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THE AMERICAN SOCIETY OF INTERNATIONAL LAW 98th Annual Meeting March 31-April 3, 2004 Loews L’Enfant Plaza Hotel Washington, DC F INAL P ROGRAM Mapping New Boundaries: SHIFTING NORMS IN INTERNATIONAL LAW

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Page 1: Mapping New Boundaries - American Society of International …Mapping New Boundaries: Shifting Norms in International Law The meaning,impact,and relevance ofinternational law are the

THE AMERICAN SOCIETY OF

INTERNATIONAL LAW

98th Annual Meeting

March 31-April 3, 2004Loews L’Enfant Plaza Hotel

Washington, DC

FINAL PROGRAM

MappingNew

Boundaries:SHIFTING NORMS IN

INTERNATIONAL LAW

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98th Annual Meeting

Tillar House

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March 31, 2004

Welcome to the 98th Annual Meeting!

For 98 years,ASIL members have gathered in thespring at the Annual Meeting of The American Societyof International Law.While the ritual of gatheringhas not changed over the decades, each year brings newfeatures to our meeting, and 2004 is no exception.

• For the third year in a row, a Justice of theU.S. Supreme Court will give the meeting’sKeynote Address.This year, we welcome JusticeAntonin Scalia.

• For the first time, the recipient of the Society’sManley O. Hudson Medal will give a lectureon the occasion of the award. Professor MichaelReisman, who is the 2004 recipient of theMedal, will speak on “Why Regime Change is(Almost Always) a Bad Idea.”

• For the first time, the Program Committeeinitiated a call for papers and peer review processon a selected topic for one of the AnnualMeeting panels.The panel is New Directionsin International Environmental Law.

Starting from the theme, Mapping New Boundaries:Shifting Norms in International Law, the 98th AnnualMeeting’s Program Committee worked tirelesslyunder the leadership of Co-Chairs Hannah Buxbaumand Janie Chuang to organize this exceptional pro-gram.We owe them and the Program Committee, aswell as the many speakers and panelists who will becontributing their time and knowledge over the nexttwo and a half days, a debt of gratitude.

But organizing the program is only the beginning.It is your active participation and engagement thatmakes this an Annual Meeting.We look forward tohearing from you, through questions, comments, andconversation. On behalf of the officers and staff ofThe American Society of International Law, welcome.

Charlotte KuExecutive Director

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Mapping NewBoundaries:Shifting Norms inInternational LawThe meaning, impact, and relevance of internationallaw are the focus of public attention as never before.That attention has invited a re-examination of thecontent and operation of international law, andsuggests that international law is in the midst of sub-stantial change. States and institutions are rethinkingand expanding the systems of norms and standards inwhich they function, and developing new strategiesto resolve global problems.These changes raise somevery large questions. How is international law evolvingin the context of these shifts in the norms developedand applied by state and non-state actors? Does inter-national law still work at all in certain areas? Doesinternational law really matter?

The shifting norms in international law are evidentin a variety of areas, including:

• Increasingly complex linkages between previ-ously discrete areas of international law (e.g., thelinkages between human rights and develop-ment; between trade law and areas such as laborlaw, environmental law, and competition law).

• The debate about the appropriate circumstancesin which to use military force, from the per-spectives of traditional public international lawdoctrine, just war theory, and the practical stand-points of the public at large in affected states.

• Shifts from state-centric notions of nationalsecurity to the concept of “human security”(e.g., the creation of the Human SecurityCommission to combat adversities such asarmed conflict, poverty, infectious diseases, andhuman rights violations).

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• Efforts to move beyond the regulation andcoordination of transnational actions and inter-ests by promoting a notion of “global publicgoods” (e.g., global climate stability; globalpublic health; equitable access to intellectualproperty).

• New challenges in managing the relationshipbetween international law and domestic law(e.g., intersection of U.S. constitutional law,federalism principles, and international law;the development of transnational regulatorystrategies; increasing demand on national courtsto refer to and apply international law).

• The strengthening and development of con-cepts of individual and corporate liability forviolations of international law (e.g., InternationalCriminal Court; criminal liability for formerheads of state; civil lawsuits against corporationsfor human rights violations).

The 98th Annual Meeting seeks to identify andevaluate the content of these shifting norms and theirimplications for international law and internationalactors. How do they affect the impact of internationalrules on state and non-state actors? Do they makethese actors stronger and more effective, or do theyundermine their continued viability? Are the shiftssimilarly perceived, and their consequences similarlyappreciated, in all regions of the world? Where is aconsensus on standards and practices emerging? Willthese shifts produce a stronger or weaker system ofinternational law?

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The American Society of International Law

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2004 Program Committee

CO-CHAIRS:PROFESSOR HANNAH BUXBAUM, Indiana UniversitySchool of Law, Bloomington; JANIE CHUANG, ESQ.,Cleary, Gottlieb, Steen & HamiltonMEMBERS:ELIZABETH ANDERSEN, ESQ.,ABA Central Europeanand Eurasian Law Initiative; PROFESSOR RAJ BHALA,University of Kansas School of Law; LISA BHANSALI,ESQ.,The World Bank; PROFESSOR ANDREW GUZMAN,University of California at Berkeley School of Law;PROFESSOR LAURENCE HELFER, Loyola Law School,Los Angeles; DAVIS R. ROBINSON, ESQ., LeBoeuf,Lamb, Greene & MacRae; PROFESSOR MICHAEL P.SCHARF, Case Western Reserve University School ofLaw; ELIZABETH WILCOX, ESQ., U.S. Department ofState; SAMUEL WORDSWORTH, ESQ., Essex CourtChambers, London

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ASIL STAFF

CHARLOTTE KU, Executive DirectorANNA ASCHER, AJIL Senior Associate EditorEARL GLADNEY, ControllerBARBARA ANN HIGDON, Electronic ResourcesRICHARD LARUE, Deputy DirectorSANDRA J. LIEBEL, Meetings Coordinator;

Executive Assistant to the Executive DirectorMICHAEL NELLENBACH, Marketing ManagerASHLEY PALMER, Service Center LiaisonCARA SMITH, AJIL Managing EditorSCOTT SMITH, ILM Assistant EditorMARIA STAUNTON, Outreach Program AssistantRUTH TEITELBAUM, ILM Managing EditorKELLY VINOPAL, Manager, Library and Information

ServicesRONNIETTE WATTS, Financial AssistantFREDDYE WIGGINS, ReceptionistKATHLEEN WILSON, Director of Research &

Outreach

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General InformationMeeting LocationLoews L’Enfant Plaza Hotel480 L’Enfant Plaza, SWWashington, DC 20024Phone: 202-484-1000

On-site RegistrationThe ASIL registration desk is located in the Solariumon the main floor. It will be open as follows:

Wednesday, March 31 2:00 pm–8:00 pmThursday,April 1 8:00 am–6:00 pmFriday,April 2 8:00 am–6:00 pmSaturday,April 3 8:00–11:00 am

Badges & TicketsBadges must be worn for admittance to panels.Tickets are needed for the WILIG Luncheon, boxlunches, and the Annual Dinner. Lost tickets will notbe replaced. No tickets will be sold on-site.

ASIL ServicesCredit card transactions can be made at the ASILExhibit Booth by those wishing to buy the latestASIL products.

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Save the Dates forFuture ASIL Annual Meetings!

