fall 2014 international and comparative law newsletter

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INTERNATIONAL AND COMPARATIVE LAW Perspectives FALL 2014 ISSUE PERSPECTIVES 1, 5–6 WHAT’S NEW 1 RECENT EVENTS 2–7 RECENT FACULTY PUBLICATIONS, ACTIVITIES, AND HONORS 8–11 A defining feature of GW Law’s international and comparative law program is the excellence of its faculty. Known for its breadth and depth, the faculty has members who are well-versed in both international law and comparative law. Many faculty members also straddle both public and private dimensions of international problems. One person who takes such an expansive approach is Professor Karen B. Brown, Donald Phillip Rothschild Research Professor of Law. Karen special- izes in international tax law, a subject Understanding the World through Tax: A Profile of Karen B. Brown to which she was drawn while pursuing a JD degree, and later an LLM, at New York University. While her international focus is shaped largely by treaties, with a particular emphasis on those between the United States and other states, she also brings a comparative analysis to international tax. Karen is particularly intrigued by “different approaches coun- tries take and the vastly different policy choices they make” in their treatment of emerging nations. So, how did Karen develop her inter- national and comparative angle? Like many legal academics, Karen developed an international focus while in college. At Princeton University, she majored in Romance languages and literature and specialized in French. Princeton found her a job—also known as a “stage”—in a fashionable épicerie (a high end food emporium) named Hédiard. While enjoying leftover chocolates, croissants, and pastries, she honed her French and discovered the joy of meeting people from different cultures. As Karen describes it, “I found it fascinating how certain ways of using language signaled the uniqueness in people, but I was also surprised at the similarities across borders, races, colors, and creeds.” She returned to college thinking about how international law would enable her to “understand the way in which the special language of law sepa- rated and united people.” With that in Sean Murphy: Fighting Crimes Against Humanity T he U.N. International Law Commission has appointed Sean D. Murphy, Patricia Roberts Harris Research Professor of Law, as a Special Rapporteur for crimes against humanity. In this role, Professor Murphy will guide the Commission in drafting an inter- national treaty that will reach the U.N. General Assembly. “The idea in the treaty is to address a current gap in interna- tional law,” he said. “Unlike genocide and serious war crimes, we have no treaty that regulates inter-state cooperation—such as extradition and mutual legal assistance— on the other core crime of international law, crimes against humanity.” n continued on page 5 THE GEORGE WASHINGTON UNIVERSITY LAW SCHOOL PERSPECTIVES WHAT’S NEW Karen B. Brown

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Page 1: Fall 2014 International and Comparative Law Newsletter

RECENT EVENTS

INTERNATIONAL AND COMPARATIVE LAWPerspectives

FALL 2014 ISSUE

PERSPECTIVES 1, 5–6

WHAT’S NEW 1

RECENT EVENTS 2–7

RECENT FACULTY PUBLICATIONS, ACTIVITIES, AND HONORS 8–11

A defining feature of GW Law’s international and comparative law program is the excellence of

its faculty. Known for its breadth and depth, the faculty has members who are well-versed in both international law and comparative law. Many faculty members also straddle both public and private dimensions of international problems.

One person who takes such an expansive approach is Professor Karen B. Brown, Donald Phillip Rothschild Research Professor of Law. Karen special-izes in international tax law, a subject

Understanding the World through Tax: A Profile of Karen B. Brown

to which she was drawn while pursuing a JD degree, and later an LLM, at New York University. While her international focus is shaped largely by treaties, with a particular emphasis on those between the United States and other states, she also brings a comparative analysis to international tax. Karen is particularly intrigued by “different approaches coun-tries take and the vastly different policy choices they make” in their treatment of emerging nations.

