying social media campaign based on our centennial publication, “International Law: 100 Ways It Shapes Our Lives.” We are currently preparing a new edition of that publication, spearheaded by a task force co-chaired by Anna Spain Bradley and Perry Bechky, and we will be relaunching it in the coming months as an interactive educational tool (see related story on page 4). The Strategic Initiatives Committee also is working with the Public Engagement and Technology Committee, chaired by Vice President Kal Raustiala, to develop sophisticated new communication tools to bring our message to a broader audience. More generally, the Public Engagement Committee is looking at how well the Society’s current technology infrastructure serves our needs and advances our goals, and, in particular, what improvements might be made to our public-facing communications capacity. At the same time, the Program Committee, chaired by President-Elect Sean Murphy, has been working to bring greater integration and intentionality to the Society’s many activities. Among other things, the committee has proposed that the Society annually select one or more “signature themes” proposed by our members around which we can develop areas of concentration, or “centers of excellence,” that would integrate programs, publications, research and reports, and online tools. The Executive Committee has approved the proposal, and it will go before the Executive Council at the Midyear Meeting in October (see related story on the back cover of this issue). The Operations Committee, headed by Vice President Whitney Debevoise, will be looking at ways to ensure that our headquarters staff and facilities are in a position to support all this new activity. —continued on page 10

AMERICAN SOCIETY OF INTERNATIONAL LAW Tillar House 2223 Massachusetts Avenue, NW Washington, DC 20008 +1-202-939-6000 +1-202-797-7133 fax www.asil.org

ASIL OFFICERS PRESIDENT Lucinda Low PRESIDENT ELECT Sean Murphy HONORARY PRESIDENT Rosemary Barkett EXECUTIVE VICE PRESIDENT Mark Agrast VICE PRESIDENTS Catherine Amirfar, Hannah Buxbaum Eli Whitney Debevoise II, and Kal Raustiala SECRETARY James Nafziger TREASURER Nancy Perkins ASSISTANT TREASURER Ronald Bettauer

ASIL NEWSLETTER EDITORS Mary Beth Shults and Jimmy Steiner CONTRIBUTORS Staff: Jack Karako ASIL Members: Interest Group Co-Chairs, Nikos Lavranos Vol. 33, Issue 3 – July/September 2017

ASIL is a nonpartisan membership association dedicated to fostering the study of international law and promoting the establishment and maintenance of international relations on the basis of law and justice. ASIL Newsletter (ISSN 1049-7803) is published quarterly for $70/year for U.S. subscribers/$90 outside U.S./no additional cost to members. Periodicals postage paid at Washington, DC, and additional mailing office. Postmaster: send address changes to ASIL Newsletter, 2223 Massachusetts Avenue, NW, Washington, DC 20008-2864 USA; Tel. +1-202-939-6000; Fax +1-202-797-7133; www.asil.org. News of members, meetings, and events is welcome. ASIL Newsletter reserves the right to edit any materials submitted.

The ink used to produce this newsletter is vegetable-oil based rather then petroleum-based. The paper used in this publication features postconsumer recycled fiber and is FSC Certified, assuring that the fiber comes from well-managed forests and is independently certified according to standards of the Forest Stewardship Council. © Copyright 2017 by The American Society of International Law. All rights reserved.

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July/September 2017

Interest Group Spotlight: News from Some of the Society’s 35 Interest Groups Transitional Justice and Rule of Law The Transitional Justice and Rule of Law Interest Group (TJROLIG) co-sponsored a panel discussion with the Vance Center for International Justice and the Center for Justice and Accountability (CJA) titled, “Achieving Accountability for War Crimes in Syria” at the New York City Bar Association. Panelists included Syrian human rights activist Radwan Ziadeh (The Arab Center), Scott Gilmore (CJA), and David Marshall (United Nations Office of the High Commissioner for Human Rights). Somini Sengupta (United Nations Bureau, The New York Times) moderated the panel. The panelists addressed the failure of the international community to hold the regime accountable despite evidence of systematic violations of international humanitarian law. Speakers explored the impact of a lack of accountability on the norms of international criminal justice. Given the lack of action from the international community, panelists identified other alternatives for holding the regime accountable, including in national courts, and stressed the importance of documenting violations to be used in later prosecutions either in Syria or before an international tribunal.

