LCIL International Law Centre podcast

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We're trying something different this week: a full post-show breakdown of every episode in the latest season of Black Mirror! Ari Romero is joined by Tudum's Black Mirror expert, Keisha Hatchett, to give you all the nuance, the insider commentary, and the details you might have missed in this incredible new season. Plus commentary from creator & showrunner Charlie Brooker! SPOILER ALERT: We're talking about the new season in detail and revealing key plot points. If you haven't watched yet, and you don't want to know what happens, turn back now! You can watch all seven seasons of Black Mirror now in your personalized virtual theater . Follow Netflix Podcasts and read more about Black Mirror on Tudum.com .…

LCIL International Law Centre Podcast

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The Lauterpacht Centre for International Law is the scholarly home of International law at the University of Cambridge. The Centre, founded by Sir Elihu Lauterpacht QC in 1983, serves as a forum for the discussion and development of international law and is one of the specialist law centres of the Faculty of Law. The Centre holds weekly lectures on topical issues of international law by leading practitioners and academics. For more information see the LCIL website at http://www.lcil.cam.ac.uk/

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LCIL International Law Centre Podcast

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302 episoade

#Society #Politics #Podcasting Education #News #LCIL, University of Cambridge #LCIL #University Of Cambridge #International Law

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LCIL International Law Centre Podcast

1
State Immunity: Theory and Practice - Hussein Haeri KC, Withers LLP 42:29

acum 5 weeks42:29

42:29

Lecture summary: This lecture will explore the parameters of State immunity at the international level and as reflected in different national legal systems (including England & Wales, the United States and others). It will include an overview of foundational and more recent jurisprudence in international and domestic courts, and will give particular focus to select aspects of State immunity in the context of enforcement against State assets. Hussein Haeri KC is a Partner at Withers LLP in London and Head of the firm's Public International Law Group. He is a King's Counsel and was the only Solicitor Advocate to take Silk in 2024. Hussein has extensive experience as counsel and advocate on international dispute resolution matters for almost 20 years in London, Paris and New York, including before the ICJ, ITLOS, under ICSID and UNCITRAL arbitration rules and in national courts. He has been recognised for many years by the major legal directories including Chambers & Partners, which refers to him as an "outstanding lawyer", and Legal 500 which states that "he combines huge intellectual powers with great client handling". He is a Partner Fellow at the Lauterpacht Centre for International Law, a Senior Fellow at SOAS in London and has lectured at various other universities including the University of Oxford, Sciences Po in Paris and Roma Tre University in Rome.…

LCIL International Law Centre Podcast

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Explaining Sudan’s Catastrophe: From Popular Revolution to Coup, War and Famine 42:31

acum 8 weeks42:31

42:31

Summary: This talk explains Sudan’s descent into a horrific war that is the world’s worst humanitarian crisis. The war has displaced over 11 million people, involved the targeting of civilians, including especially women, in mass violence, and precipitated a hunger crisis affecting over 24 million people, with over 630,000 currently facing famine. How, after a momentous civilian uprising in 2018-19 that toppled the dictator Omer el-Bashir after 30 years of authoritarian rule, did Sudan come to this? Unravelling the causes and events that led to tragedy begins with how counter-revolutionary actors within the State benefitted from the priorities of external peacemakers seeking to achieve a democratic transition in order to displace revolutionary forces, before carrying out a coup against that very transition. The war erupted when the counter-revolution itself unravelled, and its two primary bedfellows, the Sudan Armed Forces and the paramilitary Rapid Support Forces fell-out violently with each other in a struggle for power. With complex regional geopolitical entanglements and drawing in other armed groups in Sudan, their war to the bitter end has mixed cruel indifference and intentional harm towards civilians in devastating ways. Remarkably, the revolutionary spirit of the Sudanese has not been vanquished, and has found expression in how neighbourhood resistance committees have transformed into ‘emergency response rooms’ to deliver life-saving support. Sudan’s plight and prospects lie precariously within these intersecting trajectories. Sharath Srinivasan is David and Elaine Potter Professor of International Politics at the University of Cambridge and a Fellow of King's College, Cambridge. He is also Founding Director, and currently Co-Director, of the University of Cambridge's Centre of Governance and Human Rights (CGHR). Professor Srinivasan is a Fellow and Trustee of the Rift Valley Institute and a Trustee and Vice-President of the British Institute in Eastern Africa. Professor Srinivasan’s work focuses on contentious politics in Africa in global perspective, from explaining failed peace interventions in civil wars to rethinking democratic politics in a digital age. He is the author of When Peace Kills Politics: International Intervention and Unending Wars in the Sudans (Hurst/Oxford University Press, 2021) and co-editor of Making and Breaking Peace in Sudan and South Sudan: The Comprehensive Peace Agreement and Beyond (British Academy/Oxford University Press, 2020). Chair: Dr Juliana Santos de Carvalho, Centre Fellow…

LCIL International Law Centre Podcast

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Property Rights at Sea - Prof Richard Barnes 46:44

acum 9 weeks46:44

46:44

Lecture summary: Property is a fundamental legal institution governing the use of things: who may own what, how and why. Given that such questions extend to a wide range of natural resources essential to human well-being, such as food, water and shelter, then it is reasonable to assume that human rights should play an important role in shaping property rights discourse and practice. And yet this assumption is somewhat misplaced. The relationship between property and human rights and property remains relatively underdeveloped in both practice and academic literature, and virtually non-existent when we move to the maritime domain. In this paper, I explore and question the role that property and human rights can and should play in the maritime domain. I outline how such rights arise and are protected under human rights instruments, before exploring how they might inform the moral and legal distribution of resources. In particular, I focus on how we might balance individual rights and public interests that arise in respect of property, and how these are informed by the nature of the oceans as a commons. Richard Barnes is Professor of International Law at the University of Lincoln and Adjunct Professor of Law at the Norwegian Centre for the Law of the Sea, the University of Tromsø. His current research focuses on the human right to property, ocean commons, and the BBNJ Agreement. He is widely published in the fields of international law and law of the sea. Property Rights and Natural Resources (2009), won the SLS Birks Book Prize for Outstanding Legal Scholarship. He has edited several collections of essays including Research Handbook on Plastics Regulation (2024), Frontiers in International Environmental Law. Oceans and Climate (2021), Research Handbook on Climate Change, Oceans and Coasts (2020), and The United Nations Convention on the Law of the Sea: A Living Instrument (2016). Professor Barnes a member of the ILA Committee on the Protection of People at Sea. He has acted as a consultant for the WWF, Oceana, ClientEarth, the European Parliament, the UK Department for Environment, Food and Rural Affairs. He has also provided advice to foreign ministries. He has appeared numerous times before Parliamentary select committees on matters related to law of the sea, fisheries and Brexit. He is on the Editorial Board of International and Comparative Law Quarterly, the International Journal of Marine and Coastal Law, the New Zealand Yearbook of International Law, the German Yearbook of International Law, and the Portuguese Yearbook of the Law of the Sea.…