So, how did Karen develop her inter-national and comparative angle? Like many legal academics, Karen developed an international focus while in college. At Princeton University, she majored in Romance languages and literature and specialized in French. Princeton found her a job—also known as a “stage”—in a fashionable épicerie (a high end food emporium) named Hédiard. While enjoying leftover chocolates, croissants, and pastries, she honed her French and discovered the joy of meeting people from different cultures. As Karen describes it, “I found it fascinating how certain ways of using language signaled the uniqueness in people, but I was also surprised at the similarities across borders, races, colors, and creeds.” She returned to college thinking about how international law would enable her to “understand the way in which the special language of law sepa-rated and united people.” With that in

Sean Murphy: Fighting Crimes Against Humanity

The U.N. International Law Commission has appointed Sean D. Murphy, Patricia Roberts

Harris Research Professor of Law, as a Special Rapporteur for crimes against humanity. In this role, Professor Murphy will guide the Commission in drafting an inter-national treaty that will reach the U.N. General Assembly. “The idea in the treaty is to address a current gap in interna-tional law,” he said. “Unlike genocide and serious war crimes, we have no treaty that regulates inter-state cooperation—such as extradition and mutual legal assistance—on the other core crime of international law, crimes against humanity.” ncontinued on page 5

T H E GEORGE WA SHI NGTON U N I V ER SIT Y L AW SCHOOL

PERSPECTIVES

WHAT’S NEW

Karen B. Brown

Page 2: Fall 2014 International and Comparative Law Newsletter

2 THE GEORGE WASHINGTON UNIVERSITY LAW SCHOOL

On April 7 the International and Comparative Law Program hosted The Rt. Hon. Lord Mance, Justice of the Supreme Court of the United Kingdom, who presented the 2014 Shulman Foundation Lecture. In October 2009 the

Supreme Court replaced the Appellate Committee of the House of Lords as the highest court in the United Kingdom. Lord Mance and nine other Lords of Appeal became Justices of the Supreme Court upon that body’s inauguration. Lord Mance reflected on the court’s first five years. n

Treaty Survival

Can existing or contemplated trea-ties remain effective in an era of rapid change? What tools enable

international lawyers to assist the inter-national community in addressing this and related questions? These were among the issues addressed by a panel of experts that gathered on April 19 to consider the effectiveness of treaties over time, with particular emphasis on the adaptability of treaties to present-day challenges. The event was co-sponsored by the United Nations Law Committee, the American Branch of the International Law Association, and GW Law’s International and Comparative Law Program. n

Lord Mance with students after his talk.

Professor Sean Murphy, GW Law and member, U.N. International Law Commission; Professor Georg Nolte, Humboldt University of Berlin and member, U.N. International Law Commission; Professor Duncan Hollis, Temple University Beasley School of Law; and Arnold Pronto, Senior Legal Officer, United Nations.

Recent Events

The Supreme Court of the United Kingdom: Reflections on the First Five Years

Lord Mance with Olivia Radic, LLM ’13, and SJD candidate Abdulrahman Alothman.

Page 3: Fall 2014 International and Comparative Law Newsletter

RECENT EVENTS

INTERNATIONAL AND COMPARATIVE LAW PERSPECTIVES 3

The TTIP: Perspectives from the USTR and the Delegation of the EU to the United States

On March 24 GW Law and the Washington Foreign Law Society co-sponsored a panel discussion on the status of the Transatlantic Trade and Investment Partnership agreement. The discussion came on the heels of recent negotiating

sessions so attendees obtained up-to-date information on the proposed agreement. Speakers were Professor Steve Charnovitz; Adeline Hinderer Sayers, Delegation of the European Union to the United States; Vanessa Sciarra, Cassidy & Kent; and David Weiner, U.S. Trade Representative. n

Live from L: The Geneva Framework for the Elimination of Syrian Chemical Weapons—The Role of the Office of the Legal Adviser

Susan Karamanian, Associate Dean for International and Comparative Legal Studies, with State Department staff Mallory Stewart, Attorney Adviser, Office of Nonproliferation and Verification; Todd Buchwald, Assistant Legal Adviser, Office of United Nations Affairs; Mary E. McLeod, Acting Legal Adviser; and Newell Highsmith, Deputy Legal Adviser.