“Achieving Accountability for War Crimes in Syria” with the Transitional Justice and Rule of Law Interest Group.

New Professionals The New Professionals Interest Group (NPIG) recently selected Marc-Antoine Carreira da Cruz as the newsletter editor. MarcAntoine has been an assistant at the Parliament of the Brussels Capital-Region since 2010, where he advises on legal matters and bills drafting. He earned his Ph.D. in international law from the University of Nice Sophia Antipolis in 2015. His first NPIG newsletter issue was the July issue. NPIG members may contact the group co-chairs and Marc-Antoine at [email protected] with any comments on the newsletter or updates on activities to be circulated to other members.   In addition, NPIG, in collaboration with the American Branch of the International Law Association’s Investment Law Committee, successfully proposed a panel entitled “NAFTA: What Does the Future Hold?” for this year’s International Law Weekend scheduled

for October 19-21, 2017, in New York. This event will bring together current and former U.S., Mexican, and Canadian government officials who will discuss the future of NAFTA. More information on this event is available on the ILSA website: www.ilsa.org.

Law in the Pacific Rim Region The Law in the Pacific Rim Region Interest Group (LIPRIG) cosponsored the 2017 ILA-ASIL Asia-Pacific Research Forum, which the Chinese (Taiwan) Society of International Law (CSIL) organized in Taipei on May 19-20. The forum discussed the South China Sea Arbitration and the recent development of Asia-Pacific free trade agreements. Approximately one hundred academics, government officials, and lawyers from ten countries attended the forum. The keynote speaker was Chief Justice Michael Hwang SC of the Dubai International Financial Centre. Members of the organizing committee included CSIL President Nigel N.T. Li, Torsten Stein, Chun-i Chen, Yuka Fukunaga, and LIPRIG Co-Chairs Pasha Hsieh and Timothy Webster.

ASIL-Midwest ASIL-Midwest hosted its annual research forum at Cleveland Marshall College of Law on September 15-16. The workshop featured several presentations of research projects at various stages. It was organized by Milena Sterio (Cleveland-Marshall College of Law), the group’s immediate past co-chair; current Co-Chairs Cindy Buys (Southern Illinois University Law School) and Neha Jain (University of Minnesota Law School); and Vice Chair Yvonne Dutton (ASIL Academic Partner Indiana McKinney University School of Law). ASIL-Midwest is also launching a Speaker’s Bureau to assist schools in the Midwest region in identifying potential speakers on international law topics. To get involved with future ASIL-Midwest activities, members may contact Co-Chair Cindy Buys at [email protected].

Migration Law In July, the Migration Law Interest Group (MLIG) published in AJIL Unbound the second set of essays in a three-part series entitled “Framing Global Migration Law.” This group of essays seeks to situate global migration law within a range of theoretical dimensions. MLIG is also sponsoring a panel, “Defining Global Migration Law,” that will take place at the 2017 International Law Weekend on Saturday, October 21, 2017, at 10:45 am at Fordham Law School in New York.

International Courts and Tribunals The International Courts and Tribunals Interest Group (ICTIG) organized a panel at the April 2017 Annual Meeting on “Valuing Women in International Adjudication.” Co-sponsored with several —continued on page 6 ■

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Proceedings of Nuremberg Dialogs Now Available The Proceedings of the Tenth International Humanitarian Law (IHL) Dialogs, which provides a print record of the 2016 meeting of international prosecutors, scholars, and students is now available. Usually held at the Chautauqua Institution in New York, the Tenth IHL Dialogs took place in Nuremberg, Germany, in commemoration of the 70th anniversary of the International Military Tribunal. As a cosponsor of the annual IHL Dialogs, ASIL has published the Proceedings every year since the first Dialogs in 2007. The theme of the Tenth IHL Dialogs, held September 29–30, 2016, was “A Lasting Legacy for the Future,” commemorating the 70th anniversary of the closing of the International Military Tribunal at Nuremberg. Highlights of the volume include keynote remarks by then-U.S. Attorney General Loretta Lynch; ICC prosecutor Fatou Bensouda; and Joseph Kamara, deputy prosecutor of the Special Court for Sierra Leone; updates from current prosecutors of the Extraordinary Chambers of the Courts of Cambodia, the International Criminal Court, the International Criminal Tribunal for Rwanda, the International Criminal Tribunal for the former Yugoslavia, the Special Court for Sierra Leone, and the Special Tribunal for Lebanon; and a roundtable on German perspectives on Nuremberg.