LCIL International Law Centre Podcast

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(Non-)Defining 'Gender' in the Crimes Against Humanity Draft: Possibilities, Alliances, and Strategies 2:00:20

acum 11 weeks2:00:20

2:00:20

Panel: '(Non-)Defining 'Gender' in the Crimes Against Humanity Draft: Possibilities, Alliances, and Strategies' Feminist activists, country representatives, and other civil society actors have debated how to define “gender” in international criminal law (ICL) for at least three decades. In the Rome Conference that established the International Criminal Court (ICC) and its Statute in 1998, defining “gender” was a hotly debated topic of negotiation. More recently, this debate has resurfaced in the steps leading to the International Law Commission’s Draft Articles for a Crimes Against Humanity Treaty, and continues to be discussed in the deliberations at the Sixth Committee on the Draft Articles. The CAH Convention is now expected to be negotiated between 2026-2029, and, more than a mere point of contention, the concept of ‘gender’ in its text can be crucial for prosecuting sexual and gender-based international crimes and thus fundamental to gender justice efforts worldwide. With this in mind, this roundtable gathers scholars and activists studying and working (often simultaneously) on the definition of gender in international criminal law, in an effort to learn from their specific positionalities, perceptions, and experiences about the challenges, strategies, and possibilities for (non-)defining the term. https://www.lcil.cam.ac.uk/press/events/2025/02/panel-queering-gender-crimes-against-humanity-draft-possibilities-alliances-and-strategies…

LCIL International Law Centre Podcast

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Governing Sovereign Debt Crises: The Case for International Sovereign Insolvency Law - Dr Karina Patrício Ferreira Lima 41:01

acum 11 weeks41:01

41:01

Sovereign debt crises have surged since the end of the Bretton Woods system and currently threaten a lost decade for many countries across the world. Indermit Gill, in the World Bank Group’s 2024 International Debt Report, describes the situation in many of the poorest countries as a ‘metastasising solvency crisis that continues to be misdiagnosed as a liquidity problem’. Despite their severe socioeconomic consequences, no comprehensive legal framework exists to address these crises—arguably the most significant gap in international economic law. This lecture, based on Dr Karina Patrício Ferreira Lima’s forthcoming book Governing Sovereign Debt Crises: The Case for International Sovereign Insolvency Law (Hart Publishing), makes the case for creating such a mechanism under international law. The book challenges prevailing narratives that attribute sovereign debt crises solely to debtor states’ mismanagement or misfortunes, instead arguing that sovereign insolvency is a systemic feature of the international monetary system. Current solutions—voluntary, ad hoc, and fragmented—fail to equitably allocate losses across an increasingly diversified sovereign creditor base, leaving many creditors worse off. At the same time, debtor states and their populations remain vulnerable to macroeconomic crises and enduring austerity, which often lead to long-term economic stagnation. The book adopts a legal political economy approach to illustrate how power asymmetries among stakeholders and the absence of enforceable rules perpetuate inefficiencies and inequities in resolving sovereign debt crises. Drawing on the legal theory of finance, insolvency law, and common resource governance theory, it illustrates how these governance failures result in a dual tragedy: a tragedy of the commons and a tragedy of the anticommons. The lecture will also examine the growing complexity of sovereign debt markets, including the diversification of creditor types, the erosion of ‘gentlemen’s agreements,’ and the limitations of initiatives like the Paris Club and the G20’s Common Framework for debt treatments. It concludes by arguing that only international sovereign insolvency rules can resolve the delays, inefficiencies, and inequities that plague sovereign debt restructuring, while exploring avenues for implementing such a proceeding and discussing the role of domestic law in a well-functioning international sovereign debt architecture. Dr Karina Patrício Ferreira Lima is a Senior Lecturer at the University of Leeds. Her research focuses on the intersection of law, finance, and sovereign debt within the broader context of global economic governance. Her research portfolio covers the legal governance of sovereign debt crises, the law and policy of international financial institutions, and the macroeconomic impact of financial law and regulation. Dr Patrício advises public entities, NGOs, and leading law firms on various aspects of financial and monetary law, including sovereign debt restructuring, financial regulation, and the governance of international financial institutions. Her work has been recognised with prestigious awards, including the 2022 Society of International Economic Law-Hart Prize and the 2022 John H. Jackson Prize, conferred by the Journal of International Economic Law. She also serves as a peer reviewer for top law and social sciences journals globally.…

LCIL International Law Centre Podcast

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The Law of State Succession: Principles and Practice' - Dr Arman Sarvarian 27:36

acum 12 weeks27:36

27:36

Speaker: Arman Sarvarian, University of Surrey Date: Friday Lunchtime Lecture: Friday 31 January 2025 Dr Arman Sarvarian will speak about his forthcoming monograph The Law of State Succession: Principles and Practice to be published by Oxford University Press in April. The product of seven years’ labour of approximately 170,000 words, the work includes a foreword by Professor August Reinisch of the University of Vienna and International Law Commission. The following is the summary of Oxford University Press: 'The Law of State Succession: Principles and Practice provides a comprehensive, practical, and empirical overview of the topic, establishing State succession as a distinct field with a cohesive set of rules. From the secession of the United States of America in 1784 to that of South Sudan in 2011, the book digests and analyses State practice spanning more than two centuries. It is based on research into a wide and diverse range of case studies, including archival and previously unpublished data. Reconstructing the intellectual foundation of the field, the book offers a vision for its progressive development - one that is rooted in an interpretation of State practice that transcends the politics of the codification projects in the decolonization and desovietization eras. The book examines international law on State succession with respect to territorial rights and obligations, State property (including archives) and debt, treaties, international claims and responsibility, as well as nationality and private property (including concessions and investments). Its central focus is identifying the general rules of international law in order to guide States in the negotiation of succession agreements, the interpretation of ambiguous or incomplete provisions, and the regulation of succession in default of specific agreement. A highly relevant work, The Law of State Succession offers governments, judges, legal practitioners, and scholars an authoritative account of the current law. It enables negotiators to identify different legal paths within succession and assists adjudicators in interpreting provisions of succession agreements and regulating questions omitted from such agreements.' The book is available for pre-order at the OUP website. Dr Arman Sarvarian a public international lawyer in academia and private practice. A Reader in Public International Law at the University of Surrey, he regularly acts as legal adviser and counsel to States, companies and individuals. He is counsel to the Republic of Côte d’Ivoire in the pending Obligations of States in respect of Climate Change advisory proceedings of the International Court of Justice and counsel in two pending investor-State arbitrations. Since 2019, he has served as legal adviser to the Republic of Armenia at the Legal Committee of the UN General Assembly for the annual reports of the International Law Commission and International Court of Justice as well as multilateral negotiations on reform of investor-State arbitration in Working Group III of the UN Commission on International Trade Law. He served as judge ad hoc in the Grand Chamber of the European Court of Human Rights in 2020. A generalist of broad interests and expertise, his first monograph Professional Ethics at the International Bar (Oxford University Press, International Courts and Tribunals Series, 19 September 2013) was the first comprehensive work on the subject and has been widely cited, including in proceedings before the International Tribunal for the Law of the Sea, investment arbitrations and the International Court of Justice. His second monograph The Law of State Succession: Principles and Practice will be published by Oxford University Press in April 2025. He is a Humboldt Research Fellow in Climate Change Law at the University of Kiel from 2024 to 2026. Chair: Dr Jamie Trinidad, Centre Fellow…

