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Palestine and Kosovo have become members of the Permanent Court of Arbitration

19/06/2016 – 11:41 am | One Comment

The number of States Member to the Permanent Court of Arbitration (PCA) has increased to 121. Some of the last States to join this international arbitration mechanism are Djibouti, the Bahamas, and Palestine and Kosovo.
The process of accession of Palestine and Kosovo to the 1907 Convention (one of the two founding conventions of the PCA, the other being the 1899 Convention) was put under review …

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Academia, Conference, Event, International Economic Law, International Investment Law, University »

PluriCourts Conference: ‘Adjudicating international trade and investment disputes: between interaction and isolation’, 25-26 August, Oslo

19/06/2016 – 12:06 pm |

The PluriCourts Centre of Excellence at the University of Oslo will host a two day conference on international trade and investment disputes.

The conference will take place on Thursday and Friday, August 25-26 at the Faculty of Law, University of Oslo, Norway.

The webpage with the final programme and registration information is available here.

For more information, please contact: Daniel Behn, PluriCourts (d.f.behn@jus.uio.no)

The conference will focus on the relationship, interactions and comparisons between the international trade and investment regimes in the context of adjudication of disputes.

The conference will present research from the disciplines of law and political science relating to three themes:

1) the new mega-regionals;

2) comparisons and practices;

3) cross-fertilization and learning.

Historically, the global regulation of international trade and investment relations have been closely interrelated; but in the post-war period, international trade law and international investment law developed on largely divergent paths. While international trade regulation has culminated in a multilateral regime with a permanent dispute settlement mechanism, the international regulation of foreign direct investment is primarily governed by 3500 essentially bilateral treaty relationships calling for ad hoc investor – state arbitration potentially to be hosted by a variety of international institutions. Despite these seemingly distinct structures, there is a recent trend that some say signal a move towards regime convergence: most clearly seen in the rise of mega-regional free trade agreements (FTAs) with investment chapters.

This potential convergence may be deceiving, however. The investment chapters of FTAs remain separate from the rest of the agreements and provide for distinct rules and procedures on dispute settlement. Moreover, issues of overlap between trade chapters and investment chapters have not been resolved, which means that the same case could possibly be raised simultaneously in two separate disputes under the same FTA. Legal disputes based on investment chapters in FTAs to date (ie under the NAFTA and DR-CAFTA) appear to interpret the investment protection chapters as standalone agreements with little or no reference to other sections of the FTAs.

Despite the limitations to integration that this new generation of trade and investment agreements may represent, there are other areas of interaction between the trade and investment regimes that could provide better evidence of a gradual move towards cohesion. This conference will look at the development of the new mega-regionals, but also the ways (or lack thereof) that the trade and investment regimes share practices and cross-fertilize. Below you will find the conference programme.

Conference program:

 Adjudicating international trade and investment disputes: between interaction and isolation

 Thursday, August 25

9:00 – 9:15

Welcome and introduction to the conference

 Daniel Behn, Ole Kristian Fauchald, Geir Ulfstein and Michelle Zang, PluriCourts

9:15 – 10:30

The new mega-regionals

The mega-regionals: innovation versus imitation?

Manfred Elsig, World Trade Institute

Envisioning a model role for mega-regionals in international economic law

Tania Voon, University of Melbourne

10:45 – 12:30

The new mega-regionals – paper presentations

Chair and discussant: Jose Alvarez, New York University

International trade law in China: from paternalism to partnership

Greg Shaffer, University of California – Irvine

The scope of investment protection under newly negotiated FTAs: piecemeal reaction or serious reassessment?

Kate Parlett, 20 Essex Street

Participatory aspects of investor-state dispute settlement in the EU ‘new wave’ trade agreements

Joanna Jemielniak and Gunes Ünüvar, University of Copenhagen

The creeping multilateralization of investment dispute resolution under EU trade and investment agreements

Hannes Lenk, University of Gothenburg

1:15 – 3:00

The new investment court proposal – panel debate and discussion

Moderators: Daniel Behn and Malcolm Langford, PluriCourts

Completion of the legal analysis by the WTO appellate body – lessons for an appeal tribunal of an international investment court