ASIL Members Attend UNCITRAL Herfried Wöss, Stefano Castagna, Ted Gleason, Jie Huang and Nikos Lavranos attended the 50th United Nations Commission on International Trade Law (UNCITRAL) session, held on July 3-21, 2017, in Vienna, Austria as observers under the auspices of the Society’s Consultative Status to the Economic and Social Council. One of the topics on the agenda was the European Union’s proposal to give the UNCITRAL Commission a broad mandate for a working group which would identify and ASIL members attended UNCITRAL in Vienna consider concerns on July 10. regarding investor-state dispute settlements (ISDS); consider whether reforms are desirable in light of the identified concerns; and, if the Working Group were to conclude that reform is desirable, to develop and recommend relevant solutions. The United States and Japan opposed the proposal, while the E.U., Canada, Mauritius, South Africa, and several Latin American countries vigorously pushed for such a mandate. After a heated debate that reflected the different views as to whether and to what extent the ISDS system may be reformed or potentially even replaced by a permanent multilateral investment court (MIC), the mandate was adopted. The observers noted that the adoption of this mandate allows the E.U. eventually to seek a permanent multilateral investment court (MIC). However, the debate illustrated the fact that there is not yet consensus for such a court at this time.

The volume was co-edited by ASIL Executive Director Mark Agrast and IHL Dialogs founder David Crane of ASIL Academic Partner Syracuse University. The managing editor was Molly White. The book is available to ASIL members for $25 (nonmembers, $35) and can be ordered online at www.asil.org/ IHLProceedings.

The ASIL Members in attendance benefited from the Society’s access to U.N. events, observing the debate on the issue first hand, improving their knowledge of the proceedings, and coming away from the experience with a unique insight into UNCITRAL’s possible future activities on this topic.

“100 Ways” Publication Updated

Trump administration by tweeting one of the 100 Ways from the original edition.

This year, ASIL President Lucinda Low formed a committee to update and redraft the ASIL centennial publication, “International Law: 100 Ways It Shapes Our Lives.” Since the original publication ten years ago, new international law has been created as the field has also contended with social, political, and technological change. The new edition incorporates recent international agreements and treaties such as the Paris Agreement and the 2013 Arms Trade Treaty. The committee’s work follows the social media campaign launched on Inauguration Day to highlight the importance of treaties and other legal instruments to daily life around the world, with the Society marking the first 100 days of the

Perry Bechky (Berliner Corcoran & Rowe LLP) and Anna Spain Bradley (ASIL Academic Partner University of Colorado Boulder School of Law) co-chaired the committee, which also included Marija Dordeska (International Law Commission), Charles Di Leva (Environmental Law Institute), Alison Dundes Renteln (University of Southern California), Rahim Moloo (Gibson Dunn LLP), and Bruce Rashkow (ASIL Academic Partner Columbia University Law School). The updated version will be available free of charge on the ASIL website. Plans are also underway to launch an interactive learning tool based on the publication.

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July/September 2017

RECENT EVENTS International Law and the Trump Administration- Security Series

From left, Michael Schmitt, Ashley Deeks, and Brian Egan during ASIL’s livestream session, “Strengthening Cybersecurity.” On July 19, ASIL hosted its sixth “International Law and the Trump Administration” livestreamed webcast to kick-off a threepart series on international security. The first security session was “Strengthening Cybersecurity” and featured Ashley Deeks (University of Virginia School of Law and former assistant legal adviser for political-military affairs at the U.S. Department of State) and Brian Egan (ASIL Law Firm Partner Steptoe &

