Moscow, 3 Bolshoy Trekhsvyatitelsky Pereulok, rooms 227, 228b
Head of the School of International LawE-mail: email@example.com
Deputy Head of the School of International LawE-mail: firstname.lastname@example.org
During the first seminar, which is scheduled for October 6, Professor Mary Ellen O'Connell will give a talk entitled, 'Beauty in Legal Theory Will Save the World: Revitalizing the Theory of International Law Compliance’. As part of her talk, she will present the concept outlined in her recently published monograph 'Art of Law in the International Community' (CUP, 2019).
International law evolved to end and prevent armed conflict as much as for any other reason. Yet, the law against war appears weaker today than ever in its long history, evidenced by raging armed conflicts in which people are killed, injured, and forcibly displaced. The environment is devastated, and the planet impoverished. These consequences can be traced to the dominant ideology of realism. In 1946, Hersch Lauterpacht challenged that ideology by contrasting it with the idea of international law, composed of natural law, positive law, and process theory. The approach suggested in the recent monograph of Mary Ellen O'Connell 'Art of Law in the International Community' revives his vision, rebuilding the understanding of why international law binds, what its norms require, and how courts are the ideal substitutes for war. The secret to the renewal of international law lies in revitalizing the moral foundation of natural law through drawing on aesthetic philosophy and the arts. The presentation at the HSE Research Seminar on International Law will dwell on these issues with a focus on the Theory of International Law Compliance.
About the speaker:
Mary Ellen O'Connell is the Robert and Marion Short Professor of Law and is Research Professor of International Dispute Resolution—Kroc Institute for International Peace Studies, University of Notre Dame. She is the author or editor of numerous books and articles on international law on the use of force, weapons technology, dispute resolution, and international legal theory, including The Art of Law in the International Community (CUP, 2019), Self-Defense against Non-State Actors (with C. Tams and D. Tladi, CUP, 2019) and The Power and Purpose of International Law: Insights from the Theory and Practice of Enforcement (OUP, 2008, 2011). O’Connell has served as a vice president of the American Society of International Law from 2010-2012 and chaired the Use of Force Committee of the International Law Association from 2005-2010. Professor O’Connell was a Fulbright Fellow at the Norwegian Nobel Institute, the Center for Theological Inquiry, Princeton, in a project organized jointly with Princeton’s Program on Law and Public Affairs. Previously, she was a professional military educator for the U.S. Department of Defense in Garmisch-Partenkirchen, Germany. She also practiced law with the Washington, D.C.-based international law firm, Covington & Burling.
On 17 July 2018, the International Criminal Court’s jurisdiction over the crime of aggression was activated. The guest lecture will sketch out the key elements of the so-called Kampala amendments of the Statute of the International Criminal Court. It will also offer a few reflections on the almost century long historic journey that has allowed the first permanent international criminal court in history to prosecute State leaders responsible for aggression, on the values that underlie the criminalization of aggression and on the contemporary significance of the consensus reached by the States Parties to the Statute of the International Criminal Court on the subject-matter.
Claus Kress is a Professor of International Law and Criminal Law. He holds the Chair for German and International Criminal Law and is the Director of the Institute of International Peace and Security Law at the University of Cologne. His prior practice was in the German Federal Ministry of Justice on matters of criminal law and international law. In addition to his scholarly work, comprising more than 150 publications on the law on the use of force, the law of armed conflicts and international criminal law, he has been a member of Germany’s delegations in the negotiations regarding the International Criminal Court since 1998. He is a Life Member of Clare Hall College at the University of Cambridge, a Member of the Academy of Sciences and Arts of Northrhine-Westfalia, and the recipient of the 2014 M.C. Bassiouni Justice Award as well as of honorary doctorates from the State University Tbilisi of and the University of Huánuco. He was a Guest Professor at Columbia Law School, Melbourne Law School, University of Kyoto and Fernand BraudelSenior Scholar at the European University Institute (Fiesole). In 2019 he was appointed ad hoc judge to the International Court of Justice in the case on ‘Application of the Convention on the Prevention and Punishment of the Crime of Genocide (The Gambia v. Myanmar)’.
Professor Geir Ulfstein (University of Oslo) will present on ‘The Principle of Subsidiarity in the Work of the European Court of Human Rights’ at the HSE Research Seminar on International Law.
