116th ASIL ANNUAL MEETING

April 6-9

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Can You Hear Me? Speech and power in the global digital town square

Debate: Is Global Justice (Re)Turning to Restorative Approaches? Should it?

Climate Change and Global Migration: Locating international law in the defining crisis of our times

Debate: Trade, International Law, and Workers: Is the system working?

Transnational Discovery of E-Evidence: Is there a best practice? (Organized by the Private International Law IG)

Policy Keynote: Wendy Sherman, U.S. Deputy Secretary of State

International Law and the Corporate Lawyer: Advising clients in times of global change

Closing Plenary: International Law Needs People: Humanitarian arms control and the peace movement (Organized by ASIL & the T.M.C. Asser Institute) (Sponsored by the Municipality of the Hague)

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SESSION INFORMATION

This Session is Sponsored By:

American University Washington College of Law

Session Description

With the modern marketplace of ideas and discourse increasingly centered online on digital platforms, cutting across territorial borders and communities, international law scholars and practitioners are grappling with challenging questions of who gets to speak, who gets heard, and perhaps most importantly, who gets to decide or to influence the answer to such questions. A critical confrontation of international law in the information age, its impact is felt at the individual, community and global level in social movements and regulation that requires the participation of governments and private corporations. This will be explored in a cutting-edge roundtable that brings together legal experts from various disciplines, including human rights, technology law and social activism. They will address what the right to free speech means in the digital age; whether there are issues specific to the right being thus exercised that international law does not have ready answers to; and if iterative rules are demanded or are being applied at present, what actors ought to be involved and the power dynamics it occasions. As the paradigm shift in how international law operates in our individual daily life continues to play out, are we prepared, and will we be heard?

 

Speakers:

  • Emma Llansó, Center for Democracy and Technology
  • Jacquelene Mwangi, Harvard Law School
  • Catherine Powell (moderator), Fordham Law School
  • Arsalan Suleman, Foley Hoag LLP

Early global efforts to promote justice for large-scale human rights violations had a significant restorative focus, with truth commissions often being the modality of choice. In particular, the South African Truth and Reconciliation Commission was touted as a model of restorative accountability. Beginning with the establishment of the ad hoc tribunals, however, global justice took a sharp turn toward the punitive. The ICC is premised on the idea that “the most serious crimes of concern to the international community as a whole must not go unpunished.” International human rights courts have struck down amnesties for international crimes, and the United Nations has refused to support amnesty provisions in peace agreements. Civil society organizations have declared that there can be “No Peace Without (criminal) Justice,” and scholars have identified a duty to prosecute serious human rights violations. On this panel, scholars and activists will debate whether the global community is beginning, or should begin, a (re)turn toward restorative approaches to justice for widespread human rights abuses. Evidence of such a return arguably exists, for instance, in the Colombian peace agreement, which makes space for amnesties and community service for certain serious human rights violations, including war crimes, as well as in the ICC’s response to the Colombian efforts.

 

Speakers:

  • Almudena Bernabeu, Guernica Centre for International Justice
  • Christian De Vos, Physicians for Human Rights
  • James Goldston, Open Society Foundations
  • Alexandra Huneeus, University of Wisconsin Law School
  • Wayne Jordash (moderator), Global Rights Compliance LLP

There is no crisis more urgent today to tackle than climate change. It has a devastating impact on millions – floods, forest fires, food insecurity – which is only set to become more pronounced. The impact on the everyday life of individuals is undeniable. A looming problem to grapple with is how international law adapts and interprets the climate crisis in relation to global migration and displacement – within borders, as well as across borders. There are multiple issues that arise from this phenomenon, that we are only just beginning to comprehend. Are norms that have evolved relating to refugee law adequate in encompassing the new patterns of migration that will emerge as a result of climate change, or do we need to bring a new perspective and approach to these issues? How do inhabitants of low-lying island states – that are in danger of complete annihilation – articulate legal claims and remedies? How will climate displacement affect atrocity prevention efforts, given competition and conflict over scarce resources? The impact of these questions on the daily lives of millions makes this a critical discussion, for us and for future generations.

 

Speakers:

  • Madeline Garlick, Office of the UN High Commissioner on Refugees
  • Cecilia Jimenez-Damary, UN Special Rapporteur on the human rights of internally displaced persons
  • Walter Kälin, Envoy of the Chair of the Platform on Disaster Displacement
  • Sanjula Weerasinghe (moderator), International Federation of the Red Cross and Red Crescent Societies

Rising populism is driven by the perception—if not the reality—that there is a disconnect between the ambitions of elites and the concerns of ordinary working people. Key international law doctrines are being challenged in this environment, particularly in the area of international trade. Trade liberalization has been good for consumers, exporters (including farmers), and many multinational corporations, but it has subjected workers to intense wage competition from countries with low wages and questionable human rights records. Is international law, as embodied in the global trading system, a threat to working people? Does it have any relevance at all? Are there situations in which policymakers in the United States should prioritize compliance with international law and norms over policies that benefit its own citizens, particularly the most vulnerable? This session will explore international law’s effects on and relevance for workers and farmers. The Trump Administration responded to concerns about the effects of international trade rules on working people by breaking conventions and aggressively pursuing policies intended to rebalance trade. The Biden Administration despite differences in tone and tactics has by and large accepted key tenets of its predecessor’s trade policy, seeking to adopt a “worker-focused” trade policy. What is the impact of these developments, and can internationalists offer a compelling critique or push an alternative vision? These topics will be the subject of a debate between leading critics of the international trading system and leading defenders.