The 99th Annual Meeting, March 30-April 2, 2005;Loews L’Enfant Plaza Hotel,Washington, DC.

The 100th Annual Meeting, March 29-April 1, 2006;Fairmont Washington Hotel (formerly the WashingtonMonarch),Washington, DC.

The 101st Annual Meeting, March 28-31, 2007;Fairmont Washington Hotel,Washington, DC.

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The American Society of International Law

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ONE OF THE YEAR’S

BEST RECORDS The Proceedings is the record of the most important gathering in international law—the ASIL Annual Meeting.

Order today and receive:

• The latest research and commentary by leading academics and practitioners from around the world.

• Insights on current issues and debates in international law.

• A handy “who’s who” of people working in your field.

• An archival record of the continuing growth of international law.

To learn more about and sign up to receive the Proceedings, visit the ASIL

exhibit booth.

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Who’s HereThis Year?ANNUAL MEETING SPONSORSAmerican University Washington College of LawGeorgetown University Law CenterMartinus Nijhoff PublishersOxford University Press

ASIL FOUNDING PARTNERSFreshfields Bruckhaus DeringerSullivan & Cromwell

EXHIBITORSAmerican Bar AssociationAmerican University Washington College of LawAshgate PublishingAspen Publishers/Kluwer Law InternationalAssociation Book ExhibitCambridge University PressCarolina Academic PressFoundation PressHart Publishing, Ltd.International Centre for Settlement of

Investment DisputesInternational Committee of the Red CrossInternational Law InstituteJuris PublishingMartinus Nijhoff PublishersN.P. Engel, PublisherOceana PublicationsOxford University PressPublic International Law and Policy GroupThe Lawbook ExchangeThomson InternationalTransnational Publishers, Inc.United Nations PublicationsWilliam S. Hein & Co., Inc.

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The American Society of International Law

New!

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Frederick AbbottLama Abu-OdehAdeno AddisPhilip AlstonDavid AndrewsAntony AnghieEvelyn AnkumahAbdullahi An-Na’imScott BarrettUpendra BaxiPaul BeaumontJohn BellingerLisa BhansaliDaniel BodanskyM. E. BowmanCurtis BradleyDaniel BradlowRosa E. BrooksCatherine BrownGian Luca BurciHolly BurkhalterHarold BurmanWilliam BurnsMarinn F. CarlsonDavid D. CaronJames H. CarterElizabeth Chien-HaleAmy ChuaJames R. CrawfordRyan CrockerDorinda DallmeyerLori F. DamroschAllison M. DannerLaura DickinsonGraeme DinwoodieRudolf DolzerDonald DonovanLouise Doswald-BeckMark DrumblStuart EizenstatGareth EvansRichard FalkJames FeinermanLee FeinsteinJohn FonteThomas M. FranckMaryellen FullertonToby GatiMichael J. GlennonDonald GoldbergRichard GoldstoneRyan GoodmanKatherine Gorove

Vera Gowlland-DebbasChristopher GreenwoodAndrew GuzmanJulia HallBernard HamiltonHerbert HansellConrad K. HarperOona HathawayJohn HeadLaurence HelferCharles HillRobert HockettDuncan HollisGerald HymanFrits KalshovenNajmaldin KarimCatherine KessedjianIlona KickbuschNicholas KittrieJeffrey KovarCharlotte KuPeter KyleJean-Philippe LavoyerDouglas LetterSusan LeubuscherRobert LeventhalJeremy I. LevittVaughan LoweDavid J. LubanKarin LuckeNudrat MajeedTiyanjana MaluwaDennis MandsagerStephen P. MarksDavid A. MartinMichael MathesonMercedes MayoElena McColllimKarl M. MeessenBeratriz MerinoAlice MillerJohn Norton MooreHerbert MoraisHomer E. MoyerKathleen NewlandPhilip NicholsVincent NmehielleMary Ellen O’ConnellRuth OkedijiRoberts B. OwenJan PaulssonJoost PauwelynJacqueline Peel

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SPEAKERS, LECTURERS, PANELISTS

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Fausto PocarEric PosnerDietmar PragerSteven R. RatnerKal RaustialaLucy ReedW. Michael ReismanElizabeth Rindskopf-

ParkerDavis R. RobinsonSusan Rose-AckermanPeter RosenblumKenneth RothAntonin ScaliaWilliam SchabasMichael P. ScharfClaudia SchulzStephen M. SchwebelCraig ScottAlfredo Sfeir-YounisAnne-Marie SlaughterDavid SlossAbby Cohen SmutnyAbraham D. Sofaer

Debra StegerPaul. B. StephanBeth StephensBrigitte SternAndrew L. StraussAndre SurenaEdward SwaineWilliam H.Taft IVAllyn TaylorJoel TrachtmanMichael P. Van AlstineVan Vechten VeederPatricia WaldRuth WedgwoodSiegfried WiessnerElizabeth WilcoxEdwin D.WilliamsonJennifer WindsorAdrien K.WingSamuel WordsworthFarhana YaminSamson YuElisabeth Zoller

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ASIL MEMBERSHIP

. . . YOUR RESOURCE FOR THE VERY

LATEST IN INTERNATIONAL LAW

Through its outreach, education, and publishing activities, The American Society of International Law provides its members with access to the larger community of international law professionals, information on the latest developments in the field, and opportunities for professional development. Join the ASIL and receive:

• 4 issues of the American Journal of International Law, the premier publication in the field.

• Access to 25 interest groups, such as Human Rights and International Economic Law, focusing on specific subject areas.

• 5 issues of the ASIL Newsletter.

• A 43%* savings on International Legal Materials, the leading compendium of source materials in international law. *34% for international orders.

• Substantial discounts on ASIL books, multimedia resources, occasional papers, and other publications.

To learn more about the Society and to register for membership, visit the ASIL

exhibit booth.

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WednesdayMarch 31, 2004

9:00 am–3:00 pmASIL Executive Council Meeting – Quorum Room

2:00 pmRegistration Opens – Solarium

6:30–7:45 pmSixth Annual Grotius Lecture – Grand BallroomMarkets, Democracy, and Ethnic Conflict

Lecturer: AMY L. CHUA,Yale Law School

Distinguished Discussant: UPENDRA BAXI,University of Warwick School of Law

Moderator: DANIEL BRADLOW,AmericanUniversity Washington College of Law

Cosponsored by American University Washington Collegeof Law

7:30–11:00 pmAJIL Board of Editors Meeting/Dinner – RenoirRoom, Second Floor

7:45–9:00 pmPresident’s Reception – Monet Ballroom, Second Floor

Cosponsored by American University Washington Collegeof Law

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ThursdayApril 1, 2004

7:45–8:45 amInterest Group Business MeetingsAfrica – Ballroom BHuman Rights – Ballroom DPrivate International Law – Ballroom AUN21 – Ballroom C

9:00–10:30 amPANELS AND LECTURE

Shifting Norms in Public Health Law – Ballroom A

This panel will examine the burgeoning field ofinternational health law with a special emphasis onevolving concepts of health and human rights as wellas human security.The panel also will consider theimplications of global change for international actorsinvolved in contemporary global health governance.