Nicholas Lamp, Queens University

The Appellate Body of the WTO: obiter dicta, judicial economy, interpretation and the ban on adding obligations or diminishing rights

Lothar Ehring, DG Trade

Debate: Debating the pros and cons of the new EU investment court proposal

Julie Maupin, Max Planck Institute

Nikos Lavranos, EFILA

 3:15 – 4:00

Cross-fertilization and learning

Converging divergences: a common law of international economic relations

Sunjoon Cho, Chicago-Kent College of Law

4:15 – 6:00

Cross-fertilization and learning – paper presentations

Chair and discussant: Laurence Boisson de Chazournes, University of Geneva

Cross-fertilization between the international trade and investment regimes

Markus Wagner, University of Warwick

Judicial interaction between trade and investment adjudication: theoretical foundation and empirical constraints

Michelle Zang, PluriCourts

Entry rights and investment in services: convergence between regimes?

Murilo Otavio Lubambo de Melo, University College London

The driving forces of the convergence of WTO dispute settlement mechanism and international investment arbitration

Fenghua Li, Renmin University of China

7:00

Dinner for speakers

Introduction: Geir Ulfstein, PluriCourts

The multiplicity of international courts and tribunals: factors of convergence and divergence

Georges Abi-Saab, Graduate Institute

 Friday, August 26

9:15 – 10:30

Comparisons and practices

Comparative judicial practices: comparing dissent practices in the trade and investment regimes

Jeff Dunoff and Mark Pollack, Temple University

Comparing the East African and Caribbean Courts of Justice: explaining judicial behavior

Theresa Squatrito, PluriCourts

10:45 – 12:30

Comparisons and practices – paper presentations

Chair and discussant: J. Christopher Thomas, National University of Singapore

Do different treaty purposes matter for the interpretation of WTO agreements and investment agreements

Graham Cook, World Trade Organization

The use of public international law sources in WTO dispute settlement (with a side glance to the approach taken by investment tribunals)

Vitaliy Pogoretskyy, Advisory Centre on WTO law

Approaches to external precedent: invocation of international decisions in investment arbitration and WTO dispute settlement

Niccolo Ridi, King’s College London

Sharing interpretive functions between states and tribunals

Yuliya Chernykh, University of Oslo

 1:30 – 2:45 Roundtable discussion – between isolation and interaction?

Moderator: Ole Kristian Fauchald, PluriCourts

 Georges Abi-Saab, Graduate Institute

Jose Alvarez, New York University

Laurence Boisson de Chazournes, University of Geneva

Giorgio Sacerdoti, Bocconi University

  1. Christopher Thomas, National University of Singapore

3:00 – 4:45

Comparisons and practices – paper presentations

Chair and discussant: Giorgio Sacerdoti, Bocconi University

Regime shifting of IPR law-making and enforcement to international investment law

James Gathii and Cynthia Ho, Loyola University Chicago

On the interchangeability of trade and investment disputes: potential risks and opportunities

Andreas Ziegler, University of Lausanne

Adjudicating performance requirements disputes: blurring lines of trade and investment dispute settlement

Julien Chaisse, Chinese University of Hong Kong

Can a court’s function adequately explain the exercise of inherent powers: a comparison of the powers of the WTO Appellate Body and ICSID tribunals

Ridhi Kabra, University of Cambridge

 Conference Organizers:

Daniel Behn, Postdoctoral Researcher, PluriCourts

Ole Kristian Fauchald, Professor of Law, PluriCourts

Geir Ulfstein, Professor of Law and Co-Director, PluriCourts

Michelle Zang, Postdoctoral Researcher, PluriCourts

Lex Petrolea – Reality or Myth?, London, 21 June 2016

20/05/2016 – 11:07 am |

 The Institute of International Shipping and Trade Law of Swansea University will organise a joint one-day seminar on the subject of Lex Petrolea with the Center for Energy, Law, and Business of University of Texas Law School on 21 June 2016 in London.
For the flyer see here.
For further information see here.

