The Harvard International Law Journal 2009 Symposium

The Harvard International Law Journal 2009 Symposium

Friday, March 6th, 2009
Hauser 102, Hauser Hall
Harvard Law School


Friday, March 6th, 2009
1:00-1:30pm – Keynote Address
Peter Uvin, Academic Dean and Henry J. Leir Professor of International Humanitarian Studies, The Fletcher School, Tufts University

1:30-3:00pm – Panel I: Corporate Responsibility in the Developing World
Tyler Giannini, Professor, Harvard Law School (Moderator)
Chris Jochnick, Fellow, Oxfam
David Baker, Newmont Mining

3:00-4:30pm – Panel II: Trade & Development
Rachel Brewster, Assistant Professor of Law, Harvard Law School (Moderator)
Chin Leng Lim, Professor, University of Hong Kong
Edwin Kneedler, Deputy Solicitor General, U.S. Solicitor General’s Office
Thomas Sebastian, Counsel, Advisory Center on WTO Law
Claire E. Reade, Chief Counsel for China Trade Enforcement, Office of the U.S. Trade Representative

4:30-6:00pm – Panel III: The International Financial System
Catherin Duggan, Assistant Professor of Business Administration, Harvard Business School (Moderator)
Sean Hagan, General Counsel, International Monetary Fund
Scott White, Acting Vice President and General Counsel, World Bank Group
Ed Greene, Corporate Partner, Cleary Gottlieb Steen & Hamilton LLP

The 2009 Harvard International Law Journal Symposium is made possible through the Milbank, Tweed, Hadley & McCloy Fund

Panel Descriptions:

Panel I: Corporate Responsibility in the Developing World

Development projects present special problems for both the company engaged in development and the host nation. These problems can be resolved through legal mechanisms, informal dispute resolution, or through overt power by one side. The panel will discuss experiences from the planning, execution, and post project phases of international development work focusing on disputes that arose, the manner in which they were resolved, and share ideas about how the process could function better.

Panel II: Trade & Development

Unlike Washington-based international financial institutions (i.e. the World Bank and International Monetary Fund), the World Trade Organization provides a unique forum for developing countries to protect their concerns through legal participation and law-making rights. But with the Doha round of negotiations dragging on into its eighth year and the rise of regional trade agreements, does the WTO still work for developing countries?  In light of this question, some of the topics the panel will discuss are: tensions between other international agreements and the WTO agreement; the development of the legal principles shaping “special and differential” treatment; the rise (and fall?) of coalition forming; and the particular challenges facing lawyers representing least-developed countries.

Panel III: The International Financial System

Though the international financial system is undoubtedly global in scope, there are surprisingly few standards and norms to which all global actors are required to subscribe. The fragmentation of the system has a large impact on these actors – from individual investors to financial lending institutions and sovereign states – which has become even more apparent in the current economic environment. The International Financial System panel will first discuss the existing problems surrounding international financing. It will then examine models of regulatory reform to prevent global financial crises in the future. The panel will conclude by assessing the effect of these mechanisms on developing economies.

Speaker Bios:

Peter Uvin is the Academic Dean and The Henry J. Leir Professor of International Humanitarian Studies at the Fletcher School of Tufts University.  He has taught at Brown University, New Hampshire College and the Graduate School of Development Studies, Geneva. He is also the winner of 2006 Guggenheim Fellowship and the 1999 Herskovits Award for most outstanding book on Africa. Dean Uvin regularly consults for multilateral and bilateral aid agencies and ministries of foreign affairs, as well as NGOs. He serves on the Editorial board for Kumarian Press and the Journal of Peacebuilding and Development.  He is the author of Aiding Violence:  The Development Enterprise in Rwanda, Human Rights and Development, and The Influence of Aid in Situations of Violent Conflict.  He has Licences in Diplomatic Science and in Political Science from the University of Ghent and a PhD in Political Science from the Institut Universitaire de Hautes Etudes Internationales, University of Geneva.