Chair: STEPHEN P. MARKS, Harvard School ofPublic Health

Panelists: SCOTT BARRETT, Johns Hopkins Uni-versity School of Advanced International Studies;GIAN LUCA BURCI, World Health Organization;KATHERINE GOROVE, U.S. Department of State;ILONA KICKBUSCH,Yale School of Public Health,and Pan American Health Organization; ALLYN

TAYLOR, University of Maryland School of Law

Investor-State Disputes and the Developmentof International Law – Ballroom B

The panelists will examine (including from theperspective of developing countries) whether recentinvestment cases have exposed basic gaps in inter-national law, and whether and how these gaps canbe filled.The panel also will ask whether and howcustomary international law is being influenced bythe concordance of provisions in different bilateralinvestment treaties.

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Moderator: SAMUEL WORDSWORTH, Essex CourtChambers

Panelists: VAUGHAN LOWE, Oxford University;NUDRAT MAJEED, London University; JUDGE

STEPHEN M. SCHWEBEL,Washington, DC; VAN

VECHTEN VEEDER, Essex Court Chambers

Preventing Genocide and Crimes AgainstHumanity – Ballroom C

The genocide in Rwanda of ten years ago causedmany to wonder whether those states entrusted withthe security of the world through the Security Councilhad failed to fulfill the responsibility that their privi-leged role demanded. Has a decade of reflection ledto a greater readiness or more effective mechanismsto prevent or suppress future genocides, or must suchmeasures as an early warning mechanism or a cordonsanitaire remain dormant in deference to the principleof non-interference?

Lecturer: HOLLY BURKHALTER, Physicians forHuman Rights

Commentator: JUDGE FAUSTO POCAR, VicePresident, International Criminal Tribunal for theformer Yugoslavia

Moderator: BERNARD HAMILTON, Leo KuperFoundation, London

10:45 am–12:15 pmPANELS AND LECTURE

The Alien Tort Claims Act Under Attack – Ballroom A

The Alien Tort Claims Act (ATCA), or AlienTort Statute, dates from 1789. Over the past twodecades, private claimants increasingly have availedthemselves of the ATCA to pursue civil remedies forhuman rights abuses.These claims have given rise tocontroversy.The U.S. Supreme Court has steppedinto the fray by granting certiorari in the cases ofSosa v.Alvarez-Machain and U.S. v.Alvarez-Machain(joint oral argument on March 30, 2004).The UnitedStates has intervened in this (and other) ongoing

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litigation to propose a restrictive interpretation ofthe ATCA.This panel will examine this recent liti-gation and the current intervention by the U.S.Panelists will unpack a number of thorny questions.These include: whether ATCA is a jurisdictionalstatute or creates a private cause of action;ATCA’srole in transitional justice from transformative andcomparative perspectives; the expanding number ofviolations and defendants; and the interplay of ATCAlitigation with accountability, international trade,foreign policy, and national security.

Chair: MARK DRUMBL,Washington & LeeUniversity School of Law

Panelists: MARINN F. CARLSON, Sidley AustinBrown & Wood LLP; DOUGLAS LETTER, U.S.Department of Justice; ERIC A. POSNER, Univer-sity of Chicago School of Law; CRAIG SCOTT,Osgoode Hall Law School,York University; BETH

STEPHENS, Rutgers School of Law, Camden

Changing Norms in International DevelopmentFinance:Transparency, Accountability, andMission Creep – Ballroom B

This panel will highlight changing norms ininternational development finance institutions suchas the World Bank, with a special focus on: 1) thedramatic change in the availability of information fromand about these institutions; 2) the use of inspectionpanels and functions to provide a sort of ‘judicial review’of these institutions; 3) efforts to open up these insti-tutions to increased participation by NGOs, civilsociety groups, intended beneficiaries, and others;and 4) the debate over policy proliferation (missioncreep)—that is, over whether these institutions aregiving too much or too little attention to such issuesas human rights, the role of women, environmentalprotection, and good governance.

Chair: JOHN HEAD, University of Kansas LawSchool

Panelists: ROBERT HOCKETT, Yale University;PETER KYLE, The World Bank; ELENA

MCCOLLIM, InterAction; HERBERT MORAIS,Dewey Ballantine LLP

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What Role for NGOs In the Foreign PolicyDebate? – Ballroom C

Recent years have seen a dramatic growth in therole of non-governmental organizations (NGOs) inthe development and enforcement of internationallaw, followed by a backlash movement that asks “whoelected the NGOs?”While some see civil society asan essential voice that helps fill the democratic deficitin the operations of international organizations, otherssee them as exercising disproportionate power at theexpense of sovereign states. From the perspective ofNGOs, their skeptics, and their advocacy targets, thisdistinguished “Crossfire” panel will debate the appro-priate role for NGOs in international law and politics.

Moderator: GERALD HYMAN, U.S. Departmentof State,Agency for International Development

Panelists: AMBASSADOR STUART EIZENSTAT,Covington & Burling; JOHN FONTE, HudsonInstitute; KENNETH ROTH, Human Rights Watch;ALFREDO SFEIR-YOUNIS,The World Bank;JENNIFER WINDSOR, Freedom House

Rethinking Collective Action:TheResponsibility to Protect and A Duty toPrevent – Ballroom D

In 1999, UN Secretary-General Kofi Annanchallenged the international community to respondto the emerging challenge of overcoming the barrierof sovereignty in order to address gross violationsof human rights.The International Commission onIntervention and State Sovereignty, chaired by GarethEvans and Mohamed Sahnoun, developed the con-cept of “The Responsibility to Protect.” In 2003,the Secretary-General once again appealed for newthinking on issues related to preventive action or war.The ASIL/Council on Foreign Relations Roundtableon “Old Rules, New Threats” has considered “A Dutyto Prevent” as an approach to determine who decidesthat preventive action is needed and under whatcircumstances.

Lecturers:

The Responsibility to Protect: GARETH

EVANS, QC, President, International Crisis Group;Co-Chairman, International Commission on

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Intervention and State Sovereignty; and Member,UN Secretary-General’s High Level Panel onThreats, Challenges and Change

A Duty to Prevent: LEE FEINSTEIN, DeputyDirector of Studies and Senior Fellow, Council onForeign Relations

Moderator: CHARLOTTE KU, Executive Director,ASIL

12:30–2:00 pmLUNCH HOUR PROGRAMS

Intellectual Property Rights in Global TradeFramework: IP Trends in Developing Countries – Ballroom A

Although traditionally a distinctive area of law,intellectual property is increasingly addressed in thecontext of international trade regimes. For a numberof reasons, including the potentially trade-distortingeffects of inadequate protection, narrow protection,or preferential treatment of intellectual property rights,an international standard of minimum protection wasestablished in the Agreement on Trade-Related Aspectsof Intellectual Property Rights (TRIPs) administeredby the World Trade Organization.This panel seeks todiscuss the legislative trends in developing countriesin Asia,Africa, and the Middle East as these countriesstrive to comply with their international obligationsunder the TRIPs Agreement, while maintaining theirrights to access technology for public health or eco-nomic development reasons.The panel is sponsoredby the Pacific Rim and Intellectual Property InterestGroups.

Moderator: ELIZABETH CHIEN-HALE, Institutefor Intellectual Property in Asia

Panelists: FREDERICK ABBOTT, Florida StateUniversity College of Law; CLAUDIA SCHULZ,Castro, Barros, Sobral, & Gomez; SAMSON YU,Kangxin Partners, PC, Beijing

The Kurdish Issue and Beyond:TerritorialCommunities Rivaling the State – Ballroom B

For a variety of reasons, be they geopolitical,regional and/or internal, vacuums of power have

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opened in various nation-states.These vacuums havegiven life to the dreams of self-determination of eth-nic, religious, or linguistic groups that have perceivedthemselves as historically oppressed by the dominantgroup or groups.This panel will use the Kurdish issueas a point of departure for the discussion of territo-rial power structures competing with, but not fully atpar with, established states, as well as their effect andmost desirable role within the global community.The panel is sponsored by the Rights of IndigenousPeoples and the Status of Minorities Interest Groups.