‘The Principle of Subsidiarity in the Work of the European Court
of Human Rights’
Professor Geir Ulfstein (University of Oslo)
December, 8 at 4:20 p.m. (Moscow time)
Meeting ID: 934 9815 5457
International courts and tribunals have been criticized for possessing too much power at the expense of domestic decision-making, i.e. that they represent too much internationalization. In addition, it has been claimed that they undermine political decision-making, through excessive judicialization. The European Court of Human Rights is among the courts that have been subject to such criticism. However, the increased power of this Court has been balanced by allowing member states some discretion in the implementation of the European Convention on Human Rights through the ‘margin of appreciation’, and to some extent also by emphasizing that it is not a ‘fourth instance’. This deference by the Court has been seen as an aspect of subsidiarity, i.e. to restrict internationalization. Moreover, the Court has distinguished between the review of decisions by different domestic constitutional organs, arguably as an aspect of the separation of powers, i.e. to restrict judicialization. On the other hand, the Court must ensure that the rights envisaged in the Convention are effectively protected and the rule of law respected.
In his presentation, Professor Ulfstein will discuss the Court’s use of subsidiarity and the separation of powers with the deference applied by domestic constitutional courts and ask, whether there is a sound basis for similarities and differences between the two forms of review.
Geir Ulfstein is Professor of international law at the Department of Public and International Law, University of Oslo and Co-director of PluriCourts – Centre for the Study of the Legitimate Roles of the Judiciary in the Global Order at University of Oslo. He has been Director of the Norwegian Centre for Human Rights, University of Oslo in 2004-2008. Professor Ulfstein has published in different areas of International Law, including the law of the sea, international environmental law, international human rights and international institutional law. He is General Editor (with Andreas Føllesdal) of two book series Studies on Human Rights Conventions and Studies in International Courts and Tribunals (Cambridge University Press). Professor Ulfstein is President of the Norwegian Branch of the International Law Association, Co-chair of the International Law Association’s Study Group on the ‘Content and Evolution of the Rules of Interpretation’ and is Chair of the Scientific Advisory Board, Max Planck Institute for Procedural Law in Luxembourg. He has been member of the Executive Board of the European Society of International Law in 2010-2016. Professor Ulfstein is also a member of the Norwegian Academy of Science and Letters.
23 September at 6:10 p.m. Lecture of Anna Jourbin-Bret (Secretary, UNCITRAL) on 'MODERNIZING AND REFORMING INTERNATIONAL TRADE LAW: LATEST TRENDS IN UNCITRAL'.
September, 23 at 6:10 p.m. (Moscow time)
Offline: Higher School of Economics, Moscow, Pokrovsky bul. 11, F 301
ID: 881 6385 7929 Code: 914137
In her presentation Mrs. Anna Joubin-Bret will focus on the various legislative texts UNCITRAL is currently working on, including dispute resolution, the legal issues arising from the digital economy and the way trade has been impacted by the Covid-19 pandemic and how UNCITRAL texts can be used in the States’ response and recovery efforts.
Mrs. Anna Joubin-Bret is the Secretary of the United Nations Commission on International Trade Law and Director of the Division on International Trade Law in the Office of Legal Affairs of the United Nations.
Prior to her appointment, Mrs. Joubin-Bret was Attorney-at-law and practiced in Paris. She specialized in International Investment Law and Investment Dispute Resolution. She focused on serving as counsel, arbitrator, mediator and conciliator in international investment disputes. She served as arbitrator in several ICSID, UNCITRAL and ICC disputes. Prior to 2011 and for 15 years, Anna was the Senior Legal Adviser for the United Nations Conference on Trade and Development (UNCTAD). In this capacity, she managed the research and advisory work on international investment law issues as well as the technical assistance program on international investment agreements (IIAs). During her tenure, Anna assisted countries and governments in the formulation of investment policies and frameworks and the management of investor-State disputes. Anna has edited and authored seminal research and publications on international investment law, notably the Sequels to UNCTAD IIA Series. She co-edited with Jean Kalicki a book on Reform of Investor-State Dispute Settlement in 2015. She lectures on international investment law in various universities and institutes all over the world. She holds a post-graduate degree (DEA) in Private International Law from the University of Paris I, Panthéon-Sorbonne, a Masters Degree in International Economic Law from University Paris I and in Political Science from Institut d'Etudes Politiques. She has been Legal Counsel in the legal department of the Schneider Group, General Counsel of the KIS Group and Director-Export of Pomagalski S.A. She has been appointed judge at the Commercial Court in Grenoble (France) and was elected Regional Counsellor of the Rhône-Alpes Region in 1998.