Johnson LLP and former legal adviser at the U.S. Department of State), moderated by Michael Schmitt (Stockton Center for the Study of International Law, U.S. Naval War College). The panel discussed balancing legal and political concerns in the context of cyberspace as well as the role of international humanitarian law and the potential development of customary international law in cyberspace. The second part of the series addressed “Nuclear Security and Non-Proliferation” on July 26 with Stephen Rademaker (ASIL Law Firm Partner Covington and Burling LLP and former assistant secretary of state, Bureau of Arms Control and Bureau of International Security and Nonproliferation, U.S. Department of State) and Lynn Rusten (Nuclear Threat Initiative, formerly White House National Security Council and Bureau of International Security and Nonproliferation, U.S. Department of State), moderated by David Koplow (ASIL Academic Partner Georgetown University Law Center and former special counsel for Arms Control, Office of the General Counsel of the U.S. Department of Defense). The panel discussed the Nuclear Nonproliferation Treaty as a legal and diplomatic tool, the significance of U.S. deterrence, and the challenges facing the United States from state and non-state actors. —continued on page 8 Follow us on Twitter @OUPIntLaw Like us on Facebook @OUPInternationalLaw

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Interest Group Spotlight —continued from page 3 other interest groups, the panel examined the topic from multiple vantage points, considering such issues as selection processes for judges and arbitrators and the role of counsel. It featured Josephine Dawuni (Howard University), Meg Kinnear (International Centre for Settlement of Investment Disputes), Kate Parlett (20 Essex Street), and Liesbeth Lijnzaad (The Netherlands Ministry of Foreign Affairs). Susan Franck (ASIL Academic Partner American University Washington College of Law) moderated a lively exchange before a standing-room-only audience. Also at the Annual Meeting, ICTIG thanked its outgoing Co-Chairs Nienke Grossman (University of Baltimore School of Law) and Tamara Shockley (United Nations Department of Safety and Security) and welcomed new Co-Chairs Stuart Ford (John Marshall Law School) and Celia Goldman (International Monetary Fund Administrative Tribunal). The new co-chairs look forward to building on the work of their predecessors through collaborative projects between academics and practitioners and with other international law societies. A works-in-progress workshop is planned for winter 2018.

are encouraged to submit ideas to Peter Roudik at [email protected] or Vicki Szymczak at [email protected].

Women in International Law On July 20, the Women in International Law interest group (WILIG) hosted its annual International Law Networking Breakfast. Siobhan McInerney-Lankford, Senior Counsel at the World Bank Legal Vice-Presidency; Ruchi Gill, international trade associate at Covington & Burling LLP; and Leslie E. Vélez, U.S. Protection Unit for the United Nations High Commissioner for Refugees, shared their experiences and advice with a roomful of women of all ages and backgrounds. Tracy Roosevelt, associate in Foley Hoag LLP’s International Litigation and Arbitration Department, moderated the discussion.

Intellectual Property Law The Intellectual Property Law Interest Group (IPLIG) co-organized an international conference, “Consumer Policy in a Comparative Perspective: New Challenges in Chinese, European, and International Law,” on June 29-30, 2017, at the Faculty of Law of the University of Macau in China. This conference was jointly organized with the European Society of International Law, ASIL’s International Environmental Law Interest Group, the Faculty of Law of the University of Macau, and the Global Law Initiatives for Sustainable Development (gLAWcal). The conference featured a keynote speech on “International Law and Consumer Policy” by Seung Wha Chang, Seoul National University and former World Trade Organization Appellate Body member. The conference included 20 paper presentations from scholars around the world. The conference papers will be published in a special issue in Routledge’s Transnational Law and Governance book series. More information on the gLAWcal book series published by Routledge can be found at www.asil.org/glawcal.

International Legal Research The International Legal Research Interest Group (ILRIG) was joined by an audience of approximately 75 attendees at its 2017 Annual Meeting educational session, entitled “Spreading Justice: International Criminal Tribunals and National Legal Systems.” It was moderated by ILRIG Co-Chair Vicki Szymczak. She was joined by panelists Nicolas Boring, Law Library of Congress; Douglas Irvin-Erickson, The School for Conflict Analysis and Resolution, George Mason University; Steven Koh, U.S. Department of Justice; and Jane Stromseth, ASIL Academic Partner Georgetown University Law Center. The Interest Group is now accepting ideas for a seminar/webinar this winter. Members