LCIL International Law Centre Podcast

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Potential Legal Limitations on a Russia-Ukraine Peace Agreement: Gregory Fox 44:18

acum 13 weeks44:18

44:18

Speaker: Gregory Fox, Wayne State University Date: Friday Lunchtime Lecture - Friday 24 January 2025 Summary: Does international law place any constraints on a possible Ukraine-Russia peace agreement? While we can only speculate about its contents, two aspects appear certain: Ukraine will be asked to relinquish (at a minimum) territory now occupied by Russia, and it will only contemplate entering into an agreement because Russia invaded its territory. Professor Fox will examine the implications of these and other factors for the validity of an agreement. Gregory H. Fox is a Professor of Law at Wayne State University School of Law, where he is the Director of the Program for International Legal Studies. Professor Fox is an elected member of the American Law Institute. He has been a Visiting Professor at the University of Michigan Law School and the Universidad Iberoamericana in Mexico City, a Visiting Fellow at the Lauterpacht Research Centre for International Law at Cambridge University, a Fellow at the Max Planck Institute for Public International Law and Comparative Public Law in Heidelberg, Germany, and a Fellow at the Schell Center for Human Rights at Yale Law School, among other institutions. Professor Fox has written widely on a variety of international law topics, including civil war peace agreements, the powers of the UN Security Council, international occupation law, international control of territory, and international efforts to promote democratic governance. His most recent article, Of Looting, Land and Loss: The New International Law of Takings, was published in Volume 65 of the Harvard International Law Journal. Professor Fox was co-counsel to the State of Eritrea in the Zukar-Hanish arbitration with the Republic of Yemen concerning the status of a group of islands in the southern Red Sea. He has also served as counsel in several human rights cases in US courts. Professor Fox was the recipient of a MacArthur Foundation/Social Science Research Council Fellowship in International Peace and Security. He began his career in the Litigation Department of the firm Hale & Dorr, now WilmerHale. He is a graduate of Bates College and New York University Law School.…

LCIL International Law Centre Podcast

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Friday lecture: 'International Law, Marxist State Theory, and the Many Ends of Decolonization' - Prof Umut Özsu, Carleton University 44:28

acum 21 weeks44:28

44:28

Lecture summary: Many political economists, economic historians, and historical sociologists understand the transition from the 1970s to the 1980s as involving a shift from debates about inflation, oil shocks, floating currencies, and the New International Economic Order to neoliberalism's political and ideological breakthrough, first in the industrialized states of the North Atlantic and shortly thereafter in much of the global South. By contrast, among most scholars of international law, the 1980s are remembered chiefly for signalling the effective close of the decolonization era, and with it the struggle to transform and reconstruct international law to meet the demands of 'economic' in addition to 'political' sovereignty. This talk puts these two perspectives into conversation. Drawing mainly from the work of Simon Clarke and Nicos Poulantzas, core figures in the Marxist state-theoretical debates of the 1970s and 1980s, the talk examines changes to prevailing conceptions of economic development and international human rights at the end of the decolonization era in light of broader structural changes in the juridicopolitical architecture of capitalist states. Umut Özsu is Professor of Law and Legal Studies at Carleton University. His research interests lie mainly in public international law, the history and theory of international law, and Marxist critiques of law, rights, and the state. He is the author of Formalizing Displacement: International Law and Population Transfers (OUP, 2015) and Completing Humanity: The International Law of Decolonization, 1960–82 (CUP, 2023). He is also co-editor of the Research Handbook on Law and Marxism (Elgar, 2021) and The Extraterritoriality of Law: History, Theory, Politics (Routledge, 2019), as well as several journal symposia.…

LCIL International Law Centre Podcast

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LCIL-CILJ Annual Lecture 2024: 'In the shadow of trade: a critique of Global Health Law' - Prof Sharifah Sekalala, University of Warwick 35:16

acum 23 weeks35:16

35:16

Lecture summary: In this talk Sharifah Sekalala examines this critical moment in the making of Global Health Law, with two treaty making processes: the newly finalised revisions of the International Health Regulations and ongoing negotiations by the Intergovernmental Negotiation Body for a possible pandemic Accord or Instrument, as we well as soft-law proposals for the World Health Organization proposal for a medical countermeasures platform. The lecture will illustrate that despite the laudable objectives of creating a new system of international law that attempts to redress previous inequalities in accessing vaccines and countermeasures, they are unlikely to meet these broader objectives. The lecture will argue that this is because, despite being a public good, Global Health Law has always been underpinned by capitalist and post-colonial rationales which privilege trade. In order to make lasting changes, the current system of Global Health Law must focus on broader questions of ‘reparations’ that will achieve greater equity. Sharifah is a Professor of Global Health Law at the University of Warwick and the Director of the Warwick Global Health Centre. She is an interdisciplinary researcher whose work is at the intersection of international law, public policy and global health. Professor Sekalala is particularly focused on the role of human rights frameworks in addressing global health inequalities. Her research has focused on health crises in Sub-Saharan Africa, international financing institutions and the rise of non-communicable diseases and she has published in leading legal, international relations and public health journals. Prof Sekalala is currently the PI on a Wellcome-Trust-funded project on digital health apps in Sub-Saharan Africa. Professor Sekalala is a Fellow of the Academy of Social Sciences (FaSS) and she has consulted on human rights and health in many developing countries and worked for international organisations such as UNAIDS, the WHO and the International Labour Organisation (ILO). Her research has also been funded by the Wellcome Trust, GCRF, ESRC, Open Society Foundation and international organisations including the International Labour Organisation and the WHO. Sharifah also sits on the Strategic Advisory Network of the ESRC. Sharifah holds a PhD in Law (Warwick, 2012), an LLM in Public International Law (Distinction in research, Nottingham, 2006) and an LLB Honours (Makerere University, Uganda 2004). She was called to the Ugandan Bar in 2005.…

LCIL International Law Centre Podcast

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Friday Lecture: 'Global Re/Ordering Through Norms - A Methodological Stocktake' - Prof Antje Wiener, University of Hamburg 37:08

acum 24 weeks37:08

37:08

Lecture summary: The United Nations Charter order (UNCO) and the co-evolved liberal international order (LIO) are contested with a heretofore unknown force. The steep rise in contestations in the realm of public politics rather than the courtroom demonstrates a shift from normal contestation as a source of legitimacy and ordering towards deep contestation as a political challenge of foundational elements of liberal order. Today, not only in the Global South but also across Europe and North America, sceptics of globalization on the political left and nationalist-populists on the political right are challenging the fundamental pillars of the LIO (i.e., democracy, economic openness, and multilateralism). The process is paired by growing contestations of international law that is codified in the UN Charter including contestation of core norms of the UNCO (i.e., non-intervention, human rights, and sovereignty). While the effect of deep contestation is unknowable, we do know however that normal contestation is the essence of everyday politics. The clash of interests, norms, and ideas is entirely normal. Yet, contestation can also be degenerative, moving political outcomes away from desired ends through ad hoc and perhaps inconsistent compromises. As core norms of the LIO and UNCO have become deeply contested, we require a better understanding about the expected effects. Access to contestation as the right to speak and participate in political decisions is a necessary condition for normative legitimacy and mutual recognition of the norms that govern us. Achieving this condition involves struggles about norm(ative) meaning-in-use which take place on distinct sites of global order. This raises a question about time, substance, and norm(ative) change in global order more generally and, more specifically, which elements of international order ought to be retained. The lecture posits that the observed qualitative shift from constitutive everyday contestations towards potentially degenerative political contestation calls for a methodological stocktake of how contestations work with regard to global re/ordering, i.e. whose practices count and whose norms ought to count in that process? Professor Antje Wiener FAcSS, MAE, holds the Chair of Political Science, especially Global Governance at the University of Hamburg where she is a member of the Faculty of Business and Social Sciences as well as the Law Faculty. She is an elected By-Fellow of Hughes Hall University of Cambridge, a Fellow of the UK’s Academy of Social Sciences, and a Member of the Academia Europea. Her research and teaching centres on International Relations theory, especially norms research and contestation theory. Previously she held Chairs in International Studies at Queen’s University Belfast and the University of Bath and taught at the Universities of Stanford, Carleton, Sussex and Hannover. Current research projects include ‘Contested Climate Justice in Sensitive Regions’ at the Cluster of Excellence Climate, Climatic Change and Society (CLICCS) as well as ‘Doing Theory – From Where and What For? A Backpackers’ Guide to Knowledge Production’ at the Centre for Sustainable Society Research (CSS) among others. With James Tully, she is co-founding editor of Global Constitutionalism (CUP, since 2012 ). And she also edits the Norm Research in International Relations Series (Springer). She serves on several Committees of the Academy of Social Sciences . In 2021, she concluded her second three-year term as elected member of the Executive Committee of the German Political Science Association (DVPW). Her book ‘Contestation and Constitution of Norms in Global International Relations’ (CUP 2018) was awarded the International Law Section’s Book Prize in 2020. And her most recent book ‘Contesting the World: Norm Research in Theory and Practice’ co-edited with Phil Orchard was published with CUP in 2024.…