 

Speakers:

  • Daniel Ikenson, CATO Institute
  • Lori Wallach, Global Trade Watch
  • Alexandra Whitaker (moderator), Chief Trade Counsel, US House of Representatives

Increasingly issues arise surrounding transnational access to evidence in electronic formats in dispute resolution proceedings. Currently there is no comprehensive solution to cross-border gathering of electronic stored information and regulations in the area remain a patchwork of divergent instruments. Over the past few years, private practitioners and in-house counsels have had to familiarize themselves with various discovery rules, data privacy laws and data localizations laws to ensure that when they transfer data in manners in compliance with strict requirements on cross-border data transfers. On the other hand, the current private international law framework seems outdated for the rapidly changing transnational e-evidence discovery needs. This rapid response panel addresses issues concerning cross-border conflicts of e-evidence in party-managed processes and whether there is a “best practice” for adjudicators and parties to co-develop such a protocol. This session will facilitate a conversation between panelists and audience members around individual practitioners’ experiences in complying with transnational e-discovery rules and tools.

 

Speakers:

  • Megan Crowley, Covington & Burling LLP
  • Vivian Curran, University of Pittsburgh School of Law
  • Rekha Rangachari (moderator), New York International Arbitration Center
  • Carrie Shang (moderator), California State Polytechnic University, Pomona
Policy Keynote: Wendy Sherman, U.S. Deputy Secretary of State
 
 
 
 
 
 
 
 
 

This panel discussion explores the relevance of international law for corporate compliance, investor relations, and mergers & acquisitions (M&A). It will begin by examining the relationship between international law norms and environmental, social, and governance (ESG) standards that are increasingly demanded of corporations by investors, regulators, consumers, and other stakeholders. Among other topics, panelists will discuss why investors are concerned about international law and how they have engaged with corporations about their concerns; the relevance of international law for the selection of targets and business partners in M&A, as well as the performance of transaction due diligence; the potential impact of the newly proposed European Commission Mandatory Human Rights and Environmental Due Diligence Directive, and advising corporate clients in times of armed conflict. These developments highlight the various challenges that corporate lawyers encounter when advising clients in a rapidly changing world that demands that they consider the social, political, environmental, and ethical implications of corporate conduct.

 

Speakers:

  • Carliss Chatman, Washington & Lee University
  • Anita Dorrett, Investor Alliance for Human Rights
  • Jon Drimmer, Paul Hastings
  • Carmen X. Lu, Wachtell, Lipton, Rosen & Katz

Nuclear war, whether big or small, would have disastrous consequences for humankind. Nuclear arms control is crucial – not least in light of the humanitarian consequences. Given the failure of nuclear weapon states to implement Article VI of the Nuclear Non-Proliferation Treaty (NPT), NGOs and governments of non-nuclear weapon states pushed for the Treaty for the Prohibition of Nuclear Weapons (TPNW). Civil society has played a decisive role in bringing this treaty about – even though both nuclear weapon states and the majority of related states abstained from the negotiations. While the relationship between the NPT and the TPNW includes complex challenges, the movement is building on efforts by civil society, epistemic communities, and the general public to work towards humanitarian arms control. There is momentum for a new peace movement that challenges government and expert ownership of international law and can build on earlier experiences with Bertha von Suttner and the Hague Peace Conferences at the end of the 19th century, and the American Society of International Law’s own roots in the late 19th Century American peace movement. Is there both a need and the opportunity to enhance international law and increase law-making and implementation by leveraging these non-legal actors? Experts from diplomacy, civil society groups, and academia will discuss this challenging topic.

 

Speakers:

  • Angela Kane, Vienna Center for Disarmament and Non-Proliferation
  • Ambassador Alfredo Labbe, National Academy for Political and Strategic Studies, Santiago
  • Thilo Marauhn (moderator), T.M.C. Asser Instituut for International and European
  • Emma Verhoeff, Embassy of the Netherlands to the United States
  • Jody Williams, International Campaign to Ban Landmines

See What’s Happening Later

9:00 – 10:00 am
Friday, April 8, 2022

Session Name: Can You Hear Me? Speech and power in the global digital town square

10:30 – 11:30 am
Friday, April 8, 2022

Session Name: Debate: Is Global Justice (Re)Turning to Restorative Approaches? Should it?

12:00 – 1:00 pm
Friday, April 8, 2022

Session Name: Climate Change and Global Migration: Locating international law in the defining crisis of our times

2:00 – 3:00 pm
Friday, April 8, 2022

Debate: Trade, International Law, and Workers: Is the system working?

3:30 – 4:30 pm
Friday, April 8, 2022

Session Name: Transnational Discovery of E-Evidence: Is there a best practice? (Organized by the Private International Law IG)

5:00 – 6:00 pm
Friday, April 8, 2022

Policy Keynote: Wendy Sherman, U.S. Deputy Secretary of State

9:00 – 10:00 am
Saturday, April 9, 2022

Session Name: International Law and the Corporate Lawyer: Advising clients in times of global change

10:30 am – 12:00 pm
Saturday, April 9, 2022

Closing Plenary: International Law Needs People: Humanitarian arms control and the peace movement (Organized by ASIL & the T.M.C. Asser Institute) (Sponsored by the Municipality of the Hague)

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