Professor Steve Charnovitz, Adeline Hinderer Sayers, Vanessa Sciarra, and David Weiner

On March 10 GW Law hosted the 4th annual “Live from L” webcast with the U.S. State

Department Office of the Legal Adviser. This year’s panel discussion, which was co-sponsored by the ABA Section of International Law and the American Society of International Law, focused on the process by which the United States and Russia reached agreement on the dismantling of Syria’s chemical weapons. n

INTERNATIONAL AND COMPARATIVE LAW PERSPECTIVESInternational and Comparative Law Perspectives is published by the International and Comparative Law Program at The George Washington University Law School.

Questions or comments should be addressed to:

Susan Karamanian, Associate Dean for International and Comparative Legal Studies [email protected] 202.994.1210

The George Washington University Law School International and Comparative Law Program 2000 H Street, NW Washington, DC 20052

law.gwu.edu/gwl/international

Page 4: Fall 2014 International and Comparative Law Newsletter

4 THE GEORGE WASHINGTON UNIVERSITY LAW SCHOOL

RECENT EVENTS

Seeking Justice in The Hague

On September 19 members of the GW Law community gathered to hear the lifetime impressions

of Bruno Simma and GW Law Professor Thomas Buergenthal, former judges of the International Court of Justice, in a program moderated by Professor Ralph G. Steinhardt. The event was co-spon-sored by the GW International Law Society and the German Information Center USA. n

Courts and International Commercial Arbitration: Is the United States Becoming an Outlier?

The relationship between domestic courts and the international arbitral process varies around the

world and is subject to much debate. On September 26 leading academics and prac-titioners met in the Jacob Burns Moot Court Room to consider how courts in leading arbitral jurisdictions approach this relationship, and the growing criti-cism that U.S. courts are moving further

away from the global mainstream in the way they approach certain critical aspects of international commercial arbitra-tion. Jonathan Greenblatt, JD ’80, and Christopher Ryan, JD ’00, of Shearman & Sterling, were instrumental in the success of the conference. Shearman & Sterling and the International Chamber of Commerce’s International Court of Arbitration co-sponsored the event. n

Does the World Need More Crimes Against Humanity Legislation?

On October 9 GW Law marked the release of the International Human Rights Clinic’s (IHRC)

report, “Comparative Law Study and Analyses of National Legislation Relating to Crimes Against Humanity and Extraterritorial Jurisdiction,” with a discussion of steps that might be taken nationally and internationally to develop the law on such crimes. The report was presented by its co-authors, Professor Arturo Carrillo, Director of the IHRC, and former clinic staff attorney Annalise Nelson. Commentators included GW Law Professors Sean Murphy and Michael Matheson, with Associate Dean Susan Karamanian serving as moderator. The discussion covered related topics such as the International Law Commission’s on-going work around an international crimes against humanity convention, and a perspective on the challenges to codifying crimes against humanity in the United States. n

Annalise Nelson and Professor Arturo Carrillo

Professor Ralph Steinhardt, Judge Thomas Buergenthal, and Judge Bruno Simma

Luis José Diez Canseco Nuñez, LLM ’88, Appointed to the Court of Justice of the Andean Community

Alumnus Luis José Diez Canseco Nuñez was appointed as Justice

for the Republic of Peru to the Court of Justice of the Andean Community. The Court comprises four judges, each representing one of the Member Countries (Bolivia, Colombia, Ecuador, and Peru), and has territorial jurisdiction in those countries. The court has its permanent headquarters in Quito, Ecuador. n

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INTERNATIONAL AND COMPARATIVE LAW PERSPECTIVES 5

RECENT EVENTS • PERSPECTIVES

Advocacy Before International Tribunals

On January 9 the International Law in Domestic Courts Journal presented “Advocacy Before

International Tribunals.” The program featured Judge Charles Brower of the Iran–U.S. Claims Tribunal, GW Law faculty members Thomas Buergenthal, Sean Murphy, and Dinah Shelton, and Tom Snider of Greenberg Traurig. GW Law JD students, two of whom are pictured at right, were the journal’s exclu-sive rapporteurs for the United States; they were joined by more than 70 profes-sional rapporteurs from other countries. n

Elizabeth Graffeo, JD ’14, Professor Thomas Buergenthal, Judge Charles Brower, Professor Dinah Shelton, Tom Snider of Greenberg Traurig, Professor Sean Murphy, and Michael Rogers, JD ’14

mind, she headed to law school in pursuit of a career in international law.