LCIL International Law Centre Podcast

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Friday lunchtime lecture: 'The Rapidly Progressing Proposal for an International Anti-Corruption Court' - Judge Mark L Wolf 40:51

acum 25 weeks40:51

40:51

Lecture summary: Grand corruption – the abuse of public office for private gain by a nation's leaders (kleptocrats) - has devastating consequences. As then UN High Commissioner for Human Rights Navi Pillay said, the amount lost to corruption each year is enough to feed the world's hungry 80 times over. Grand corruption contributes to climate change and is a major impediment to ameliorating it. The refugees creating humanitarian and political crises around the world are largely fleeing failed states ruled by kleptocrats. Grand corruption is antithetical to democracy. Indignation at grand corruption has prompted uprisings in many countries and created grave dangers for international peace and security. Grand corruption does not thrive and endure in many countries because of a lack of laws. 186 UN member states are parties to the UN Convention against Corruption (UNCAC). Virtually all of them have the laws required by the UNCAC criminalizing corrupt conduct, and international obligations to enforce them against their corrupt leaders. However, kleptocrats have impunity in the countries they rule because they control the police, the prosecutors, and the courts. Therefore, the proposed International Anti-Corruption Court (IACC) is urgently needed. It will be a court of last resort, to prosecute kleptocrats and their private conspirators, for violating treaty counterparts of the laws of countries that are unwilling or unable to do so themselves. Successful prosecutions, and civil suits, in the IACC will result in the recovery and repatriation of stolen assets. The imprisonment of kleptocrats, who are among the worst abusers of human rights, will create opportunities for the democratic process to replace them with leaders dedicated to serving their citizens rather than enriching themselves. It will also deter others tempted to emulate their example. The effort to establish the IACC is rapidly progressing. It has been publicly endorsed by: more than 350 world leaders, including 55 former Presidents and Prime Ministers; the European Parliament; the Netherlands, Canada, Ecuador, Nigeria, Moldova, and the UK Labour Party before it recently took office. Many other countries have privately expressed support for the IACC or strong interest in seriously considering the treaty being drafted to establish it that will be ready to be reviewed in early 2025. Speaker: Mark L. Wolf is a Senior United States District Judge and Chair of the Integrity Initiatives International (III), which has catalyzed and is coordinating the campaign to create the IACC. Prior to his appointment in 1985, Judge Wolf served as a Special Assistant to the Attorney General of the US after Watergate and as the chief federal corruption prosecutor in Massachusetts. He has taught a course on combatting corruption internationally at the Harvard Kennedy School of Government. He has spoken on the role of a judge in a democracy, human rights issues, and combatting corruption in many countries, including Russia, China, Ukraine, Turkey, the Czech Republic, Slovakia, Slovenia, Romania, Hungary, Egypt, Cyprus, Panama, Colombia, Mexico, Norway, the United Kingdom, France, the Netherlands, and at the Vatican.…

LCIL International Law Centre Podcast

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The Eli Lauterpacht Lecture 2024: 'The Right to Self Determination: Chagos, the Caribbean and the Occupied Palestinian Territory (OPT)' - Judge Patrick Robinson 56:00

acum 27 weeks56:00

56:00

Lecture summary: Part 1 of the Lecture focuses on the development of the right to self-determination as a rule of customary international law and its application to the Chagos Archipelago, Africa and the Commonwealth Caribbean. The adoption of Resolution 1514 by the General Assembly of the United Nations on December 14, 1960 was a decisive element in the development of the customary character of the right to self-determination. After that transformational development it was colonial peoples, not colonial powers, who determined their independence and its form e.g. whether based on a republican system or a UK parliamentary system. Thus, after that time the colonial powers were under an obligation to respect the right of colonial peoples to ‘freely determine their political status’, and any breach of that obligation would entail their international responsibility. Part 11 addresses the status of the right to self-determination as a norm of jus cogens, and concludes that on the basis of the relevant evidentiary material, the right to self-determination is a peremptory norm of general international law. Part 111 focuses on the right to self-determination in relation to the Occupied Palestinian Territory. Disappointment is expressed at the lack of clarity in the ICJ’s treatment in its recent Advisory Opinion of the jus cogens character of the right to self-determination in cases of foreign occupation. Speaker: Judge Patrick Robinson 1. In 1964 graduated from the University College of the West Indies -London with a Bachelor of Arts degree in English, Latin and Economics. 2. In 1968, called to the Bar at Middle Temple, in which year also completed the LLB degree from London University. In 1972, completed the LLM degree in International Law at Kings College, London University. 3. Jamaica’s representative to the Sixth (Legal) Committee of the UN General Assembly from 1972 to 1998. Led treaty -making negotiations on behalf of Jamaica in several areas, including extradition, mutual legal assistance and investment promotion and protection. 4. From 1988 to 1995, served as a member of the Inter American Commission on Human Rights, including as the President in 1991. From 1991 to 1996, member of the International Law Commission. From 1995 to 1996, member of the Haiti Truth and Justice Commission. 5. In 1998 elected a Judge of the International Criminal Tribunal for the former Yugoslavia and served as the Tribunal’s President from 2008 to 2011; presided over the trial of Slobodan Milosevic. 6. In 2020 appointed Honorary President of the American Society of International Law (ASIL); in that capacity, in collaboration with ASIL and the University of the West Indies, organized two International Symposia which led to the launch on June 8, 2023 of the historic Report on Reparations for Transatlantic Chattel Slavery (TCS) in the Americas and the Caribbean, which quantified for the first time the reparations due from the practice of TCS in the Caribbean, Central America, South America and North America. 7. Elected a Judge of the International Court of Justice in 2014 and demitted office on February 5, 2024. The Eli Lauterpacht Lecture was established after Sir Eli's death in 2017 to celebrate his life and work. This lecture takes place on a Friday at the Centre at the start of the Michaelmas Term in any academic year. These lectures are kindly supported by Dr and Mrs Ivan Berkowitz who are Principal Benefactors of the Centre.…