Edward F. Greene is a partner in the New York office of Cleary Gottlieb Steen & Hamilton LLP. Mr. Greene’s practice focuses on securities, corporate governance, regulatory and financial services reform and other corporate law matters. Mr. Greene served as General Counsel of the Securities and Exchange Commission from 1981 to 1982 and Director of the Division of Corporation Finance from 1979 to 1981. From 2004 to 2008, Mr. Greene served as General Counsel of Citigroup’s Institutional Clients Group. He oversaw all legal aspects related to the group’s activities with issuers and investors worldwide, including investment banking, corporate lending, derivatives, sales and trading, and transaction services. He served as Chairman of the Institutional Clients Group Business Practices Committee in connection with his responsibility for regulatory and transactional matters. Mr. Greene originally joined the firm in 1982 and returned in 2009.  Mr. Greene received an LL.B. degree from Harvard Law School in 1966 and an undergraduate degree from Amherst College in 1963.

Sean Hagan is General Counsel and Director of the Legal Department at the International Monetary Fund. In this capacity, Mr. Hagan advises the Fund’s management, Executive Board and membership on all legal aspects of the Fund’s operations, including its regulatory, advisory and lending functions. Mr. Hagan has published extensively on both the law of the Fund and a broad range of legal issues relating to the prevention and resolution of financial crisis, with a particular emphasis on insolvency and the restructuring of debt, including sovereign debt.  Prior to beginning work at the IMF, Mr. Hagan was in private practice, first in New York and subsequently in Tokyo. Mr. Hagan received his Juris Doctor from the Georgetown University Law Center and also received a Masters of Science in International Political Economy from the London School of Economics and Political Science.

Scott White has been the Acting Vice President and Group General Counsel of the World Bank since April 2008.  He is Deputy General Counsel and also served as Acting General Counsel from February-August 2006.  He joined the Bank in 1984.  His background is in providing legal and institutional advice in respect of the Bank’s capital markets, derivatives, liquid asset management and pension investment operations and for new financial products as well as in the financial policy and risk management areas.  He has been counsel to the Audit and Budget Committees of the Board of Executive Directors of the Bank and to the Bank’s Pension Finance Committee, which supervises the investments of the Bank’s pension plan.  In recent years, Mr. White also has been involved in the legal aspects of the Bank’s anti-corruption work, serving as liaison to the 2007 independent Volcker Panel that reviewed the effectiveness of the Bank’s Department of Institutional Integrity and on the Working Group on Implementation of the Volcker Panel’s recommendations to strengthen the Bank’s anti-corruption unit.  Prior to coming to the Bank, Mr. White was a lawyer in private practice in Washington, D.C. and in New York.  He graduated from Princeton in 1973, majoring in the Woodrow Wilson School of Public and International Affairs, and from Columbia Law School in 1976.

Dave Baker is the Vice President and Environment and Chief Sustainability officer of Newmont Mining Corporation. He joined Newmont in 1980 as a mine geologist. He was elected Vice President, Environmental Affairs in 1991. Mr. Baker spent a significant amount of his career addressing the regulatory implications on mining operations of state and federal programs, including CERCLA, RCRA, Clean Water Act, Clean Air Act and the Nevada Mining and Reclamation statutes. He has extensive experience in the development, permitting and financing of major mining projects in the international arena, including the United States, Africa, Indonesia, Peru and Uzbekistan. In addition to the environmental affairs responsibilities, he also served as Vice President, Environmental, Health and Safety, and Vice President for Government Affairs.In his current position, Mr. Baker has broad responsibility for developing and implementing Newmont’s strategy for environmental affairs and community development as we head into an era of increasing focus and expectation on corporate transparency, substantive community engagement and the broader issues around sustainability.Mr. Baker received his Bachelor of Science degree in Earth Sciences – Geology from the University of Arizona and has completed the Harvard Business School’s Advanced Management Program in 1997.

Chris Jochnick is the Director of the Private Sector Department at Oxfam America and Coordinator of the Private Sector Team of Oxfam International. Mr. Jochnick is the co-founder of the Center for Economic and Social Rights (NY) and the Centro de Derechos Economicos y Sociales (Ecuador). He has worked for over fifteen years on issues of human rights and corporate accountability, including seven years in Latin America supporting grassroots campaigns around trade, health and extractive industries. He has participated in a number of multi-stakeholder initiatives and sits on the Steering Committee of the Voluntary Principles on Security and Human Rights and on the International Advisory Panel of JO-IN. Prior to joining Oxfam, Mr. Jochnick worked as a corporate attorney with the Wall Street law firm of Paul, Weiss, Rifkind, Wharton and Garrison, where he advised companies on environment and social liabilities. Mr. Jochnick is a graduate of Harvard Law School, a former MacArthur Research and Writing fellow and Echoing Green fellow. He recently co-edited the book Sovereign Debt at the Crossroads (Oxford, 2007) and has lectured widely on issues of human rights, business and development. He teaches a course on business and human rights at Harvard Law School.