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From left, Tracy Roosevelt, Ruchi Gill, Siobhan McInerney-Lankford, and Leslie E. Vélez listen to an attendee’s question at WILIG’s annual breakfast. ■

Notes from the President —continued from page 1 To be sure, much more needs to be done, and backsliding is always a concern. But the ABC movement shows the value of regional and specialized experimentation and creative approaches that involve groups of nations sharing common characteristics—in the case of the OECD Convention, capital exporters representing the bulk of worldwide trade and investment working together to establish common standards to combat a global problem. It also shows the importance of leadership. The Practitioner’s Forum at our Midyear Meeting in St. Louis this October (see the back cover of this issue) will—among other things—celebrate this anniversary of the OECD Anti-Bribery Convention and the world’s progress in the last 20 years in combatting bribery and corruption. In doing so, we celebrate not only the value of international law, but the contributions of innovative multilateral approaches to dealing with some of the world’s most significant problems. We hope you will meet us in St. Louis for what promises to be another outstanding Research Forum, brimming with cutting-edge thinking and energy, and a vibrant Practitioner’s Forum. Lucinda A. Low

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July/September 2017

New Online Bibliography The SHAFR Guide Online An Annotated Bibliography of U.S. Foreign Relations since 1600

General Editor: Alan McPherson, Temple University Outright Purchase Price: € 3.750 / US$ 3.955 Annual Subscription Price: € 485 / US$ 511

ISSN: 2468-1733 brill.com/shaf

The SHAFR Guide Online: An Annotated Bibliography of U.S. Foreign Relations since 1600 is a near-comprehensive, 2.1 million-word online annotated bibliography of historical work covering the entire span of U.S. foreign relations. It aims to jump-start the research of both students from high school to graduate school as well as the most advanced scholars. The SHAFR Guide Online, created by the Society for Historians of American Foreign Relations (SHAFR) and helmed by General Editor Alan McPherson, should be the first place to which researchers turn when establishing a bibliography, whether it be about US-Latin American relations in the 19th century, World War II, or US-China/East Asia relations since the Vietnam War. The SHAFR Guide Online’s thirty chapters cover all eras in U.S. history from colonial days through the Barack Obama presidency as well as all geographical areas of the world. A specialist of the topic has expertly organized and annotated

each chapter’s entries. The latest edition also includes four new thematic chapters—on economic issues; nongovernmental actors; domestic issues, the Congress, and public opinion; and race, gender, and culture. Entries include every type of historical source, from collections of government documents to biographies, monographs, book chapters, journal articles, web sites, and much more. The SHAFR Guide itself has a long, illustrious history. Since 1983, SHAFR has published several previous editions, under different names, edited by Richard Dean Burns, Robert Beisner, and Thomas Zeiler. Henceforth, The SHAFR Guide will be primarily an online tool. The addition of keywords for each entry is meant to make searches as effortless as possible, and its chapters will be updated twice a year. It is destined to become the preeminent bibliography in the field and an indispensable research tool for historians of U.S. foreign relations—amateurs and professionals alike.

Free trial available The SHAFR Guide Online is available for a free 30-day institutional trial. To arrange your trial please ask your librarian to contact our Sales department at [email protected] (the Americas) or [email protected] (Europe, Middle East, Africa and Asia-Pacific).

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Recent Events —continued from page 5 GWU High School Group

On July 27, Deputy Executive Director Wes Rist spoke to a group of approximately 20 high school students at Tillar House. These students were participating in an international affairs summer program at George Washington University and demonstrated an interest in pursuing a career in international law or international affairs.

Young Arbitrator Debate Series On July 20, ASIL Law Firm Sponsor Freshfields Bruckhaus Deringer LLP hosted another event in its Young Arbitrator Debate Series at Tillar House before a standing-room only crowd. Kiran Gore (Three Crowns LLP) debated Michael Daly (ASIL Academic Partner George Washington University School of Law) on the topic, “This House believes that awards that have been annulled should never be enforced in other jurisdictions.” Lee Rovinescu of Freshfields Bruckhaus Deringer LLP moderated the debate, which was followed by a reception for the early career lawyers.