LCIL International Law Centre Podcast

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Friday Lecture: 'The Duty to Cooperate and the Role of Independent Expert Bodies: The Case of the High Level Panel of Legal Experts on Media Freedom and the Media Freedom Coalition of States' - Can… 48:47

acum 28 weeks48:47

48:47

Lecture summary: At a time where questions abound about the state and future of international cooperation and compliance across the international legal system, this lecture will consider the new partnership of countries established in 2019 to promote and protect media freedom globally – the Media Freedom Coalition of States. The Coalition offers a new paradigm that seeks to answer some of the systemic challenges to State cooperation and compliance today, here in the area of freedom of expression, and one that puts independent experts in international law at the very centre of its institutional and operational framework. The lecture will chart the establishment and work of the Coalition, through the perspective of its independent panel of legal experts, the High Level Panel of Legal Experts on Media Freedom, and the Panel’s work advising States and international organisations across a broad panoply of media freedom issues, and answering requests by international courts and tribunals to intervene in cases of public importance engaging Article 19 of the ICCPR and UDHR. It will focus on examples of areas where specific recommendations by legal experts have already been turned into State policy and practice (for instance, with the creation and implementation of an emergency visa for journalists at risk), and areas where the progress towards implementation has been altogether more challenging. Five years on from its establishment, the Media Freedom Coalition finds itself at a crossroads, while its tri-partite structure of States, legal experts, and civil society is already being replicated by States in other areas of international legal cooperation and compliance. Speaker Biography: Can Yeğinsu is a barrister practising from 3 Verulam Buildings in London where he practises in commercial litigation, international commercial and investment arbitration, public law and human rights, and public international law. Prof Yeğinsu is also a long-standing member of the Law Faculties of Georgetown Law, Columbia Law, and Koç University Law School where he teaches courses on public international law, including courses on international dispute settlement, international human rights, and international investment law. He is a Senior Fellow at Columbia Law School’s Human Rights Institute, and serves on the Executive Council of the American Society of International Law. In 2022, Prof Yeğinsu was appointed by the Lord Neuberger of Abbotsbury, with Catherine Amirfar, to succeed Amal Clooney as the Deputy Chair of the High Level Panel of Legal Experts on Media Freedom, having served as a member of the Panel since its established in 2019.…

LCIL International Law Centre Podcast

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Book launch: The Art and Craft of International Environmental Law (Second Edition) 43:47

acum 41 weeks43:47

43:47

Professor Daniel Bodansky’s seminal and widely acclaimed book The Art and Craft of International Environmental Law was first published in 2010. In contrast to other general works on international environmental law, the book focused on the processes of developing, implementing, and enforcing international environmental law rather than on legal doctrine. In order to comprehensively analyse these processes, the book is highly interdisciplinary, relying not only on the legal toolkit but integrating perspectives and lenses of political science and economics, as well as philosophy, sociology, and anthropology. This year, Oxford University Press published the second edition of The Art and Craft of International Environmental Law, co-authored by Prof Daniel Bodansky and LCIL Centre Fellow, Prof Harro van Asselt. Aside from the co-authorship, this second edition differs in several important aspects from the previous edition, in order to adequately reflect the important developments that international environmental law has witnessed during the last decade. At this event, Professors Bodansky and van Asselt will provide an overview of the approach to international environmental law taken in this second edition, highlighting the ways in which it differs from the first. This presentation is intended to subsequently lead to a discussion on developments specifically in the international climate change regime, including prospects for the Paris Agreement and the recent request for an advisory opinion from the International Court of Justice on climate change.…

LCIL International Law Centre Podcast

1
LCIL Friday Lecture: 'Staging international law: order and disorder in an inter-agency meeting' - Prof Guy Fiti Sinclair, Auckland Law School 39:41

acum 49 weeks39:41

39:41

Lecture summary: A growing body of interdisciplinary scholarship explores overlaps and interactions among different normative and institutional branches of international law. This lecture contributes to this scholarship through a case study of relations among international organizations in the mid-1960s, when several emerging political fault lines – between East and West, between ‘developed’ and ‘developing’ countries, and between the established specialized agencies and newer institutions – brought the coherence of the international legal order into doubt. Drawing on original archival research, the lecture focusses on a single inter-agency meeting, held in Geneva in early July 1966, where these fault lines were exposed and debated at length. Through this case study, the lecture aims to expand our understanding of the impact of international organizations championed by actors in the Global South in this period, the reactions they provoked from others, and the potential and limits of international legal reform through such institutional means. As a technology for representing, knowing, and managing inter-organizational relations, the study of inter-agency meetings offers insights into both micro- and macro-level processes in international law, and the links between them. To this end, the lecture develops a concept of ‘staging’ to analyze the work of assembling and choreographing heterogeneous elements with the aim of producing a particular performance of international legal ordering. As a multilayered concept, ‘staging’ invokes and enables the study of international law’s material, spatial, and temporal dimensions. The lecture shows that, as much as staging international law implies scripting, direction, and rehearsal, it also inevitably entails improvisation, accident, and error. Guy Fiti Sinclair is an Associate Professor and the Associate Dean (Pacific) at Auckland Law School, The University of Auckland. He holds first degrees in law and history, and a Doctor of Juridical Science (JSD) from New York University School of Law. His research and teaching focusses on the doctrine, theory, and practice of international law, often in historical perspective and with particular focuses on international organisations law, international economic law, and law and global governance. His first book, To Reform the World: International Organizations and the Making of Modern States (Oxford: Oxford University Press, 2017), was awarded the European Society of International Law Book Prize in 2018. Guy’s current research includes a project on institutional interactions in the construction and contestation of international economic law, funded by a Marsden Fast Start Grant from Te Apārangi | Royal Society of New Zealand. In 2023, he began work on a major research project on international legal ordering in Oceania/the Pacific, supported by a Rutherford Discovery Fellowship from the Royal Society of New Zealand.…

LCIL International Law Centre Podcast

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LCIL Friday Lecture: ''Mistakes' in War' - Prof Oona Hathaway, Yale Law School 45:43

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Lecture summary: In 2015, the United States military dropped a bomb on a hospital in Afghanistan run by Médecins Sans Frontières, killing forty-two staff and patients. Testifying afterwards before a Senate Committee, General John F. Campbell explained that “[t]he hospital was mistakenly struck.” In 2019, while providing air support to partner forces under attack by ISIS, the U.S. military killed dozens of women and children. Central Command concluded that any civilian deaths “were accidental.” In August 2021, during a rushed withdrawal from Afghanistan, the U.S. military executed a drone strike in Kabul that killed ten civilians, including an aid worker for a U.S. charity and seven children in his family. The Pentagon later admitted it was a “tragic mistake.” In these cases and others like them, no one set out to kill the civilians who died. Such events are usually chalked up as sad but inevitable consequences of war - as regrettable “mistakes.” In this lecture, based on a forthcoming co-authored article, Professor Oona Hathaway will examine the law on “mistakes” in war. She will consider whether and when the law holds individuals and states responsible for “mistakes.” To see how the law works, or fails to work, in practice, she will examine the US military’s own assessments of civilian casualties. She will show that “mistakes” are far more common than generally acknowledged. Some errors are, moreover, the predictable - and avoidable - result of a system that does too little to learn from its mistakes. She will focus her remarks on the United States, both because of its global military operations and because of the power of its example to shape global practices. The United States is far from alone, however. Thus, lessons learned from its failures can be instructive for other states as well.…