Prof. Tyler Giannini was co-director of EarthRights International (ERI), an organization at the forefront of efforts to link human rights and environmental protection. As a founder of ERI, Giannini spent a decate in Thailand conducting investigative fact-finding efforts on human rights abuses in Burma and groundbreaking corporate accountability litigation. In particular, Giannini was co-counsel in the landmark Doe v. Unocal litigation. The case sought to hold the corporation accountable for abuses surrounding the Yadana gas pipeline project in Burma, and was settled in early 2005. Giannini holds graduate degrees in law and foreign policy from the University of Virginia, where he was a member of the law review. Mr. Giannini will co-teach (with Bonnie Docherty) the seminar Human Rights and the Environment:advocacy seminar in the Fall Term 2009 and will co-teach (with Chris Jochnick) the seminar Business and Human Rights in the Spring Term 2009.

Claire E. Reade was appointed Chief Counsel for China Trade Enforcement at the Office of the United States Trade Representative in August 2006. She coordinates USTR efforts to ensure China’s compliance with its international trade commitments, especially its WTO obligations. She also co-chairs the China Enforcement Task Force at USTR. Prior to joining USTR, Ms. Reade was a senior partner at Arnold & Porter where she was an international trade litigator and counselor. She represented American and foreign clients in major international trade disputes and other trade matters. Ms. Reade is a member of the Council on Foreign Relations, a former chair of the American Bar Association International Trade Law Section, a former member of the ABA Council on Asia, and a frequent speaker on international trade law issues. An honors graduate of Harvard Law School, Ms. Reade also holds a Masters of Arts in Law and Diplomacy from the Fletcher School of Law and Diplomacy at Tufts University. After receiving her law degree from Harvard, she spent 1979 -1980 in Taipei, Taiwan, studying Chinese dispute resolution procedures under a Harvard Sheldon Fellowship, pursuing her studies in written and spoken Mandarin Chinese. She and her husband have two grown children.

Prof. Chin Leng Lim’s research focuses on free trade agreements, democracy, constitutionalism and international law in Asia. At the University of Hong Kong, Professor Lim also teaches courses on Constitutional Law, Human Rights in Hong Kong, Global Business Law and International Economic Law. Before joining the University of Hong Kong in 2007, he was a faculty member of the National University of Singapore; Queen Mary, London; and the University of Wales, Aberystwyth. Outside academia, Professor Lim worked as a UN lawyer dealing with Gulf War reparations in Geneva (UNCC), and as a member of the Singapore Attorney-General’s staff where he advised on international law and acted as counsel to Singapore in FTA negotiations. Professor Lim also recently served as an APEC Human Resources Working Group expert on free trade agreements, as an advisor to the Timor-Lesté Prime Minister’s Office, and trains Asian trade policy officials for the WTO’s RTPC Programme. Professor Lim was born in Malaysia and educated there at the Free School, as well as in England at Buckingham and University College, Oxford. He attended the Fletcher School while earning an LL.M. degree from Harvard, and received his Ph.D. from Nottingham in 1995. He is currently writing on the first generation of Afro-Asian international lawyers, and their efforts to create a more balanced post-colonial legal order.

Thomas Sebastian is Counsel at the Advisory Centre on WTO Law in Geneva. In that capacity he represents developing and least developed countries in proceedings before the WTO dispute settlement system and provides advice on issues of WTO law. Mr. Sebastian holds a BA. LLB (Honours) degree from the National Law School of India University as well as BCL and MPhil degrees from Oxford University which he attended on a Rhodes Scholarship. Prior to joining the ACWL, he worked briefly as a Visiting Research Fellow at the Centre for International Development at the Kennedy School of Government and as a Clerk to the Chief Justice of India. He has published articles on issues of WTO law in the Harvard International Law Journal and the Journal of International Economic Law.