American University Human Rights Series

Finnish Ambassador Marja Lehto at Tillar House

This summer, ASIL Academic Partner American University Washington College of Law Academy on Human Rights and Humanitarian Law and ASIL once again hosted a series of panels at Tillar House. The first, “The Backlash Against Regional Human Rights Systems: An Ongoing Concern,” was on June 2, 2017, with Judge Luis López Guerra (European Court of Human Rights) and Judge Eduardo Ferrer Mac-Gregor Poisot (Inter-American Court on Human Rights, Organization of American States), moderated by Elizabeth Abi-Mershed (Inter-American Commission on Human Rights, Organization of American States). The second event on June 5, 2017, “The International Criminal Court at a Crossroad: Achievements and Challenges Ahead,” featured International Criminal Court President Silvia Fernández de Gurmendi in conversation with Diane Orentlicher (ASIL Academic Partner American University Washington College of Law). The last event in the series, “Upholding Human Rights in Times of Populist Nationalism,” was on June 14 with Judge Laurence Burgorgue-Larsen (Constitutional Court of Andorra, Sorbonne Law School), Christof Heyns (U.N. Human Rights Committee; University of Pretoria), and Elizabeth Andersen (American Bar Association Rule of Law Initiative), moderated by Ted Piccone (Brookings Institution). This was the sixth year ASIL and the Academy have collaborated on this series. Videos from all three panels may be found here: www.asil.org/eventvideos.

On June 26, the Society hosted Ambassador Marja Lehto of Finland for a discussion on “International Law and Cyberspace.” Lehto is the representative of Finland to the U.N. International Law Commission (ILC) and was joined in conversation by fellow ILC Representative from the United States and ASIL President-Elect Sean Murphy (ASIL Academic Partner George Washington University School of Law). They discussed the capacity of international law to address cyberspace issues. This wellattended event was followed by a reception sponsored by the Embassy of Finland. A video of the conversation may be found at www.asil.org/eventvideos.

Ambassador Marja Lehto at Tillar House with President Elect Sean Murphy For news of other recent events, see the Interest Group Spotlight on page 3. ■

Save the date for ASIL’s annual Holiday Open House December 5, 2017, 6:00-8:00 pm ASIL headquarters, Tillar House, Washington, DC Visit www.asil.org/events for details and to confirm your attendance .

From left, Kiran Gore, Lee Rovinescu, and Michael Daly at Tillar House for the Young Arbitrator Debate Series hosted by Freshfields Bruckhause Deringer LLP.

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For more upcoming events, see the Interest Group Spotlight on page 3. Diane Orentlicher with International Criminal Court President Silvia Fernández de Gurmendi

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July/September 2017

UPCOMING EVENTS Annual Meeting Committee Reviews Session Proposals for 2018 Conference

ASIL President Lucinda Low has appointed Kathleen Claussen (Office of the U.S. Trade Representative), Jacob Katz Cogan (ASIL

Academic Partner University of Cincinnati School of Law), and Tafadzwa Pasipanodya (ASIL Law Firm Member Foley Hoag LLP) to co-chair the 2018 Annual Meeting Committee. The 112th ASIL Annual Meeting will take place April 4-7, 2018, at the Hyatt Regency Washington on Capitol Hill in Washington, DC.  Members of the 2018 Annual Meeting Committee met at ASIL headquarters on August 4 to review over 150 program proposals submitted on the 2018 conference theme, “International Law in Practice.” The Committee, co-chaired by Kathleen Claussen (Office of the U.S. Trade Representative), Jacob Katz Cogan (University of Cincinnati College of Law), and Tafadzwa Pasipanodya (Foley Hoag, LLP), is now working to finalize the program, which will be announced later this year. For the latest information on the conference, visit www.asil.org/am or look for #ASILAM on Twitter.