LCIL International Law Centre Podcast

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LCIL Friday Lecture: 'Elephants not in the room: Decoupling, dematerialisation and dis-enclosure in the making of the BBNJ Treaty' - Dr Siva Thambisetty, LSE 44:47

acum 1 year44:47

44:47

Lecture summary: This lecture examines the treatment of marine genetic resources (MGR) in the negotiations and the text of the new Treaty on Biodiversity Beyond National Jurisdiction (BBNJ). The Treaty provides a coherent governance framework for MGR including an unexpected techno-fix to the most longstanding problem of biodiversity governance, some normative novelty on principles, and a trendsetting approach to valuation of aggregate usage of genetic resources. Yet, this painstakingly formed framework continues to be buffeted by self-interested attempts to redefine and relitigate the value of genetic resources; particularly around decoupling use from access to genetic resources, dematerialisation from physical resources and dis-enclosure under legal frameworks, all of which are now stable features in this and other Treaty-making contexts. How can we better characterise the success of the BBNJ Treaty in a way that helps resist de facto erosion following ratification? Relevant papers: S Thambisetty ‘The Unfree Commons: Freedom of Marine Scientific Research and the Status of Genetic Resources Beyond National Jurisdiction (Dec 4, 2023) LSE Legal Studies Working Paper No. 24/2023 87 Modern Law Review (2024) Forthcoming S Thambisetty, P Oldham, C Chiarolla, The Expert Briefing Document: A Developing Country Perspective on the Making of The BBNJ Treaty (September 21, 2023). LSE Legal Studies Working Paper No. 30/2023, Available at SSRN: https://ssrn.com/abstract=4580046 or http://dx.doi.org/10.2139/ssrn.4580046 P Oldham, Paul C Chiarolla, S Thambisetty, Digital Sequence Information in the UN High Seas Treaty: Insights from the Global Biodiversity Framework-related Decisions (January 30, 2023). LSE Law - Policy Briefing Paper No. 53, Available at SSRN: https://ssrn.com/abstract=4343130 or http://dx.doi.org/10.2139/ssrn.4343130…

LCIL International Law Centre Podcast

1
LCIL Friday Lecture: 'Natural Resources in International Law - The Political Economy of Sovereignty and the Postcolonial Order' - Prof Sigrid Boysen, Helmut Schmidt University 40:56

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Lecture summary: From European colonialism to the ‘post’colonial constellation, modern international law has developed in parallel with the changing legal forms of industrialised countries’ access to the natural resources of the global South. Following this development, we can see how imperial environmentalism was translated to the transnational law of natural resources. The historic perspective also highlights that the specific ambivalence of colonial and postcolonial environmental protection (exploitation vs. protection) is an ambivalence built into international law itself. In accordance with its colonial origins, international law has institutionalised a specific path to economic growth and development that presupposes and stabilises a world order supported by the industrialised countries of the North. At the same time, with the principle of equal sovereignty and self-determination, it recognises difference from the dominant economic and industrial culture as a political principle. Analysing international law’s approach to natural resources also directs our attention to changing ideas of nature and to the heart of international law's anthropocentrism, questioning its efficacy in tackling the ecological crisis. What we see here is an extractivist rationality that is intrinsically linked to the commodification of natural resources and green economy approaches in international environmental law. Last not least, a natural resource perspective highlights the fact that the legal concepts devised to determine how we share the world’s resources entail distributive processes among humans themselves. Sigrid Boysen is Professor of International Law at Helmut Schmidt University in Hamburg and a Judge at the Hamburg State Constitutional Court. She serves as editor-in-chief of the international law review ‘Archiv des Völkerrechts’, has held positions as Visiting Research Fellow at Princeton University (2014), the Institute for Global Law & Policy at Harvard Law School (2021/22) and is currently Fernand Braudel Fellow at the Law Department of the European University Institute in Florence. Her research focuses on international law with a particular focus on the theory of international law, the law of natural resources, environmental justice, international environmental and economic law, and constitutional law. Recent publications include Die postkoloniale Konstellation. Natürliche Ressourcen und das Völkerrecht der Moderne, Mohr Siebeck 2021; ‘Postcolonial Global Constitutionalism’, in: Lang and Wiener (eds.), Handbook on Global Constitutionalism, 2nd ed. 2023, 166-184.…

LCIL International Law Centre Podcast

1
Hersch Lauterpacht Memorial Lectures 2024: 'International Borders in an Interdependent World' - Lecture 3: 'Where Cooperative Border Governance (Should) Lead: Interstate Borders as Though People… 1:07:01

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The Hersch Lauterpacht Memorial Lecture is an annual three-part lecture series given in Cambridge to commemorate the unique contribution to the development of international law of Sir Hersch Lauterpacht. These lectures are given annually by a person of eminence in the field of international law. This year's lecture was given by Prof Beth Simmons, University of Pennsylvania. Summary: The Golden Age of globalization has reached an end in the popular and political imagination. In its place has arisen growing anxiety about state borders. What is the evidence of such a shift? What are the causes and consequences? What answers does international law have for how international borders should be governed, especially as human mobility intensifies? Traditional international law defining and settling borders will not suffice to answer these questions. Instead, the lectures explore a different approach that views international borders as institutions that obligate states to manage the tensions that territorial governance implies in an interdependent world. 6 pm Thursday 14 March 2024 Lecture 3: Where Cooperative Border Governance (Should) Lead: Interstate Borders as Though People Mattered The lecture culminates by addressing ways forward in the light of Lectures 1 and 2. First, it explores the ways that border unilateralism has had some results that are inconsistent with international human rights. Second, it suggests possibilities for addressing rights violations committed in the name of “border sovereignty.” While international law is not equipped to address all of the injustices and anxieties associated with international borders, it does offer cooperative levers and lenses that can help address and arrest some of its worst consequences. Chair: Eyal Benvenisti…

LCIL International Law Centre Podcast

1
Hersch Lauterpacht Memorial Lectures 2024: 'International Borders in an Interdependent World' - Lecture 2: 'Treaties and Neighbors: Recovering the Cooperative Roots of International Bordering' -… 1:03:56

acum 1 year1:03:56

1:03:56

The Hersch Lauterpacht Memorial Lecture is an annual three-part lecture series given in Cambridge to commemorate the unique contribution to the development of international law of Sir Hersch Lauterpacht. These lectures are given annually by a person of eminence in the field of international law. This year's lecture was given by Prof Beth Simmons, University of Pennsylvania. Summary: The Golden Age of globalization has reached an end in the popular and political imagination. In its place has arisen growing anxiety about state borders. What is the evidence of such a shift? What are the causes and consequences? What answers does international law have for how international borders should be governed, especially as human mobility intensifies? Traditional international law defining and settling borders will not suffice to answer these questions. Instead, the lectures explore a different approach that views international borders as institutions that obligate states to manage the tensions that territorial governance implies in an interdependent world. 6 pm Wednesday 13 March 2024 Lecture 2: Treaties and Neighbors: Recovering the Cooperative Roots of International Bordering Territorializing political authority was a violent affair. Borders are implicated in that violence. But this lecture foregrounds their cooperative international legal roots as well. In theory, borders divide by agreement. That is their purpose. Any border worth its salt impacts relationships between states, communities and individuals. The obligation, then, is to address that impact. This lecture explores international legal resources for cooperative border management, which is subject, as always, to international legal obligations. Chair: Surabhi Ranganathan…

LCIL International Law Centre Podcast

1
Hersch Lauterpacht Memorial Lectures 2024: 'International Borders in an Interdependent World' - Lecture I: 'Setting the stage: Border Anxiety in an Interdependent World' - Prof Beth Simmons,… 1:01:09

acum 1 year1:01:09

1:01:09

The Hersch Lauterpacht Memorial Lecture is an annual three-part lecture series given in Cambridge to commemorate the unique contribution to the development of international law of Sir Hersch Lauterpacht. These lectures are given annually by a person of eminence in the field of international law. This year's lecture was given by Prof Beth Simmons, University of Pennsylvania. Summary: The Golden Age of globalization has reached an end in the popular and political imagination. In its place has arisen growing anxiety about state borders. What is the evidence of such a shift? What are the causes and consequences? What answers does international law have for how international borders should be governed, especially as human mobility intensifies? Traditional international law defining and settling borders will not suffice to answer these questions. Instead, the lectures explore a different approach that views international borders as institutions that obligate states to manage the tensions that territorial governance implies in an interdependent world. 6 pm Tuesday 12 March 2024 Lecture I: Setting the stage: Border Anxiety in an Interdependent World Even as interstate territorial aggrandizement has waned over the decades, border anxiety around the world is on the rise. A rich array of physical and rhetorical evidence from satellite imagery to discourse analysis supports this point. International borders have become a flashpoint for political demands and policies that insist on unilateralism. Yet “sovereign borders” misconstrue the very purposes – and consequences – of bordering. Can an International Law of borders move from its traditional focus on border fixity to border management? That will be the focus of Lecture 2. Chair: Sandesh Sivakumaran…