Chair: SIEGFRIED WIESSNER, St.ThomasUniversity School of Law

Panelists: ADENO ADDIS,Tulane UniversitySchool of Law; AMBASSADOR RYAN CROCKER,National War College; DR. NAJMALDIN KARIM,President,Washington Kurdish Institute

Commentator: NICHOLAS KITTRIE,AmericanUniversity Washington College of Law

Jus in Bello: Occupation Law and the War inIraq – Ballroom C

When does international law require that abelligerent assume the role of an occupying power?What legal obligations does such a status impose andcan those obligations be avoided by assuming themantle of a “liberating power?”This panel will dis-cuss these questions, together with the adequacy ofthe existing legal framework, in light of the UnitedStates’ occupation of Iraq.The panel is sponsored bythe Lieber Society Interest Group.

Moderator: DENNIS MANDSAGER, U.S. NavalWar College

Panelists: JOHN BELLINGER, Legal Adviser,National Security Council; JEAN-PHILIPPE

LAVOYER, International Committee of the RedCross; RUTH WEDGWOOD, Johns Hopkins Uni-versity School of Advanced International Studies

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Women in International Law Interest GroupLuncheon/Meeting – Quorum Room, Front Lobby“Trade and Development:The Shift from Free to Fair”

The speaker will present a look at the role ofinternational trade in developing international norms,fostering development, and promoting women’srights.

Speaker: DR. BEATRIZ MERINO, Former PrimeMinister of Peru

Introducers: LISA BHANSALI,The World Bank;DORINDA DALLMEYER, University of GeorgiaSchool of Law, Dean Rusk Center

2:30–4:15 pmAnnual General Meeting – Ballrooms A, B and CElections; Announcements; Awards

Panel: Conceiving a Just World Under LawShort opening statements by the panelists will

kick off a discussion about the ASIL CentennialTheme:A Just World Under Law.What would a justworld under law look like? How can it be attained?What can ASIL do to guide its development? AnnualMeeting attendees are encouraged to take part in thisopen discussion.

Moderator: ANNE-MARIE SLAUGHTER,Princeton University

Panelists: ROSA EHRENREICH BROOKS, Uni-versity of Virginia; JAMES H. CARTER, Sullivan &Cromwell, and ASIL President; DIETMAR W.PRAGER, Debevoise & Plimpton LLP

4:30–6:30 pmPresidential Plenary – Ballrooms A, B and CAn Exchange with Former Legal Advisers ofthe U.S. Department of State

Panelists will explore perceptions of the role ofinternational law as a useful tool and/or an obstacleto the U.S. in resolving international crises.They willcomment on the remark of the late former LegalAdviser Abram Chayes,“Other nations violate inter-national law; the United States just creates precedent,”

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as it applied to their experience as Legal Adviser.Panelists will respond to the question:“Did you viewthe role of the Legal Adviser as including advocacy ofpolicy choices related to international law, or simplyas communicating the contents of the law to yourclients?”

Introduction: MICHAEL P. SCHARF, Case WesternReserve University School of Law

Chair: ANNE-MARIE SLAUGHTER, PrincetonUniversity

Panelists: DAVID ANDREWS, Senior Vice Presi-dent, PepsiCo, Inc.; HERBERT HANSELL, Jones DayLLP; CONRAD K. HARPER, Of Counsel, SimpsonThacher & Bartlett; MICHAEL MATHESON, GeorgeWashington University Law School; ROBERTS B.OWEN, Covington & Burling; DAVIS R. ROBINSON,LeBoeuf, Lamb, Greene & MacRae; ABRAHAM D.SOFAER, Hoover Institution, Stanford University;EDWIN D.WILLIAMSON, Sullivan & Cromwell

6:30–7:45 pmMembers Reception – Ballroom D, Foyer, andSolarium

Cosponsored by Martinus Nijhoff Publishers

7:30–9:00 pmILSA/ASILNew Professionals Interest GroupJoint Program and Reception – Renoir Room,Second Floor

Welcome: JAMES H. CARTER, ASIL President

Speaker: JUDGE STEPHEN M. SCHWEBEL

8:00–10:00 pmExecutive Council Meeting/Dinner – Degas Salon,Second Floor

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FridayApril 2, 2004

7:45–8:45 amInterest Group Business MeetingsInternational Organizations – Ballroom BLieber Society – Ballroom ATeaching International Law – Ballroom CInternational Security – Ballroom D

7:45–8:45 amHague Academy of International LawBreakfast – Quorum Room(Advance registration was required.)

9:00–10:30 amPANELS AND LECTURE

The Jurisdiction of the WTO – Ballroom AThe WTO system continues to face controversy

with respect to the relationship between trade and“non-trade” issues such as the environment and humanrights. Panelists will discuss whether non-trade issuesshould be dealt with more explicitly within the WTOsystem as well as the role of the Appellate Body indealing with non-trade issues.

Moderator: ANDREW GUZMAN, University ofCalifornia School of Law, Berkeley

Panelists: JOOST PAUWELYN, Duke UniversitySchool of Law; DEBRA STEGER, University ofOttawa, and former Director,Appellate Body ofthe WTO; JOEL TRACHTMAN, Fletcher School ofLaw and Diplomacy,Tufts University

Intelligence and the Use of Force in the Waron Terrorism – Ballroom B

Over 40 years ago, Fred Ikle famously asked inForeign Affairs,“After Detection What?”The pre-emptive use of force doctrine of the Bush Adminis-tration, most recently evidenced in Iraq, supplies oneanswer. But that answer begs another question—

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IInternternational Enational Economic Lawconomic Law Seminars at the EuroEuropean Union, the World Trade Organization, Arbitration CDevelopment. (3 credits)

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opean Bank for Reconstruction and Development, theCourt, and the Organization for Economic Cooperation and

the United Nations, the International Committee of the Redefugees, and the International Labor Organization. (3 credits)

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assuming the preemptive use of force is legitimate,what are the relevant standards for detection? TheIraq debate has put in sharp relief the reliability ofintelligence and, more important, the process throughwhich intelligence is analyzed and assessed.The BushAdministration’s new use of force doctrine requiresrenewed attention to the historic tension between, onone hand, the need for robust intelligence collectiontogether with protection of sources and methods,and, on the other hand, transparency in internationaldecision-making, traditional respect for national sov-ereignty, and emerging norms concerning changingnational security doctrine in the war against terrorism.

Chair: ELIZABETH RINDSKOPF-PARKER,McGeorge School of Law, University of thePacific

Panelists: M.E. BOWMAN, Federal Bureau ofInvestigation; TOBY GATI,Akin Gump StraussHauer & Feld LLP; JUSTICE RICHARD

GOLDSTONE, former Prosecutor, UN CriminalTribunals for the former Yugoslavia and Rwanda

Islam and International Law – Ballroom CAfter exploring issues of the legitimacy and

credibility of international law in the present globalcontext, the lecturer affirms this system and thenexamines possibilities and limitations of its relation-ship to the Islamic tradition at large.The main focusof the lecture, however, is exploration of ways of pro-moting a positive and mutually respectful interactionbetween Islam and international law.