2018 Annual Meeting Committee Members Mairée Uran Bidegain, International Centre for Settlement of Investment Disputes Berglind Halldorsdottir Birkland, Debevoise & Plimpton, LLP Tess Bridgeman, Center for International Security and Cooperation, Stanford University Kathleen Claussen, Office of the U.S. Trade Representative Jacob Katz Cogan, University of Cincinnati College of Law Anjali Dayal, Fordham University School of Law Brian Finucane, U.S. Department of State Daniel Firger, Bloomberg Philanthropies Ruchi Gill, Covington Burling, LLP Jack Hayes, Steptoe & Johnson, LLP Etelle Higonnet, Waxman Strategies Angel Horna, Permanent Mission of Peru to the United Nations Neha Jain, University of Minnesota Law School Ndanga Kamau, LCIA-MIAC Arbitration Centre Amanda Klasing, Human Rights Watch Gita Kothari, Organization for Economic Co-operation and Development

Mimi Lee, Chevron Corporation Ana Peyró Llopis, Office of the Legal Counsel, United Nations Justin Miller, U.S. Department of Justice Penelope Nevill, 20 Essex Street Chambers Tafadzwa Pasipanodya, Foley Hoag, LLP Julian Simcock, U.S. Department of State Guy Sinclair, Victoria University of Wellington Faculty of Law Ed Swaine, George Washington University Law School Shana Tabak, Georgia State University College of Law Anna Toubiana, Foley Hoag, LLP Kimberley Trapp, University College London Faculty of Laws Epaminontas Triantafilou, Quinn Emanuel Urquhart & Sullivan, LLP Peter Tzeng, International Court of Justice Michael Waibel, University of Cambridge Faculty of Law Romain Zamour, Debevoise & Plimpton, LLP

Midyear Meeting to Take Place in St. Louis This October

—continued from back cover

The Research Forum will take place October 27-28 at ASIL Academic Partner Washington University School of Law. The event will consist of expert-led discussions of innovative international law scholarship by more than 70 authors whose work was chosen through a blind selection process that included over 150 submissions.

Law), along with James Gathii (Loyola University of Chicago School of Law), Jackie Peel (Melbourne Law School), David Sloss (Santa Clara University School of Law), Victoria Sahani (Arizona State University Sandra Day O’Connor College of Law), and Frédéric (Freddy) Sourgens (Washburn University School of Law).

This year’s Research Forum Committee, which selected the papers for presentation, consisted of Co-Chairs Julian Arato (Brooklyn Law School) and Leila Sadat (Washington University School of

Separate registration is required for the Practitioners’ Forum and the Research Forum, and spaces are filling up rapidly. To learn more and to register, visit www.asil.org/mym. ■

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MEMBER NEWS

IN MEMORIAM

Susan Karamanian has been appointed as provost and chief academic officer at the American University of Sharjah. Karamanian served as the Burnett Family Professorial Lecturer in international and comparative law and policy and associate dean for international and comparative legal studies at ASIL Academic Partner George Washington University Law School since 2000. She is a former vice president of the Society and will continue her service as chair of the Audit Committee and an exofficio member of the Executive Council. Karamanian first joined the Society in 1988.

Ambassador Dr. Tono Eitel died on June 25, 2017. Eitel joined the German Foreign Federal Service in 1963. During his foreign service career, he was an ambassador to Lebanon and later served as head of the legal department and international law advisor to the Federal Office. In 1995, he was appointed Permanent Representative to the United Nations and served on the Security Council in 1996. After his retirement from the foreign office, Eitel joined the Max Planck Institute for Comparative Public Law and International Law and continued his commitment to international law until his death. He joined the Society in 1999.

Liesbeth Lijnzaad was elected to the International Tribunal for the Law of the Sea (ITLOS) on June 14, 2017 and will be sworn in on October 1. Lijnzaad is a professor at Maastricht University and, since 1994, has worked for the Dutch Ministry of Foreign Affairs where she is currently principal legal adviser to the Minister. She will be the first Dutch person to serve on the Tribunal and has been an ASIL member since 2012.

Former ASIL member Georges Delaume died December 19, 2016. Delaume worked for the International Monetary Fund from 1949 to 1954 before he joined the World Bank. He worked full time for the International Center for Settlement of Investment Disputes (ICSID) as its senior legal adviser from 1981 until 1986 after which he was consultant for Curtis MalletPrevost Colt & Mosle. He also taught at George Washington University for over twenty years. Delaume wrote extensively on international law, namely private international law. He brought his dedication to international legal publications as an ASIL member and editor of the International Legal Materials until 1991. A special issue of the BCDR International Arbitration Review on investment arbitration in the Middle East is dedicated to his memory.