As happens with many legal academics during their student years, a single law professor would profoundly influence Karen. At NYU, she took a basic tax course and found that she enjoyed the new language of tax. Her professor, John Slain, was a corporate law scholar who was also an outstanding and gifted teacher. Through him, Karen learned the special logic of the Internal Revenue Code. Both in practice and later in her LLM program, Karen was attracted to the cross-border implications of tax and how they affect the personal and economic decisions of people and busi-nesses. Early on, she understood that tax law provided powerful incentives. As she has acknowledged, “I realized I could do my part to expose injustice by focusing on how tax laws of higher income nations negatively impact the ability of lower income nations to compete and thrive in the global economy.” Hence, one of Karen’s current projects is a compara-tive law book on taxation and develop-ment that examines whether countries competing for revenue and investment have made a commitment to use their

own tax codes to help countries with very little economic power.

No doubt, Karen’s interest in France and its legal traditions—so different from those of the United States yet in some ways similar—sparked her interest in comparative law. She now participates as a member of the International Academy of Comparative Law (IACL), and her work there has inspired her current taxation and development book project. The beauty of the comparative approach, according to Karen, “is that it not only looks at differences in legal systems, but it takes the further step of considering how those laws affect other countries.” She is very much aware that one country, by making a set of choices about its international tax regime, may dictate choices to others without consideration of the special circumstances that led to the other countries’ own regime choices. At the 19th IACL World Congress this summer in Vienna, Austria, where she was a General Reporter, the National Reporters made note of this fascinating aspect of the interplay between disparate tax systems.

Given the public implications of her work, Karen recognizes that academics who are so inclined can make powerful

contributions to legal reform. This is particularly true in tax, as a significant number of scholars have used their work to inform Congress and others of the advisability of change. For example, her article “Missing Africa: Should U.S. International Tax Rules Accommodate Investment in Developing Countries?” examined the report of the Organisation for Economic Co-operation and Development (OECD) on harmful tax competition and critiqued its failure to seek input from lower income countries on questions concerning the appropriate income tax base and rates. The countries under review had been criticized for having tax systems that in the OECD’s view competed unfairly for investment dollars. Karen’s article proposed a treaty to impose a territorial tax system that would allow U.S. businesses to eliminate U.S. tax on income derived in nations in sub-Saharan Africa if they agreed to the latter’s minimum standards (environ-mental protections, labor protections, and tax rates). Congressman William Thomas, former chair of the House Ways and Means Committee, introduced a bill that would have enacted some of the proposed changes, but it never passed.

Brown from page 1

continued on page 6

Page 6: Fall 2014 International and Comparative Law Newsletter

6 THE GEORGE WASHINGTON UNIVERSITY LAW SCHOOL

RECENT EVENTS • PERSPECTIVES

The International Fight Against Corruption: Are the OECD and UN Conventions Achieving their Objectives?

On December 4 a distinguished group of experts from academia, nonprofits, international

organizations, industry, and private practice gathered to pay tribute to Basel University Professor Mark Pieth, outgoing Chairman of the Organization for Economic Co-operation and Development (OECD) Working Group on Bribery, for his 25 years of service in that capacity. Discussion focused on the evolution of the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions and the United Nations Convention Against Corruption. GW Law co-sponsored the day-long program with the U.S. Chamber Institute for Legal Reform, and the Anti-Corruption Committee and North American Forum of the International Bar Association, in cooperation with the Anti-Corruption Committee of the American Bar Association. n

Professor Mark Pieth delivered the Susan N. and Augustus DiZeriga Lecture as part of the program.