Lecturer: ABDULLAHI AN-NA’IM, EmoryUniversity School of Law

Commentator: LAMA ABU-ODEH, GeorgetownUniversity Law Center

Moderator: ELIZABETH WILCOX, Office of theLegal Adviser, U.S. Department of State

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10:45 am–12:15 pmPANELS AND LECTURE

The Role of Law in Combatting OfficialCorruption – Ballroom A

Official corruption has come to be recognizedas an enemy of economic efficiency, democratization,and the rule of law.This panel will address efforts tocombat official corruption, particularly the efficacy ofanti-corruption laws and conventions.Among othertopics, this discussion will consider what factors con-tribute to the development of international normsagainst corruption; the efficacy of the OECD, OAS,Council of Europe, and UN anti-corruption conven-tions; the value and cost-effectiveness of OECD effortsto monitor compliance by signatories; enforcement,including extraterritorial enforcement of the U.S.Foreign Corrupt Practices Act; the role of NGOssuch as Transparency International and CEELI; andthe effects of embedded cultural patterns of pettycorruption and grand corruption.

Chair: HOMER MOYER, Miller & Chevalier

Panelists: ROBERT LEVENTHAL,ABA CentralEuropean and Eurasian Law Initiative; PHILIP

NICHOLS,The Wharton School, University ofPennsylvania; SUSAN ROSE-ACKERMAN,YaleUniversity; PAUL B. STEPHAN, University ofVirginia School of Law

Accountability for War Crimes:What Rolesfor National, International and HybridTribunals? – Ballroom B

In recent years, the number and types of fora inwhich to hold war criminals and human rightsabusers accountable—from the ICC to the UN Secu-rity Council-created war crimes tribunals, to hybriddomestic and international courts, to domestic prose-cutions, to transnational prosecutions under theoriesof universal jurisdiction, to truth and reconciliationcommissions—has proliferated dramatically. Indeed,for many, the debate has shifted from whether suchfora should exist, to potentially even more compli-cated questions concerning the advantages and dis-advantages of each mechanism and the relationships

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among them.This panel will engage this debate andconsider the various accountability mechanisms,comparing their procedures, substantive legal norms,and underlying goals.The panel also will addresswhether to view the different mechanisms as com-plementary rather than mutually exclusive alternativesand, if so, what difficulties may arise in coordination.

Chair: LAURA DICKINSON, University ofConnecticut School of Law

Panelists: ALLISON M. DANNER, VanderbiltUniversity Law School; DAVID J. LUBAN, George-town University Law Center; WILLIAM SCHABAS,National University of Ireland; JUDGE PATRICIA

WALD, Open Society, DC, and former Judge onthe International Criminal Tribunal for the formerYugoslavia

Empirical Work in Human Rights – Ballroom CIs it possible to measure the effectiveness of

human rights instruments? Do the data suggest thatwe need to rethink the tools of human rights? Howshould advocates use empirical data? This panel bringstogether human rights experts to consider thesequestions and to evaluate the promises and pitfalls ofquantitative work in human rights.

Chair: STEVEN R. RATNER, University of Texas,Austin

Panelists: RYAN GOODMAN, Harvard LawSchool; OONA HATHAWAY,Yale Law School;KARIN LUCKE, Office of the UN HighCommissioner for Human Rights

The Institutions of International IntellectualProperty Law: New Actors, New Sources andNew Structures? – Ballroom D

International intellectual property norms are nowbeing developed by a wide range of institutions—some national, some international, and some that donot fit neatly into either category; by bodies designedto address intellectual property; by trade and otherbodies; and by actors public, private, and indeterminate.This new wave of international norm creation notonly augments a growing body of substantive norms

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but also raises difficult structural questions about thefuture development of the international intellectualproperty system.

Lecturer: GRAEME DINWOODIE, Chicago-KentCollege of Law, Illinois Institute of Technology

Commentator: RUTH OKEDIJI, University ofMinnesota Law School

Moderator: LAURENCE HELFER, Loyola LawSchool, Los Angeles, and Princeton University

12:30–2:00 pmLUNCH HOUR PROGRAMS

Climate Justice:The Prospects for ClimateChange Litigation – Ballroom A

In the face of timorous international legal responseto climate change, the UN Framework Convention onClimate Change (emasculated further by the decisionof the United States not to ratify the Kyoto Protocolto the agreement), a number of nations, state and localgovernments, and NGOs have begun to explore theprospects for pursuing litigation to protect the inter-ests of those nations most vulnerable to the impactsof climate change.This panel will explore the viabilityof this approach at the international level, with a focuson the prospects for bringing such actions in specificfora, including the International Tribunal for the Lawof the Sea and human rights tribunals.The panel issponsored by the Wildlife Interest Group.

Chair: WILLIAM BURNS, University of Redlands

Panelists: DONALD GOLDBERG, Center forInternational Environmental Law; ANDREW L.STRAUSS,Widener University School of Law;FARHANA YAMIN, Institute of DevelopmentStudies, University of Sussex

Private International Law Year in Review –Ballroom B

This panel addresses significant substantive andprocedural developments in the field of private inter-national law. It focuses on the work of the leadinginstitutions in the field—including the United Nations

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Commission on International Trade Law (UNCITRAL),the International Institute for the Unification ofPrivate Law (UNIDROIT), and the Hague Con-ference on Private International Law—as well as onsignificant judicial decisions, the status of existingprivate law conventions, and other developments ofinterest for academics and practitioners.The panel issponsored by the Private International Law InterestGroup.

Moderator: MICHAEL P.VAN ALSTINE, Universityof Maryland School of Law

Panelists: PAUL BEAUMONT, University ofAberdeen, Scotland; HAROLD BURMAN, U.S.Department of State; JEFFREY KOVAR, U.S.Department of State; MERCEDES MAYO,Inter-American Savings and Loan Bank

Africa: Mapping New Boundaries inInternational Law – Ballroom C

This panel will examine the meaning, impact, andrelevance of international law to African states witha specific emphasis on the contribution of Africanstates to the development of international law.Africanstates are in part responsible for the current shift orflux in international law both as subjects and objectsof international law. For over 15 years,African stateshave been reconfiguring their frameworks and rules andadopting new strategies to meet current challengesposed by—among other things—civil conflict, cor-ruption, acute poverty, underdevelopment, and theHIV/AIDS pandemic, and simultaneously taking actionwith others to meet these challenges.The panel issponsored by the Africa Interest Group.

Chair: JEREMY LEVITT, DePaul UniversityCollege of Law

Panelists: EVELYN ANKUMAH, Executive Director,Africa Legal Aid (Ghana);TIYANJANA MALUWA,Pennsylvania State University, Dickinson Schoolof Law; VINCENT NMEHIELLE, University of theWitwatersrand

Discussant: ADRIEN WING, University of IowaCollege of Law

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Workshop: Does Human Rights Have a Theoryof the State? Does It Need One? – Ballroom D

Until the end of the Cold War, the human rightsmovement tended to wear an “anti-sovereignty” label.But for a variety of reasons—from globalization tothe emphasis on ESC rights to the strong state rolecontemplated by treaties like CEDAW—the labelno longer fits. Is there a coherent theory of the stateto undergird the apparent divergence within themovement? Does it matter?