The United Nations Human Rights Council has appointed Fionnuala Ní Aoláin (University of Minnesota Law School) as Special Rapporteur on the Promotion and Protection of Human Rights and Fundamental Freedoms while Countering Terrorism. She previously served as Special Expert on promoting gender equality in times of conflict and peacemaking. Ní Aoláin is currently University Regents Professor; Robina Chair in Law, Public Policy, and Society; and faculty director of the Human Rights Center at the University of Minnesota School of Law as well as associate director of the Transnational Justice Insitute at the University of Ulster, Northern Ireland. She has been an ASIL member since 1999.

STAFF NEWS After two years with the Society, Executive Assistant and Development Coordinator Tania Cohen left the staff in July to serve as a fellow with the U.S. Department of State-sponsored Congress-Bundestag Young Professionals Exchange in Munich, Germany, where she will work on transatlantic refugee resettlement policy issues.

Notes from the Executive Director —continued from page 2 Under its mandate, the committee will consider, among other things, whether to establish a capital budget for improvements and maintenance of Tillar House, and will look at whether the space is optimally configured for the Society’s present and future needs. The committee also will take a serious look at the future of the deFord Library and Information Center, which occupies much of the ground floor of Tillar House, and the collections it houses, including the Howard M. Holtzmann Papers, which the Society acquired through a grant from the Holtzmann family. Not to be outdone, our longtime standing committees also continue to advance the work of the Society. Among them, our Membership Committee, co-chaired by Vice President Hannah Buxbaum and former Vice President Edward Kwakwa; and our Development Committee, co-chaired by Abby Cohen Smutny and Greg Shaffer, are working to expand our reach and our

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resources; and our Interest Group Committee (chaired by Jaya Ramji-Nogales) is deep into its triennial review as it evaluates our 35 interest groups and considers ways to enhance their effectiveness. The Nominating Committee, chaired by Andrea Bjorklund; the Honors Committee, chaired by David Bowker; the Book Awards Committee, chaired by Meg deGuzman; the Annual Meeting Committee, co-chaired by Kathleen Claussen, Jacob Katz Cogan, and Tafadzwa Pasipanodya; the Research Forum Committee, co-chaired by Julian Arato and Leila Sadat; and the Practitioners' Forum Committee, co-chaired by Perry Bechky and Jennifer Schwesig, are all hard at work this fall as well. Taken together, these efforts are harnessing the collective energies, creativity and commitment of our members and hold great promise as we work to increase our impact at this critical moment for international law. Mark Agrast

Newsletter |

July/September 2017

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2223 Massachusetts Avenue, NW Washington, DC 20008-2864 U.S.A.

Periodical Postage Paid at Washington, DC USPS 010672

2017 President’s Appeal

Midyear Meeting in St. Louis

The President’s Appeal is the annual giving campaign that enables ASIL members and supporters to renew their investment in ASIL’s work and help sustain its legacy. The Appeal complements the revenues received from other sources and enables the Society to maintain and strengthen its position as the premier convener of the international law community and a trusted resource on international legal issues.

Registration is now open for the Society’s 2017 Midyear Meeting, to be held October 26-28 in St. Louis, MO. The Meeting will have two components: a half-day Practitioners’ Forum, and the Society’s seventh annual Research Forum.

At a time when international law and institutions have come under growing threat around the world, the Society performs an indispensable role in advancing peace and justice through the knowledge and use of international law. Please help us carry on this work by responding generously to the President’s Appeal and making an investment for today and tomorrow. Donate online today by going to www.asil.org/presidentsappeal. For further information, please contact Development Director Jack Karako at [email protected].

The Practitioners’ Forum will take place in downtown St. Louis at Armstrong Teasdale LLP on the afternoon of Thursday, October 26. The event will feature a keynote address and two panel discussions following the theme, “Navigating International Regulatory Compliance Risks in a Changing Legal Landscape.” The sessions will be accredited for continuing legal education credits, and will be followed by a networking reception. This year’s Practitioners’ Forum committee is co-chaired by Perry Bechky (Berliner Corcoran LLP) and Jennifer Schwesig (Armstrong Teasdale LLP), joined by committee members Glenn Hendrix (Arnell Golden Gregory LLP) and Sandy Hodgkinson (Leonardo DRS). —continued on page 9