LCIL International Law Centre Podcast

1
LCIL Friday Lecture: 'Re-Imagining International Monetary and Financial Law' - Prof Michael Waibel, University of Vienna 38:52

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38:52

Lecture summary: This lecture considers what Josef Kunz termed “swings of the pendulum” in international monetary and financial law and the formal and informal institutions in these related fields. International monetary law exploded in importance after the Second World War with the creation of the International Monetary Fund (IMF) and a global system of managed exchange rates. With the collapse of the Bretton Woods system in 1971 and a decline in capital controls, the IMF evolved from a dominant institution into a peer of central banks and private markets, providing surveillance of the “non-system” of floating exchange rates and assisting in responses to financial crises. By contrast, international financial law, which was of limited importance during the Bretton Woods era, has become a major soft law force in the global financial sector since the Basel Committee on Banking Supervision was created in 1974. The dichotomy between profit maximization and systemic risk at the core of global finance today is overseen and guided by the technocrats of the Basel Committee, the Financial Stability Board and other institutions of international financial law. Today, the pendulums of international monetary and financial law may be reversing again. Armed conflict, rising authoritarianism, growing fragmentation of the global financial system, and a revival of capital controls and other restrictions on capital flows could reinvigorate international monetary law and the IMF. This institution has reimagined itself multiple times already while staying true to its original mandate of safeguarding monetary stability. Michael Waibel is a professor of international law at the University of Vienna. His teaching and writing focus on international law, international economic law, sovereign debt and international dispute settlement. He received the Deák Prize of the American Society of International Law, the Book Prize of the European Society of International Law and a Leverhulme Prize for his research. He is Co-General Editor of the ICSID Reports (with Jorge Viñuales) and Co-Editor-in-Chief of the Journal of International Economic Law (with Kathleen Claussen and Sergio Puig).…

LCIL International Law Centre Podcast

1
LCIL Friday Lecture: 'Victimhood: Gender as Tool and Weapon' - Prof Vasuki Nesiah, NYU GALLATIN 38:54

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Lecture summary: This paper looks at the political purchase of International Conflict Feminism (ICF) in helping constitute the normative framework guiding and legitimizing laws and policies advanced under the rubric of Countering Violent Extremism (CVE). It attends to how these have intersected with the work of the international criminal court (ICC) in new modalities of lawfare that have taken place against the backdrop of Security Council action, including its military interventions in Muslim majority countries. These intertwined projects – ICF, CVE and International Criminal Law – can be situated in the dominant structures of global governance that have rendered their driving logics the thinkable default option, and their legitimacy the dominant common sense for diverse groups, from feminist lawyers to military strategists. This analysis comes together in reading the Al Hassan case at the ICC as the grain of sand through which we examine the universe at the crossroads of sharia panic, sex panic and security panic. Vasuki Nesiah teaches human rights, legal and social theory at NYU Gallatin where she is also faculty director of the Gallatin Global Fellowship in Human Rights. She has published on the history and politics of human rights, humanitarianism, international criminal law, reparations, global feminisims, and decolonization. Nesiah was awarded the Jacob Javits Professorship (2022), Gallatin Distinguished Teacher Award in 2021 and the NYU Dr. Martin Luther King Jr. Faculty Award in 2020. Her current book projects include International Conflict Feminism (forthcoming from University of Pennsylvania Press) and Reading the Ruins: Colonialism, Slavery, and International Law. A founding member of Third World Approaches to International Law (TWAIL), she is also co-editing TWAIL: A Handbook with Anthony Anghie, Bhupinder Chimni, Michael Fakhri, and Karin Mickelson (forthcoming from Elgar).…

LCIL International Law Centre Podcast

1
LCIL Friday Lecture: 'International Law and Communications Infrastructure: A History' - Dr Daniel Joyce, Faculty of Law & Justice, UNSW Sydney 34:25

acum 1 year34:25

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Lecture summary: This research examines international law’s longstanding entanglement with communications infrastructure. There is increasing concern regarding the rise of private global power in the form of global digital platforms and their model of information capitalism. This paper responds by focusing on historical connections between international law and infrastructure as a means of examining their relationship in the global communications context. This reveals a longer trajectory to current interest in information capitalism’s effects on international life. Current concerns focus on the power of private digital platforms and the networked communicative infrastructure they maintain for the global economy. Introducing an historical perspective to such debates highlights infrastructure’s ongoing connections to violence and exploitation. This points to the wider and constitutive role of infrastructure in international life and underscores the need to address the blending of public and private forms of power in global governance. While the technologies driving change and re-appraisal within the contemporary international legal imagination are clearly distinct, viewing infrastructure as regulation in the current day requires us to confront continuing patterns of inequality and discrimination, which in turn can be connected with a longer international legal history. Such a focus can also help to explain how the traditional form of international law as a limited system of positive rules and of managerial ordering came to dominate the legal imagination and entrench a state-centrism which now appears anachronistic in light of the reality of private power and its concentration on the international plane. Dr Daniel Joyce is an Associate Professor at the Faculty of Law & Justice, UNSW Sydney. He specialises in international law, media law and human rights. Daniel is an Affiliated Research Fellow at the Erik Castrén Institute at the University of Helsinki, an Associate of the Australian Human Rights Institute and a member of the Allens Hub for Technology, Law & Innovation. His monograph Informed Publics, Media and International Law was published by Hart in 2020. He is a visiting fellow at LSE Law School from September 2023 until March 2024.…

LCIL International Law Centre Podcast

1
Friday Lecture: 'Reclaiming Agency: Indigenous Peoples and the Turn to History in International Law' - Dr Lucas Lixinski, UNSW Sydney 33:39

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Lecture summary: In this talk, Lucas Lixinski examines the erasure of Indigenous perspectives from the literature on the turn to history in international law. Considering the turn to history’s promise to offer alternative imaginations by recovering history, it is somewhat surprising and disappointing that so much of this turn is narrated from the perspective of colonisers. Lixinski unpacks the implications of this turn to Indigenous agency and victimhood, and leverages alternative retellings of Indigenous peoples’ engagement with European international law that focus on Indigenous agency, diplomacy, and power. The talk fundamentally challenges what we take for granted in emancipatory international legal projects, and offers possibilities for rethinking how we do international legal history. Dr Lucas Lixinski is Professor at the Faculty of Law & Justice, UNSW Sydney. His research interests main centre on international human rights adjudication and international cultural heritage law, and sometimes international legal history especially in relation to rights. His latest monograph is Legalized Identities: Cultural Heritage Law and the Shaping of Transitional Justice (Cambridge University Press, 2021), which he started developing while a visitor at the Lauterpacht Centre in 2018.…