Co-Convenors: ALICE MILLER, Columbia Uni-versity; PETER ROSENBLUM, Columbia UniversitySchool of Law

12:30–2:30 pmAmerican Branch International Law AssociationExecutive Committee Meeting – Caucus Room

2:15–3:45 pmPANELS AND LECTURE

Iraq, One Year Later – Ballroom AThe panelists return to controversies that emerged

during last year’s Annual Meeting relating to theIraq war. One year later, how do five scholars mapthe concepts: Illegality v. Legitimacy; Legitimacy v.Mitigation; and Mitigation v. Necessity, all in thecontext of the war in Iraq?

Chair: MARY ELLEN O’CONNELL, Ohio StateUniversity, Moritz College of Law

Panelists: JAMES R. CRAWFORD, CambridgeUniversity; RICHARD FALK, University of SantaBarbara; THOMAS M. FRANCK, New York Uni-versity School of Law; ANNE-MARIE SLAUGHTER,Princeton University

Protection or Control? Regulating theMovement of People in a Globalized World –Ballroom B

Whether it be in connection with interstateefforts to control borders or combat trafficking, orthe increasingly routine reception of asylum seekersin detention facilities, migration management is

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increasingly treated as a matter of criminal law.Thispanel of experts will describe these trends and assessthe suitability of the law enforcement approach tomigration management.

Moderator: KATHLEEN NEWLAND, MigrationPolicy Institute

Panelists: MARYELLEN FULLERTON, BrooklynLaw School; JULIA HALL, Human Rights Watch;DAVID A. MARTIN, University of Virginia Schoolof Law

New Directions in International EnvironmentalLaw – Ballroom C

The speakers on this panel were chosen by a peer-reviewed process.The panel provides an opportunityfor a scholarly discussion of new, unpublished paperson international environmental law. Papers to be pre-sented are:“Georgia Law: Rules and Standards in Inter-national Environmental Law” by Daniel Bodansky;“NYU Law:Treat with (pre)Caution: Lessons from theUse of Science in Decision-making under the WTO’sSPS Agreement” by Jacqueline Peel; and “ECJ,TheDisplacement of International Obligations: BITs andthe Commodification of the Environment” by SusanLuebuscher.

Chair: KAL RAUSTIALA, University of Californiaat Los Angeles Law School

Panelists: DANIEL BODANSKY, University ofGeorgia School of Law; SUSAN LEUBUSCHER,European Court of Justice; JACQUELINE PEEL,New York University School of Law

MANLEY O. HUDSON MEDAL LECTURE

Why Regime Change is (Almost Always) a Bad Idea – Ballroom D

Under what circumstances, if any, is multilateralor unilateral regime change internationally lawful andunder what conditions can it succeed?

Lecturer: W. MICHAEL REISMAN, Yale Law School

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Commentator: RUDOLF DOLZER, Director,Institute of International Law, University of Bonn

Moderator: LUCY REED, Freshfields BruckhausDeringer LLP

3:30–4:25 pmPatrons Reception – Caucus Room(By invitation)

3:45–4:30 pmVisit with Exhibitors – Foyer and Solarium

The European Journal of International Law invitesyou to a drinks reception to meet its editor-in-chief,Philip Alston, at the Oxford University Press tables inthe exhibit area.

4:30–5:30 pmKeynote Address – Ballrooms A, B and C

Speaker: JUSTICE ANTONIN SCALIA,U.S. Supreme Court

Introducer: ANNE-MARIE SLAUGHTER,Princeton University

6:00–7:00 pmPlenary: Does International Law Matter? –Ballrooms A, B and C

The panelists will explore where and howinternational law functions, both well and poorly,and discuss ways in which its implementation andcompliance can be strengthened.

Chair: JAMES FEINERMAN, GeorgetownUniversity Law Center

Panelists: DAVID D. CARON, University ofCalifornia School of Law, Berkeley; MICHAEL J.GLENNON, Fletcher School of Law and Diplo-macy,Tufts University; CATHERINE KESSEDJIAN,Universite Pantheon-Assas Paris II, and HauserVisiting Professor at New York University Schoolof Law; KARL M. MEESSEN, Friedrich-Schiller-Universitat-Jena (Germany)

Cosponsored by Georgetown University Law Center

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7:00–8:00 pmAnnual Reception – Ballroom D, Foyer and SolariumCosponsored by Georgetown University Law Center

8:00–11:00 pmAnnual Dinner – Monet Ballroom, Second Floor

After-Dinner ConversationInternational Court of JusticeAvena and Other Mexican Nationals (Mexico v.United States of America)

Discussants: CATHERINE BROWN, U.S. Depart-ment of State; DONALD FRANCIS DONOVAN,Debevoise & Plimpton

Commentary: JAMES R. CRAWFORD,Cambridge University

Moderator: JAMES H. CARTER, Sullivan &Cromwell, and ASIL President

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SaturdayApril 3, 2004

7:45–8:45 amInterest Group Business MeetingsInternational Economic Law – Ballroom AInternational Environmental Law – Ballroom B

7:45–8:45 amInterest Group Chairs Meeting/Breakfast –Caucus Room (By invitation)

9:00–10:30 amPANELS

The Bush Administration PreemptionDoctrine and the Future of World Order –Ballroom A

The UN Charter authorizes the use of force underexceptional circumstances, while the preemptiondoctrine is based on the existence of a threat againstnational security.The tension between these twovisions is critical for the future impact of the UnitedNations and its involvement in overseeing compli-ance with international law. Is a reform of the UNcharter and the system required if the preemptiondoctrine is universally accepted? Panelists will discussthe role of the UN and other implications for theuse of force in the light of the preemption doctrine.

Chair: JOHN NORTON MOORE, University ofVirginia School of Law

Panelists: ANTONY ANGHIE, University of UtahCollege of Law; CHARLES HILL,Yale Universityand the Hoover Institution, Stanford University;WILLIAM HOWARD TAFT IV,The Legal Adviser,U.S. Department of State; ELISABETH ZOLLER,University of Paris-II

Treaties in U.S. Law—New Debates on OldIdeas? – Ballroom B

In recent years scholars have debated vigorouslythe scope of the U.S. treaty power and the properrole of federalism in the exercise of that power. Some

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argue that recent treaties require the United Statesto delegate an unprecedented—and inappropriate—level of authority over matters previously reserved tothe domestic sphere. Others challenge whether theU.S. can continue to conclude and implement treatieson matters that the federal government would notbe able to regulate in the absence of a treaty. Stillothers debate the use of the term “self-executing”and the legal implications of labeling a treaty “non-self-executing.”The panel will examine the conse-quences of these legal debates for existing treaties andongoing negotiations as well as the implications ofthese debates for international perceptions of U.S.compliance with its treaty obligations.

Chair: DUNCAN HOLLIS, Office of the LegalAdviser, U.S. Department of State

Panelists: CURTIS BRADLEY, University of Vir-ginia School of Law, and Counselor on Inter-national Law, U.S. Department of State; LORI F.DAMROSCH, Columbia University School of Law;DAVID SLOSS, St. Louis University School of Law;EDWARD SWAINE, University of Pennsylvania

Human Rights and Humanitarian Law: AreThere Some Individuals Bereft of All LegalProtection? – Ballroom C

For many years it was widely assumed that inter-national humanitarian law (IHL) and internationalhuman rights law (IHRL) were two entirely separatebodies of law and that IHL applied in times of warand IHRL in times of peace.The ICJ, in paragraph 25of its Advisory Opinion on Nuclear Weapons, seemedto say that there was a greater degree of overlap betweenthe two.The panel will discuss how this debate impactson current controversy regarding the GuantanamoBay detainees and other contemporary issues.