Karen believes that it is part of her job as a teacher and scholar to offer guidance and direction to Congress and policy-makers when it is appropriate.

Karen’s work with tax academics around the world has resulted in collab-oration on two book projects on the subjects of corporate tax avoidance and taxation and development. Interacting with scholars from other legal traditions and cultural backgrounds “has been incredibly rewarding, providing me with an international focus that has made my work more meaningful.” In addition she has taught abroad at the University of Paris (Paris I, Sorbonne) in the Masters Tax classes. Her first year in Paris was a year before the 2008 U.S. Presidential elections that ushered in the first Obama administration. At that time, Obama was

not the front-runner, but his candidacy allowed Karen to explore the candidates’ different approaches to the U.S. tax system. Some of her students had heard the future President’s name, but all were very interested in the impact of tax law on the election, which led to lively discus-sions. Many seemed quite interested in the possibility of the election of an African American candidate. After the election was called for Barack Obama, Karen watched on television the reaction of the crowds around the world. When they showed the young people in the streets of Paris, excitedly waving flags and offering congratulations, she did not spot any of her Sorbonne students, but she hoped that they remembered her classes and were thinking about the tax implica-tions of the country’s presidential choice.

While Karen’s contributions to the profession—both in and outside academia—are considerable, they do not paint a full picture of her as a person. Remarkable for the thoughtful and composed demeanor that complements her considerable intellect, Karen is an exceptionally well-regarded member of the GW Law community—highly esteemed by faculty, students, and staff colleagues alike—as well as that of the greater legal academic community. Her career has enabled her to work with indi-viduals in many different countries, where she has forged lasting professional rela-tions and friendships. Karen’s character, combined with her knowledge and exper-tise, will no doubt lead to her continued success in all areas of her work, whether in the academic or policy sphere. n

Brown from page 5

Page 7: Fall 2014 International and Comparative Law Newsletter

RECENT EVENTS

INTERNATIONAL AND COMPARATIVE LAW PERSPECTIVES 7

Túlio Di Giacomo Toledo, LLM ’14, Named ICJ Clerk and Gruber Foundation International Law Fellow

The International Court of Justice (ICJ) in The Hague has selected Túlio Di Giacomo Toledo,

LLM ’14, to serve as a law clerk for the 2014–2015 term. Financial support for the clerkship was provided by the Peter and Patricia Gruber Foundation. Two other GW Law graduates clerked for the ICJ in 2009 and 2010 and received support from the Gruber Foundation. During his clerk-ship, Mr. Di Giacomo Toledo will work directly with Judge Antônio Augusto Cançado Trindade of Brazil and Judge Dalveer Bhandari of India. “It’s going to be a privilege to learn how the ICJ works from the inside,” said Mr. Di Giacomo Toledo. “That’s really a big opportunity that few people have.” n

On September 5 GW Law’s International and Comparative Law Program presented a panel discussion on “The Legality of War Against Syria” featuring GW Law Professors Sean Murphy and Michael Matheson, and Andrew Bell,

PhD candidate at Duke University and 2013–14 Fellow at GW’s Elliott School of International Affairs. n

Túlio Di Giacomo Toledo

Panel Discussion: “The Legality of War Against Syria”

Dinah Shelton Named Doctor Honoris Causa

Pázmány Péter Catholic University in Budapest, Hungary, awarded Dinah Shelton, Manatt/Ahn Professor Emeritus of International Law, with the honorary title of Doctor Honoris Causa for her outstanding activity in the fields of human rights and

environmental protection. n

Professor Shelton receives her diploma.