6th World Congress Against the Death Penalty, Oslo, 21-23 June 2016

12/05/2016 – 6:26 pm |

Since 2001, Together Against the Death Penalty (ECPM) organises the World Congresses Against the Death Penalty. These international events bring together thousands of members of civil society, political representatives, lawyers and journalists from the five continents with the aim of developing new strategies for universal abolition. After Strasburg in 2001, Montreal in 2004, Paris in 2007, Geneva in 2010 and Madrid in 2013, Oslo is hosting the 6th World Congress from …

12th Annual Conference of the European Society of International Law (ESIL), Riga, 8-10 September 2016

12/05/2016 – 2:53 pm |

The 12th ESIL Annual Conference will be held in Riga on Thursday 8 – Saturday 10 September 2016. ESIL Interest Group events will be organised, as usual, on the day before the conference, on Wednesday 7 September.
The theme of the conference is: How International Law Works in Times of Crisis.
The conference is hosted by the Riga Graduate School of Law in cooperation with the Latvian Constitutional …

A Virtual Wall of Shame: The New Way of Imposing Reputational Sanctions on Defiant States

03/05/2016 – 2:13 pm |

iCourts associate professor Shai Dothan has published a new paper: “A Virtual Wall of Shame: The New Way of Imposing Reputational Sanctions on Defiant States”. The article is forthcoming in the Duke Journal of Comparative and International Law.
Abstract:
What happens after an international court finds a state violated international law? Many realize today that states often fail to comply with such judgments. International …

The Internationalisation of Constitutional Law: An Australian Perspective

13/04/2016 – 10:44 am |

By Katherine Quinn
Katherine is an Australian lawyer currently studying a Masters in International Public Law at the University of Oslo.  She completed her Bachelor degree in law at the Australian National University in Canberra.  Previously she has worked as an Associate to Judge Warwick Neville in the Federal Circuit Court of Australia and completed an internship at the United Nations High Commissioner for Refugees.  She …

Eighteenth Summer Session of Salzburg Law School on International Criminal Law, Humanitarian Law and Human Rights Law, ‘Achieving International Criminal Justice by Safeguarding the Principle of Equality for Unequal Perpetrators of Crimes Under International Law’

08/04/2016 – 12:23 pm |

The Salzburg Law School on International Criminal Law, Humanitarian Law and Human Rights Law (SLS) welcomes applications for its Eighteenth Summer Session, Sunday 31 July to Wednesday 10 August 2016. Under the title ‘Achieving International Criminal Justice by Safeguarding the Principle of Equality for Unequal Perpetrators of Crimes Under International Law’, SLS 2016 will assess the roles and interplay of individual perpetrators within a macro-criminal context from …

iCourts lanches new database on international courts

05/04/2016 – 1:58 pm |

Today the Centre of Excellence for International Courts (iCourts) embedded in the Faculty of law, University of Copenhagen, lauched a new and original database on international courts.
The database makes the judgments of international courts easily accessible to researchers and can be accessed at www.icourts.dk.
The database currently makes two datasets available on the case law of the Court of Justice of the European Union (CJEU). In …

CfP: ‘International Law and a Dynamic Asia’, Asian Society of International Law Regional Conference, Ha Noi, 14-15 June 2016

03/04/2016 – 11:48 am | One Comment

Asian Society of International Law Regional Conference
‘International Law and a Dynamic Asia’
Ha Noi, 14-15 June 2016 
The 2016 Regional Conference of the Asian Society of International Law will take place in Ha Noi, Viet Nam, hosted by the Diplomatic Academy of Vietnam. The Conference will consist of plenary sessions and a number of agorae. In addition, the Conference will feature two special agorae on the …

Tribunal convicts Radovan Karadžić for crimes in Bosnia and Herzegovina and sentences him to 40 years imprisonment

27/03/2016 – 5:36 pm |

* Post based entirely on the ICTY Press Release, 24 March 2016. An analysis of the main factual and legal findings of this case will follow in early April.
For more information on the case visit the following links:
Radovan Karadžić Case – Key information & Timeline
Judgment Summary
Judgment, four volumes compiled
Trial Chamber III of the International Criminal Tribunal for the former Yugoslavia (ICTY) today convicted Radovan Karadžić, former President …

iCourts working paper no. 50 published

21/03/2016 – 2:32 pm |

The Centre of Excellence for International Courts (iCourts) has published its 50th working paper.
You can access all 50 working papers here.
Working paper number 50: “EU Law Classics in the Making: Methodological Notes on Grands Arrêts at the European Court of Justice” was written by professor Antoine Vauchez of Université Paris 1 Panthéon-Sorbonne and permanent visiting professor to iCourts. The abstract reads:
To a large extent, EU …

