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Б. Трехсвятительский пер., 3, каб. 227, 228б
Тел.: (495) 772-95-90,
доб. 23066 или 23067
Б. Трехсвятительский пер.,3,каб. 228бE-mail: firstname.lastname@example.orgТел. +7 (495) 772-95-90 вн. 23067
Б. Трехсвятительский пер., 3, каб. 228бE-mail: email@example.comТел. +7 (495) 772-95-90 вн. 23067
Б. Трехсвятительский пер.,3,каб. 227E-mail: firstname.lastname@example.orgТел. +7 (495) 772-95-90 вн. 23066
6 октября 2020 г. состоялся первый семинар, на котором с докладом “Красота правовой теории спасет мир: укрепление теории соблюдения международного права” выступила всемирно известный учёный, профессор Мари Эллен О’Коннелл (Университет Нотр-Дам). В рамках своего доклада она представила концепцию, изложенную в недавно опубликованной монографии '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.
5 ноября прошёл исследовательский семинар "Преступление агрессии: история, концепция и современное значение", который проведет профессор Клаус Кресс (Университет г. Кёльна).
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)’.
8 декабря 2020 - доклад профессора Джеира Ульфштейна (Университет Осло) "Принцип субсидиарности в деятельности Европейского Суда по правам человека" в рамках Научного семинара по международному праву
‘The Principle of Subsidiary in the Work of the European Court
of Human Rights’
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.
16 марта 2021 г. - с докладом, посвященным вторичным санкциям США, выступиk один из авторитетнейших специалистов по международному праву профессор Том Райс (Университет Гента, Бельгия).
‘A WEAPON OUT OF CONTROL? THE LEGALITY UNDER INTERNATIONAL LAW OF (US) SECONDARY SANCTIONS’
Over the past decade, the United States has increasingly weaponized economic sanctions to push through its foreign policy agenda. Making use of the centrality of the US in the global economy, it has imposed ‘secondary sanctions’ or ‘third country measures’ on foreign firms, which are forced to choose between trading with US sanctions targets or forfeiting access to the US market. In addition, the US has penalized foreign firms for breaching US sanctions legislation. Against this background, the presentation will look into the compatibility of secondary sanctions with international law, including, in particular, the customary law restrictions on the exercise of jurisdiction, as well as bilateral and multilateral treaty instruments, such as the IMF Articles of Agreement, the WTO Agreements or bilateral investment treaties. The presentation will draw on relevant litigation – recent and pending – before international and regional judicial bodies (ICJ, WTO, EU) as well as national courts, and explore potential judicial remedies for countries and companies impacted by secondary sanctions.
Tom Ruys is a professor of international law at Ghent University (Belgium), where he heads the Ghent Rolin-Jaequemyns International Law Institute (GRILI). Tom’s research covers a variety of fields within the domain of public international law, including the law on the use of force, the law of armed conflict, international dispute settlement, State responsibility, immunities, jurisdiction, and sanctions law. Recent publications include ‘Secondary Sanctions: a weapon out of control’? (with C. Ryngaert, British Yearbook of International Law 2020 – open access), the Cambridge Handbook of Immunities and International Law (ed., with N. Angelet, CUP, 2019) and International Law: a European Perspective (with J. Wouters, C. Ryngaert and G. De Baere, Hart Publishing, 2018). Tom is a co-rapporteur of the International Law Association’s Committee on the Use of Force (Military Assistance on Request) and a member of the International Law Association’s Study Group on Sanctions. He is co-editor-in-chief of the Journal on the Use of Force and International Law (Routledge) and the Military Law and Law of War Review (Edward Elgar). He is vice-president of the Belgian Society of International Law. Tom is also a member of the Brussels Bar and works as of counsel with the Brussels office of Stibbe law firm (PG EU Law, Competition and Regulation).
20 апреля в 16:10 состоится очередной семинар нашего департамента из цикла HSE Research Seminar on International Law.
С докладом, посвященным поощрению в международном праве, выступит один из авторитетнейших специалистов по международному праву и экономике профессор Анне ван Аакен (Университет Гамбурга, ФРГ).
School of International Law of the Faculty of Law invites to
HSE Research Seminar on International Law
‘REWARDING IN INTERNATIONAL LAW’
Professor Anne van Aaken (University of Hamburg)
April, 20 at 4:10 p.m. (Moscow time)
Meeting ID: 711 1453 7745 Passcode: 107276
The question of why states comply with international law has long been at the forefront of international law and international relations scholarship. The compliance discussion has largely focused on negative incentives for states to comply. We argue that there is another, undertheorized mechanism: rewarding. We provide a typology as well as illustrations of how rewards can be applied. Furthermore, we explore the rationale, the potential, and the limitations of rewarding, drawing on rationalist as well as psychological approaches. Both give ample arguments to make more use of rewarding in international law.
Anne van Aaken (Dr. iur. and MA Economics) is Alexander von Humboldt Professor for Law and Economics, Legal Theory, Public International Law and European Law, University of Hamburg. She was Professor at the University of St. Gallen, Switzerland from 2006-2018. She was Vice-President of the European Society of International Law and of the European Association of Law and Economics, and is the Chair of the European University Institute Research Council. She is co-editor of the Journal of International Dispute Settlement (OUP) and a member of the editorial boards i.a. of the American Journal of International Law (CUP), European Journal of International Law (OUP), and International Theory (OUP). She has been consultant for the IBRD, OECD, UNCTAD, GIZ. She is currently working on behavioural economics/psychology of International Law and International Legal Theory (a book forthcoming with OUP) and has published widely in most renowned journals.