Page 8: Fall 2014 International and Comparative Law Newsletter

8 THE GEORGE WASHINGTON UNIVERSITY LAW SCHOOL

Recent Faculty Publications, Activities, and Honors

Paul Schiff Berman published “Global Legal Pluralism: Mapping a Hybrid World” in Governance and Risk: Challenges of Global Regulation (2013); “How Legal Pluralism Is and Is Not Distinct From Liberalism: A Reply to Denis Patterson and Alexis Galán,” International Journal of Constitutional Law (2013); “Le Nouveau Pluralisme Juridique,” Revue Internationale de Droit Économique; and “Jurisgenerative Constitution alism: Procedural Principles for Managing Global Legal Pluralism,” Indiana Journal of Global Legal Studies (2013).

Professor Berman gave 12 invited presentations including in Germany at Humboldt University, the University of Bremen, and the University of Bonn; in the Netherlands at the University of Tilburg and the University of Rotterdam; in the United Kingdom at the University of London; in Canada at York University and the University of Windsor; and at a special roundtable on “Theorizing Law in the Transnational and the Global,” at the Law and Society Association Annual Meeting.

Professor Berman received the George Washington University Valor Excellence Award for demonstrated excellence in learning and service to the benefit of

GW student military members, veterans, and their families. He was also named Distinguished Scholar in Residence by the Center for Transnational Studies at the University of Bremen in Germany.

Francesca Bignami published “Rethinking the Legal Foundations of the European Constitutional Order: The Lessons of New Historical Research,” American University International Law Review (2013). Her Research Handbook on Comparative Law and Regulation (with David Zaring) is forthcoming in 2015.

Professor Bignami, together with Professor David Zaring of the Wharton School, University of Pennsylvania, convened a two-day book conference at GW Law in 2014 on their forthcoming volume, Research Handbook on Comparative Law and Regulation. In November she served as Chair for “The Future of the European Union’s Eastern Partnership” at the American Society of International Law, Washington, D.C. She participated on the following panels: “The Administrative State, the Rule of Law, and Democracy: Comparative Models of Judicial Review” at the Conference on Comparative Law and Regulation at GW Law ( January

2014); “Conflict and Cooperation in the Privacy Sector” at the Symposium on New Approaches to International Regulatory Cooperation at New York University School of Law (February 2014); “The Legal Environment and Institutional Origins: Comparative Law and the Rise of the European Court of Justice” at the EU Roundtable at Columbia Law School (April 2014); “The Administrative State, the Rule of Law, and Democracy: Comparative Models of Judicial Review” at the Annual Meeting of the Law and Society Association in Minneapolis ( June 2014); and was a commentator for panels “EU Institutions: Democratization and Constitutionalization” at the Conference on EU Law Stories at American University Washington College of Law (March 2014) and “International Administrative Law in a Plural Legal Order: The Future of International Administrative Law” at the International Monetary Fund in Washington, D.C. (April 2014).

Karen B. Brown published Beyond Economic Efficiency in United States Tax Law (with David A. Brennen and Darryll K. Jones) (Wolters Kluwer Law & Business, 2013).

Page 9: Fall 2014 International and Comparative Law Newsletter

INTERNATIONAL AND COMPARATIVE LAW PERSPECTIVES 9

RECENT FACULTY PUBLICATIONS, ACTIVITIES, AND HONORS

In January Neil H. Buchanan gave a keynote speech at the Australian Tax Teachers’ Association annual meeting in Brisbane, Australia, after which he delivered an invited speech to the Japan Tax Association in Tokyo. Professor Buchanan also made presentations at the Critical Tax Conference in April and the Law and Society Conference in May. In June he was a commentator on three panels at the Tax Justice and Human Rights conference at McGill University in Montreal.

Thomas Buergenthal gave a keynote address on “Human Rights and International Law” at the inauguration of the Elizabeth Odio Benito Chair at the National University of Costa Rica.

Professor Buergenthal received an honorary doctorate degree from the Costa Rica-based and U.N.-mandated University for Peace in recognition of

his leadership and promotion of human rights, including the founding of the Inter-American Court of Human Rights. The honorary doctorate was granted during a ceremony at the IACHR in San José on August 22.