Reminder: Call for Papers on ‘General Issues in International and European Law’

15/03/2016 – 8:06 am |

The Utrecht Journal of International and European Law is issuing a Call for Papers to be published in its 83rd edition in summer 2016 on ‘General Issues’ within International and European law.
The Board of Editors invites submissions addressing any aspect of International and European law; topics may include, but are not limited to, European Union law, International and European
Human Rights Law, International and European Criminal Law, Transnational …

CfP: The International Law of Military Operations: Mapping the Field, 21–23 June 2016, Exeter, United Kingdom

09/03/2016 – 12:33 pm |

Conference Theme
Military deployments in the territory of other States are subject to a diverse range of rules under international law. In recent years, it has become increasingly common to refer to these rules as ‘operations law’ or the ‘international law of military operations’.
Despite the growing popularity of the term, its meaning and utility remain uncertain. The rules of international law governing military operations are complex …

“The Variable Authority of International Courts:” New special issue of Law and Contemporary Problems

07/03/2016 – 12:51 pm |

“The Variable Authority of International Courts” is the result of a collective endeavour to contribute original and multidisciplinary perspectives on the proliferation and impact of international courts. The volume features articles from widely recognized as well as up-and-coming scholars of internationational courts.
All articles in the special issue can be accessed directly here
The special issue of Law and Contemporary Problems (vol. 79, no. 1, 2016) was …

Call for Papers for the John Westlake Prize

24/02/2016 – 4:49 pm |

This Call for Papers concerns the John Westlake Prize, instituted by the late James B. Scott. All papers relating to the topic on ‘Dispute Settlement before International Courts and Tribunals’ can be submitted to the Institute of International Law until the 31st of December 2016.
Additional information regarding the Prize Regulation can be found on http://justitiaetpace.org/scott.php?lang=eng

CfP: “The Rule of Law in Areas of Limited Statehood: Internal and International Dilemmas”, 27-28 June 2016 and 29-30 September 2016

23/02/2016 – 3:04 pm |

The Leuven Centre for Global Governance Studies, the Lauder School of Governance, Diplomacy and Strategy, IDC (Herzliya), and Konrad Adenauer Stiftung are pleased to announce a call for papers for two workshops on “The Rule of Law in Areas of Limited Statehood: Internal and International Dilemmas”. The workshops will take place in Herzliya (Israel) on 27-28 June 2016 and Leuven (Belgium) on 29-30 September 2016.
Areas …

Professor (or Associate Professor) in Legal Theory/Political Philosophy at PluriCourts

19/02/2016 – 11:18 am |

Professor (or Associate Professor) in Legal Theory/Political Philosophy
A position as professor (or associate professor) in Legal Theory/Political Philosophy is announced at PluriCourts. The application deadline is 1 April.
Job Description
A position as professor (or associate professor) is announced at PluriCourts, a Centre for the Study of the Legitimate Roles of the Judiciary in the Global Order. PluriCourts is a multidisciplinary Centre of Excellence at the Department …

Professor (or Associate Professor) in International Economic Law at PluriCourts

19/02/2016 – 11:16 am |

Professor (or Associate Professor) in International Economic Law
A position as professor (or associate professor) in International Economic Law is announced at PluriCourts. The application deadline is 1 April.
Job Description
A position as professor (or associate professor) is announced at PluriCourts, a Centre for the Study of the Legitimate Roles of the Judiciary in the Global Order. PluriCourts is a multidisciplinary Centre of Excellence at the Department …

Three Postdoctoral Fellowships on the Legitimacy of International Courts and Tribunals (PluriCourts)

19/02/2016 – 11:10 am |

Postdoctoral Fellowships on the Legitimacy of International Courts and Tribunals
PluriCourts announces up to three 3-year positions as postdoctoral research fellow studying international courts and tribunals in the following fields: human rights, trade, international criminal law or the environment. Deadline: 21 March 2016.
Job Description
Up to three 3 year postdoctoral fellowships are available at PluriCourts, a Centre for the Study of the Legitimate Roles of the …