Chair: CHRISTOPHER GREENWOOD, QC, LondonSchool of Economics

Panelists: LOUISE DOSWALD-BECK, InternationalCommission of Jurists; VERA GOWLLAND-DEBBAS,Graduate Institute of International Studies,Geneva; FRITS KALSHOVEN, University of Leyden;ANDRE SURENA,Washington, DC

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10:45 am–12:15 pmWRAP-UP PANEL – Ballrooms A, B and C

Chair: JAMES H. CARTER, Sullivan & Cromwell;and President,ASIL

Panelists: PHILIP ALSTON, New York UniversitySchool of Law; JAN PAULSSON, FreshfieldsBruckhaus Deringer LLP; ABBY COHEN SMUTNY,White & Case LLP; BRIGITTE STERN, Universityof Paris I

■ ■ ■

2:00–9:00 pmWorkshop on the Teaching of InternationalLaw – Quorum Room

Sponsored by the ASIL Teaching Initiative; theILA Committee on the Teaching of InternationalLaw; and the Institute for International Law &Politics, Department of Government, GeorgetownUniversity. (Advance registration was required.)

Chair: JOHN KING GAMBLE, Pennsylvania StateUniversity, Behrend College

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WWW.ASIL.ORG

FREE ONLINE RESOURCES FROM THE

ASIL:

• ASIL INSIGHTS—E-mail based listserveproviding the international law behind theheadlines, informing policy makers, the pressand the public.

• INTERNATIONAL LAW IN BRIEF—E-mail basedlistserve providing analytical abstracts ofsignificant documents reflecting the breadthof contemporary international law.

• ASILFORUM—Email-based discussion groupfor the collegial exchange of views andinformation on international law-related issues.

• GUIDE TO ELECTRONIC RESOURCES FOR

INTERNATIONAL LAW—Provides guidance onusing electronic resources for international lawresearch.

• ASILEX—Searchable 2600+ recordbibliographic database of ASIL publications.

4 DAYS OF SAVINGS ATTHE ASIL EXHIBIT BOOTH

ANNUAL MEETING SPECIALS:

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Receive a FREE copy of The Individual in aGlobal Society radio series with any purchase.

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The American Society of International Law

ABOUT THE ASIL

OFFICERS

PRESIDENT: Anne-Marie SlaughterHONORARY PRESIDENT:Thomas BuergenthalPRESIDENT-ELECT: James H. CarterEXECUTIVE VICE PRESIDENT AND EXECUTIVE

DIRECTOR: Charlotte KuVICE PRESIDENTS: José E.Alvarez, Lucinda Low,

David A. MartinHONORARY VICE PRESIDENTS (three immediate

Past Presidents): Charles N. Brower,Thomas M.Franck,Arthur W. Rovine

SECRETARY: Frederic L. KirgisTREASURER: Nancy L. PerkinsASSISTANT TREASURER: Kent BressiePAST PRESIDENTS (in addition to Honorary Vice

Presidents): Louis Henkin, Covey T. Oliver,William D. Rogers, Louis B. Sohn, Peter D.Trooboff, Edith Brown Weiss

EXECUTIVE COUNCILUntil Spring 2004:Alan J. Kreczko, Edward Kwakwa, Mary CatherineMalin, Judith Miller, Sean D. Murphy, Gerald L.Neuman, Lucy Reed, David Wippman

Until Spring 2005:Bartram S. Brown, Karen Knop, Jeffrey Lang,Leila Sadat, David Scheffer, Chantal Thomas

Until Spring 2006:Adeno Addis, Roger Alford, Karima Bennoune,Daniel Bethlehem, Daniel Bodansky,Allison M.Danner, Beth Simmons, Miriam Sapiro

COUNSELLORSUntil Spring 2004:Rita Hauser, Judge Rosalyn Higgins, John NortonMoore, Ved P. Nanda, Justice Sandra Day O’Connor,Judge Stephen M. Schwebel, Edwin D.Williamson,Judge Diane P.Wood

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Until Spring 2005:Judge Rosemary Barkett, Richard B. Bilder, Lori F.Damrosch; John H. Jackson, Susan L. Karamanian,Michael Matheson,W. Michael Reisman, JeromeShestack

Until Spring 2006:Ian Brownlie, Hilary Charlesworth,Tom J. Farer,John King Gamble, Conrad K. Harper, MarttiKoskenniemi, Dinah Shelton, Judge Patricia Wald

NEW OFFICERS FOLLOWING APRIL 1,2004, ELECTIONS

PRESIDENT: James H. CarterHONORARY PRESIDENT:Thomas BuergenthalEXECUTIVE VICE PRESIDENT AND EXECUTIVE

DIRECTOR: Charlotte KuVICE PRESIDENTS: Lucinda Low, David A. Martin,

Lucy ReedHONORARY VICE PRESIDENTS (three immediate

Past Presidents):Thomas M. Franck,Arthur W.Rovine,Anne-Marie Slaughter

PAST PRESIDENTS (in addition to Honorary VicePresidents): Charles N. Brower, Louis Henkin,Covey T. Oliver,William D. Rogers, Louis B.Sohn, Peter D.Trooboff, Edith Brown Weiss

EXECUTIVE COUNCIL (to serve until spring 2005):Eliana Davidson (to complete the term of Carol Lee)D. Stephen Mathias (to complete the term of

Samuel Witten)

EXECUTIVE COUNCIL (to serve until spring 2007):Peter E. Bass, Rosa Ehrenreich Brooks, HannahBuxbaum, Douglass Cassel, Emanuela Gillard, VaughanLowe, Balakrishnan Rajagopal, Michael Scharf

COUNSELORS (to serve until spring 2007):James Bacchus, Pierre-Marie Dupuy, Rita Hauser,Judge Rosalyn Higgins, Justice Sandra Day O’Connor,Donald McRae, Judge Stephen Schwebel, EdwinWilliamson

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New and Noteworthy Titles

Local Remedies in International LawSecond Edition

C.F. AmerasingheCambridge Studies in International and Comparative Law 31

United States Hegemony and the Foundations ofInternational LawEdited by Michael Byers and Georg Nolte

A Handbook of Anti-Dumping InvestigationsJudith Czako, Johann Human, and Jorge Miranda

The Internationalisation of Antitrust PolicyMaher M. Dabbah

Restitutionary Rights to Share in DamagesCarers’ Claims

Simone Degeling

ICSID ReportsVolume 6: Reports of Cases Decided by the International Convention

Edited by James Crawford and Karen Lee

us.cambridge.org/law

2003 ASIL Certificate of Merit Recipients:

The Health of NationsSociety and Law beyond the State

Philip Allot

Diversity and Self-Determination inInternational LawKaren KnopCambridge Studies in International and Comparative Law 20

United States’ Practice in International LawVolume 1: 1999-2001

Sean D. Murphy

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New and Noteworthy Titles

Law and Nature David Delaney

The Conduct of Hostilities underthe Law of International ArmedConflictYoram Dinstein

The Legal Regime of ForeignPrivate Investment in Sudan andSaudi ArabiaFath El Rahman Abdalla El Sheikh