Arturo J. Carrillo published “Comparative Law Study and Analysis of National Legislation Relating to Crimes Against Humanity and Extraterritorial Jurisdiction” (with Annalise K. Nelson), George Washington International Law Review (2014) and “Re-Imaginando la Clínica Jurídica de Derechos Humanos” (with Nicolás Espejo Yaksic), Revista Academia de la Universidad de Buenos Aires (2014).

Professor Carrillo was a participant in the 2013 Learning Forum co-sponsored by The Global Network Initiative and the Telecommunications Industry Dialogue on Freedom of Expression and Privacy in Brussels, Belgium. In November he was an invited expert at “Workshop on Human Rights Law Clinics in Comparative Perspective: United States, Latin America, and Africa,” a module in a training program on “Establishing, Running, and Growing a Public Interest/Human Rights Law Clinic,” sponsored by the Human Rights Development Initiative (HRDI) in Pretoria, South Africa. He was a panelist for “Does the World Need More Crimes Against Humanity Legislation?” held at GW Law in October. Professor Carrillo and students launched their latest

International Human Rights Clinic report, “Comparative Law Study and Analysis of National Legislation Relating to Crimes Against Humanity and Extraterritorial Jurisdiction” (2014).

Professor Carrillo was elected Alternate Academic Board member of the Global Network Initiative (GNI).

Steve Charnovitz published the chapter “Trade and Environment” in Handbook of Trade Policy for Development (Oxford University Press, 2013); “International Trade and Investment Law and Carbon Management Technologies” (with co-author), Natural Resources Journal (2013); and a book review of International Economic Law in the 21st Century by Ernst-Ulrich Petersmann, Journal of International Economic Law (2014).

Professor Charnovitz co-presented a paper on energy subsidies and trade law at the “Workshop on World Trade Organization Caselaw” at the European University Institute in Florence, Italy, and spoke on a panel on the International Labour Organization at the “Conference on Work” at the University of Montreal. With the increasing attention to the Transatlantic Trade and Investment Partnership, he gave a talk on TTIP models to the Ecologic Institute in Berlin, and participated in a panel at GW Law commenting on presentations by European and U.S. negotiators. He

continued on page 10

Page 10: Fall 2014 International and Comparative Law Newsletter

1 0 THE GEORGE WASHINGTON UNIVERSITY LAW SCHOOL

RECENT FACULTY PUBLICATIONS, ACTIVITIES, AND HONORS

also assisted the State Department’s International Visitor Leadership Program by giving a lecture on trade adjustment assistance to visitors from Russia.

Donald C. Clarke published “China’s Stealth Urban Land Revolution,” American Journal of Comparative Law (2014).

In April Professor Clarke testified on Capitol Hill before the Congressional-Executive Commission on China about “Understanding China’s Crackdown on Rights Advocates: Personal Accounts and Perspectives,” which can be viewed at 1.usa.gov/1kt3tPL.

Laura A. Dickinson published “Regulating the Privatized Security Industry: The Promise of Public/Private Governance,” Emory Law Journal (2013).

Professor Dickinson spoke about her book Outsourcing War and Peace (Yale University Press,2011) at a conference at Ohio State University.

David Fontana published “The People’s Justice?,” Yale Law Journal Forum (2014); “Perpetual Constitutional Moments: A Reply to Hostovsky Brandes and Weintal,” Israeli Constitutional Law in the Making (Gideon Sapir, Daphne Barak-Erez and Aharon Barak, eds) (Oxford: Hart Publishing, 2013); and “Relational Federalism: An Essay in Honor of Heather Gerken,” (Symposium: Heather Gerken: “Not Your Father’s Federalism”), Tulsa Law Review (2013).

Susan L. Karamanian published “Economic–Legal Perspectives on the Armenian Genocide,” International Criminal Law Review (2014).

William E. Kovacic published “From Microsoft to Google: Intellectual Property, High Technology, and the Reorientation of U.S. Competition Policy and Practice,” Fordham Intellectual Property, Media and Entertainment Law Journal (2013), and “Institutional Design, Agency Life Cycle, and the Goals of Competition Law” (with David A. Hyman) Fordham Law Review (2013).