LCIL International Law Centre Podcast

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LCIL Lecture: 'Maritime crimes and the 'interdiction' of ships without nationality' - Prof Loureiro Bastos, University of Lisbon 46:41

acum 1 year46:41

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Lecture summary: After the conclusion of the United Nations Convention on the Law of the Sea and the entry into force of its Article 108, the subject of maritime crimes has experienced many important developments. Indeed, at present, States have to deal with criminal actions which did not exist in the classical International Law of the Sea. Relevant examples include kidnapping and hostage-taking at sea, maritime terrorism offences, the smuggling of migrants by sea, illicit oil and fuel illicit activities in the maritime domain and the maritime crime of illicit traffic in narcotic drugs and psychotropic substances by sea. The issue of jurisdiction to fight this type of maritime crimes may be complex, especially when the flag State does not respect its duties under the International Law of the Sea. Practice has shown that difficulties in acting can be particularly stormy when dealing with the fight against the maritime crime of illicit traffic in narcotic drugs and psychotropic substances by sea. In these terms, the starting point for a contemporary analysis of the issue of interdicting ships without nationality in relation to maritime crimes can be a question of a general nature: when fighting against illicit drug trafficking must the principle of the exclusive jurisdiction of the flag state really be considered untouchable? Professor Fernando Loureiro Bastos is Associate Professor of Public Law at the Faculty of Law, University of Lisbon. He is Head of the Research Group on International and European Law of the Lisbon Public Law Research Centre and President of the Portuguese Society of International Law (Portuguese Branch of the International Law Association) and a member of the ILA Committee on International Law and Sea Level Rise. He has served as Co-Agent and Counsel of the Republic of Guinea-Bissau, Case 19 – M/V “Virginia G”, ITLOS (2011-2014). Commentator: Dr Tor Krever, ‘Piracy as a maritime crime’. Chair: Mr Stratis Georgilas (G-H Law Chambers, Athens)…

LCIL International Law Centre Podcast

1
LCIL-CILJ Annual Lecture 2023: 'Trade Law Policing on the Factory Floor: Next Generation Agreements and their Corporate Accountability Tools' - Prof Kathleen Claussen, Georgetown Law 1:01:00

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The LCIL and Cambridge International Law Journal (CILJ) are pleased to invite you to the LCIL-CILJ Annual Lecture Lecture summary: Recent pathbreaking trade agreements empower trade policymakers to target foreign companies in novel ways and to police corporate due diligence in global supply chains rather than seek to change foreign government behavior as used to be their purview. This repurposing of our trade enforcement system has the power to transform dramatically the global commercial system, the bargains it manages, the procedures applicable to it, and the rights and obligations of all involved. This research project maps the institutional ascent of this revealed practice, which it maintains was the product of disillusionment with the intellectual pedigrees of conventional trade law. The project evaluates our trade policing in light of the progressive aims policymakers have set for it, taking into account the many constituencies on whom the burdens fall unevenly. This excavation exposes how our trade police do not operate like other widely accepted forms of law enforcement or of international law bureaucracy. Tactics like those in the new arsenal bear close resemblance to the practices of authoritarian governments that seek to provoke acquiescence without process. The project’s assessment prescribes lessons for the several disciplines trade policing touches, including for the way scholars and lawmakers conceive of what bodies of law, tools, and actors are best suited to manage transnational corporate behavior and for concepts of compliance in international law. Finally, this project demonstrates that, as a corporate accountability system, trade policing has leapfrogged efforts by fields with similar aims like business and human rights, and the policing tools we have so far are just the tip of the iceberg. Kathleen Claussen is a leader in international economic law and procedure and has served as arbitrator, counsel, expert, public servant, and teacher. Her expertise covers several topics of international law, especially trade, investment, international business and labor; dispute settlement and international dispute bodies; national security and cybersecurity law; and, administrative law issues surrounding U.S. foreign relations and transnational agreements. Professor Claussen has served as a visiting faculty member or invited researcher at numerous institutions around the world, including Northwestern University Pritzker School of Law, the University of Cambridge Lauterpacht Centre for International Law where she was a Brandon Fellow, the Graduate Institute of International and Development Studies in Geneva, the iCourts Center of Excellence at the University of Copenhagen, the George C. Marshall Center for Security Studies, the University of Zurich and Collegium Helveticum, and the World Trade Institute. Prior to joining the Georgetown faculty in 2023, she was a member of the faculty at the University of Miami School of Law for five years.…

LCIL International Law Centre Podcast

1
Friday Lecture: 'The 'Common Law Method': British Approaches to the Development of International Law' - Dr Devika Hovell, LSE 1:01:30

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1:01:30

Lecture summary: For better or for worse, the ‘English school’ or ‘British tradition’ of international law has eluded systematization or definition. The lecture pursues the argument that it is possible to identify clear synergies in the mainstream legal method of British international lawyers, focusing on British approaches to the doctrine of self-defence. It should not be surprising that this method follows in the common law tradition, displaying the tradition's three key hallmarks of (1) connection to social practice, (2) focus on courts and (3) an anti-theoretical tendency. Identity and analysis of these characteristics helps us to understand the distinctive contribution of British approaches to international law and the work this 'common law method' has done in strengthening and shaping international law. Identifying these characteristics is also important in order to understand the more problematic implications of their application in the international legal context. The common law method has consequences for the structure and direction of the international legal system, including the parameters of its community, the site of its authority and the role of theory in its development. Reflection on these strengths and weaknesses helps us better understand British contributions to international law. Paradoxically, the route to a more universal international law requires us first to understand the ways in which it is plural. Devika Hovell is an Associate Professor in Public International Law at the London School of Economics. She holds a doctorate from the University of Oxford, a Master of Laws from New York University and an Arts/Law degree from the University of Western Australia. She served as Associate to Justice Kenneth Hayne at the High Court of Australia, and as judicial clerk at the International Court of Justice in the Hague, before starting her academic career at the University of New South Wales. She joined the London School of Economics in 2012. She is author of The Power of Process (edited by Oxford University Press) and has published articles in a range of journals, including the American Journal of International Law, the European Journal of International Law, the Leiden Journal of International Law and the Modern Law Review. The article the subject of this lecture will be published in the centennial volume of the British Yearbook of International Law. She is on the Editorial Board of the European Journal of International Law and is one of four editors of the international law blog, EJIL Talk!.…

LCIL International Law Centre Podcast

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LCIL Friday Lecture: 'Exiting the Energy Charter Treaty under the Law of Treaties' - Dr Tibisay Morgandi, Queen Mary University of London & Professor Lorand Bartels, University of Cambridge 55:26

acum 2 years55:26

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Lecture summary: The Energy Charter Treaty was concluded in 1994 on the assumption that fossil fuels could continue to be used for the foreseeable future. This article examines how ECT contracting parties can now withdraw from this treaty for climate change reasons without being subject to its 'sunset' clause, which protects existing investments for 20 years. It evaluates several strategies, including amendment and inter se agreements, and withdrawal on the basis of a fundamental change of circumstances (rebus sic stantibus). That fundamental change is not climate change itself, which was foreseen in 1994. It is the fact that, as recently stated by the IPCC, fossil fuels now need urgently to be abandoned, resulting in significant stranded assets. This was then unforeseen and radically transforms the extent of the ECT’s obligation to continue to protect existing fossil fuel investments for another 20 years. The article finally considers the implications of such a withdrawal for remaining contracting parties under Article 70 VCLT. Dr Tibisay Morgandi is a Lecturer (Assistant Professor) in International Energy and Natural Resources Law at Queen Mary University of London, School of Law. Professor Lorand Bartels is Professor of International Law, University of Cambridge.…

LCIL International Law Centre Podcast

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LCIL Friday Lecture: 'The Evolving UN Climate Regime: (Professed) Ambition at the cost of (Real) Equity?' - Professor Lavanya Rajamani, University of Oxford 35:35

acum 2 years35:35