The WTO Case Law of 2001 The American Law Institute Reporters’ Studies

Edited by Henrik Horn and Petros C. Mavroidis

Courts and Political InstitutionsA Comparative View

Tim Koopmans

The Rational Design ofInternational InstitutionsEdited by Barbara Koremenos,Charles Lipson, and Duncan J. SnidalInternational Organization

International Law ReportsEdited by Elihu Lauterpacht andChristopher J. GreenwoodVolume 124Volume 125

Comparative Legal Studies:Traditions and TransitionsEdited by Pierre Legrand and Roderick Munday

us.cambridge.org/law

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New and Noteworthy Titles

Regional Private Laws and Codification in EuropeEdited by Hector MacQueen, Antoni Vaquer, and Santiago Espiau Espiau

Doha and BeyondThe Future of the Multilateral Trading System

Mike Moore

The Practice and Procedure of the Inter-AmericanCourt of Human RightsJo M. Pasqualucci

Genes and InsuranceEthical, Legal and Economic Issues

Marcus Radetzki, Marian Radetzki, and Niklas JuthCambridge Law, Medicine and Ethics 1

International Law from BelowDevelopment, Social Movements and Third World Resistance

Balakrishnan Rajagopal

From Nuremberg to The HagueThe Future of International Criminal Justice

Edited by Philippe Sands

Principles of International Environmental LawSecond Edition

Philippe Sands

An Introduction to the International CriminalCourtSecond Edition

William A. Schabas

International LawFifth Edition

Malcolm N. Shaw

us.cambridge.org/law

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New and Noteworthy Titles

Dimensions of Private LawCategories and Concepts in Anglo-AmericanLegal Reasoning

S.M. Waddams

Dispute Settlement Reports 2001World Trade OrganizationVolumes 1-3

European ConstitutionalismBeyond the StateEdited by J.H.H. Weiler and Marlene Wind

International Law Journalsavailable from Cambridge

Leiden Journal of International Law

Netherlands International Law Review (New to CUP in 2004)

World Trade Review

us.cambridge.org/law

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The SOURCE for INTERNATIONAL LAW

Global Governance ofFinancial SystemsThe Legal and EconomicRegulation of Systemic RiskKERN ALEXANDER, RAHUL DHUMALE,and JOHN EATWELLJuly 2004 $45.00

International HumanRights and Islamic LawMASHOOD A. BADERIN2003 $95.00

Between Anarchy and SocietyTrusteeship and the Obligations of PowerWILLIAM BAIN2003 $72.00

Energy SecurityManaging Risk in a Dynamic Legaland Regulatory EnvironmentEdited by BARRY BARTON, CATHERINEREDGWELL, ANITA RÿNNE, and DONALD N. ZILLMANMay 2004 $190.00

Peace Agreements andHuman RightsCHRISTINE BELL2001 (paper 2004) paper $39.95cloth $120.00

Principles of PublicInternational LawSixth EditionIAN BROWNLIE2003 paper $45.00 cloth $115.00

Justice, Legitimacy, andSelf-DeterminationMoral Foundations for International LawALLEN BUCHANAN2004 $35.00

International Criminal LawANTONIO CASSESE2003 paper $45.00 cloth $90.00

Protecting Human RightsInstruments and InstitutionsEdited by TOM CAMPBELL, JEFFREYGOLDSWORTHY, and ADRIENNE STONE2003 $98.00

You, The PeopleThe United Nations, TransitionalAdministration, and State-BuildingSIMON CHESTERMANMay 2004 $74.00

Index to British YearBook of International Law 1961-2001MATTHEW CRAVENMarch 2004 $180.00

The Law of Human RightsMain Volume and Second AnnualUpdating SupplementRICHARD CLAYTON and HUGH TOMLINSONCAROL GEORGE and VINA SHUKLA2003 $299.00

State ImmunitySelected Materials andCommentaryANDREW DICKINSON, RAE LINDSAY,and JAMES P. LOONAMMay 2004 $175.00

External Relations of theEuropean UnionLegal and ConstitutionalFoundationsPIET EECKHOUTMay 2004 $107.00

International LawEdited by MALCOLM D. EVANS2003 paper $39.95

The Law of StateImmunityHAZEL FOX2003 (paper April 2004) paper $49.95 cloth $125.00

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Principles of HumanRights AdjudicationCONOR A. GEARTYMay 2004 $55.00

The Human Rights ofPersons with IntellectualDisabilitiesDifferent but EqualEdited by STANLEY S. HERR,LAWRENCE O. GOSTIN, and HAROLD HONGJU KOH2003 paper $49.95 cloth $160.00

International Covenanton Civil and PoliticalRightsCases, Commentary, and MaterialsSecond EditionSARAH JOSEPH, JENNY SCHULTZ, andMELISSA CASTANMay 2004 $190.00

The InternationalCriminal Tribunal for theFormer YugoslaviaAn Exercise in Law, Politics, and DiplomacyRACHEL KERR2004 $74.00

Gender and Human RightsEdited by KAREN KNOP2004 paper $28.95 cloth $80.00

United Kingdom Materialson International Law 1975-2001Version 1.0 on CD-ROMEdited by GEOFFREY MARSTON2004 CD-ROM (Windows) $475.00

Procedural Law inInternational ArbitrationGEORGIOS PETROCHILOSMay 2004 $125.00

Commentaries on ArmsControl TreatiesThe Convention on the Prohibitionof the Use, Stockpiling, Productionand Transfer of Anti-PersonnelMines and on Their DestructionVolume ISTUART MASLEN2004 $145.00

The Cultural DefenseALISON DUNDES RENTELN2004 $45.00

Universal JurisdictionInternational and Municipal Legal PerspectivesLUC REYDAMS2003 $99.00

The Manual of the Law ofArmed ConflictEdited by The UK Ministry of DefenceAugust 2004 $150.00

Commitment andComplianceThe Role of Non-Binding Norms inthe International Legal SystemEdited by DINAH SHELTON2000 (paper 2003) paper $35.00cloth $140.00

Human Rights and theEnd of EmpireBritain and the Genesis of theEuropean ConventionA. W. BRIAN SIMPSON2001 (paper 2004) paper $45.00cloth $98.00

Human RightsBetween Idealism and RealismCHRISTIAN TOMUSCHAT2004 paper $39.95 cloth $72.00

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INTERNATIONAL ECONOMIC LAW

‘Like Products’ inInternational Trade LawTowards a Consistent GATT/WTO JurisprudenceWON-MOG CHOI(International Economic Law Series)2003 $135.00

International Economic LawANDREAS F. LOWENFELD(International Economic Law Series)2002 (paper 2003) paper $45.00cloth $135.00

The World TradeOrganizationLaw, Practice and PolicyMITSUO MATSUSHITA, THOMAS J. SCHOENBAUM, and PETROS C. MAVROIDIS(The Oxford International Law Library)2003 $175.00

The Structure ofRegulatory CompetitionCorporations and Public Policies ina Global EconomyDALE D. MURPHY(International Economic Law Series)2004 $95.00

Standards of Review inWTO Dispute ResolutionMATTHIAS OESCH(International Economic Law Series)2004 $99.00

Transatlantic EconomicDisputesThe EU, the US, and the WTOEdited by ERNST-ULRICH PETERSMANNand MARK A. POLLACK(International Economic Law Series)2004 paper $49.95 cloth $175.00

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