Sean D. Murphy published the sixth edition of International Law: Cases and Materials (with Lori F. Damrosch) (West Publishing Co., 2014); “Deconstructing Fragmentation: Koskenniemi’s 2006 ILC Project,” Temple International & Comparative Law Journal (2013); and “International Judicial Bodies for Resolving Disputes Between States,” The Oxford Handbook of International Adjudication (Oxford University Press, 2013).

Faculty from page 9

Page 11: Fall 2014 International and Comparative Law Newsletter

INTERNATIONAL AND COMPARATIVE LAW PERSPECTIVES 1 1

RECENT FACULTY PUBLICATIONS, ACTIVITIES, AND HONORS

Professor Murphy attended the May–July 2014 session of the United Nations International Law Commission in Geneva, Switzerland. He lectured on “Punishing Crimes against Humanity in the 21st Century” at the University of Alabama Law School in March and appeared on panels in April concerning “Treaty Survival” at GW Law and “Aggression and the Use of Force” at the Annual Meeting of the American Society of International Law. Professor Murphy also participated in meetings of the International Institute of Higher Studies in Criminal Sciences in Siracusa, Italy, in September; the State Department Advisory Committee on Public International Law in Washington, D.C., held at GW Law in June; and the American Law Institute on the Restatement (Fourth) of U.S. Foreign Relations Law in Philadelphia in February.

In April Professor Murphy was elected a Counsellor of the American Society of International Law for a three-year term.

Dinah L. Shelton published, as editor, The Oxford Handbook of International Human Rights Law with new essays by more than 40 leading experts in the field (Oxford University Press, 2013) and The UN System for Protecting Human Rights, Vol. IV: The Library of Essays on

International Human Rights (Ashgate Publications, 2014). She also published “Trade and Environment” in the Handbook of Trade Policy for Development (Oxford University Press, 2013); “International Trade and Investment Law and Carbon Management Technologies” (with Nigel Bankes, Anatole Boute, Shi-Ling Hsu, Sarah McCalla, Nicolas Rivers, and Elizabeth Whitsitt), Natural Resources Journal (2013); “Remedies and Reparation” in Global Justice, State Duties: The Extraterritorial Scope of Economic, Social, and Cultural Rights in International Law (Cambridge University Press, 2013); “The Inter-American Human Rights Law of Indigenous Peoples,” University of Hawaii Law Review (2013); “Réflexion Introductive: Environnement International et Patrimoine Commun de L’humanité,” Marché et Environnement (Editions Bruylant, 2014); and “International Law and ‘Relative Normativity,’” International Law (M. Evans, ed., 2014). Her book, Remedies in International Human Rights Law, specifically about the “principles” behind awarding damages, was cited by the UK Supreme Court in the case of R (on the application of Faulkner) (FC) (Appellant) v. Secretary of State for Justice and another (Respondents) [2013] UKSC 23.

Pázmány Péter Catholic University in Budapest, Hungary, presented Professor Shelton with the honorary title of Doctor Honoris Causa for her outstanding activity in the fields of human rights and environmental protection. She also was awarded the Goler T. Butcher Medal by the American Society of International Law (ASIL) for outstanding contributions to the development and effective realization of international human rights law.

John A. Spanogle Jr. published the fourth edition of Consumer Law: Cases and Materials (with Ralph J. Rohner, Dee Pridgen, Jeffrey Sovern, and Christopher L. Peterson) (West Publishing Co., 2013) and the third edition of Principles of International Business Transactions (with Ralph H. Folsom and Michael Wallace Gordon) (Thomson/West, 2013).

Ralph G. Steinhardt published “Kiobel and the Multiple Futures of Corporate Liability for Human Rights Violations,” Maryland Journal of International Law (2013) and “Kiobel and the Weakening of Precedent: A Long Walk for a Short Drink,” American Journal of International Law (2013). n

Page 12: Fall 2014 International and Comparative Law Newsletter

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