The Harvard International Law Journal 2008 Symposium

The Harvard International Law Journal 2008 Symposium

Friday, April 18th, 2008
Ropes Gray Room, Pound Hall
Harvard Law School

The 2008 Harvard International Law Journal Symposium is made possible through the Milbank, Tweed, Hadley & McCloy Fund


Friday, April 18th, 2008
12:00pm – Panel I: Comparative Constitutional Perspectives
Ropes Gray Room, Pound Hall
Irwin Cotler, Member of Parliament & Former Minister of Justice, Canada
Noah Feldman, Professor, Harvard Law School
Taghrid Hikmet, Justice, High Criminal Court of Jordan
Frank Michelman, Professor, Harvard Law School (Moderator)

2:00pm – Remarks by Harvard Law School Dean Elena Kagan
Ropes Gray Room, Pound Hall

2:15pm – Panel II: The U.S. Constitution & International Law
Ropes Gray Room, Pound Hall
Sarah Cleveland, Professor, Columbia Law School
David Golove, Professor, NYU Law School
Edwin Kneedler, Deputy Solicitor General, U.S. Solicitor General’s Office
John McGinnis, Professor, Northwestern Law School
Ernest Young, Professor, Duke Law School
Mark Tushnet, Professor, Harvard Law School (Moderator)

4:15pm – Panel III: Approaches to Human Rights: International Law and Constitutionalism
Ropes Gray Room, Pound Hall
Laurence Helfer, Professor, Vanderbilt Law School
Mattias Kumm, Professor, NYU Law School
Gerald Neuman, Professor, Harvard Law School
Anne Peters, Professor, University of Basel
Ran Hirschl, Professor, University of Toronto (Moderator)

6:15pm – Wine & Cheese Reception
John Chipman Gray Room, Pound Hall

Panel Descriptions

Panel I: Comparative Constitutional Perspectives

Drafters of new constitutions face many difficult choices in fasioning stable political and legal institutions. These choices are more trying in the context of ethnic conflict, in which there is a heightened need to achieve domestic public legitimacy while meeting international demands. Iraq and Afghanistan present compelling examples of nascent constitutions forged with the input of the international community and against the backdrop of ethnic conflict. The Afghan Constitution stresses the state’s commitment to international law and human rights norms while maintaining deference to established Islamic shari’a and empowering the Supreme Court to review international treaties and covenants. Similarly, concern exists that the Iraqi Constitution, with its requirement that international treaties to which Iraq is a signatory not contradict Islam, enables Iraq to limit its international obligations. Do these new constitutions merely pay lip service to international law, or do they ensure an important role for international law in each country’s domestic legal hierarchy?

A constitutional issue frequently arising in ethnic conflict situations is the legal treatment of hate speech. Accordingly, hate speech offers an instructive case study for how constitutional and international law have been used to respond to ethnic tensions. In Kosovo and East Timor, the U.N. sought to address human rights issues, and hate speech in particular, within the legislative frameworks established in those new states. Yet even in countries as ostensibly similar as Canada and the United States, hate law jurisprudence highlights the different ways in which countries have balanced constitutional and international law. In its pioneering Mugesera case, the Supreme Court of Canada upheld the deportation of a Rwandan politician widely considered to have sparked the Rwandan genocide with his hateful public speeches. In so holding, the Court helped cement the ill-defined crime of incitement to genocide, and aligned Canadian provisions regarding crimes against humanity with international law. This result raises important questions about hate speech in other modern contexts, such as whether the remarks of Iranian President Ahmadinejad, suggesting that Israel be “wiped off the map,” are justiciable in an international law context.

By focusing on these different perspectives on the interaction of domestic constitutions and international law in the context of ethnic tensions, this panel seeks to explore ways in which these tensions have been managed (or mismanaged) across countries with different legal systems, histories, values, degrees of development, and ethnic compositions.

Panel II: The U.S. Constitution and International Law

Although the debate over how international law ought to interact with the U.S. Constitution is longstanding, the attacks of September 11, 2001, and the ensuing war on terror have shone new light on this well-worn question. Prosecuting the war on terror while abiding by international standards has proven to be a difficult and controversial balancing act—one characterized not by the unidirectional influence of international law on constitutional norms, but rather by a rich and complex interchange between the two. In recent years, several important questions have been brought to bear, including the extent to which the Constitution binds the U.S. to norms of international law, the extent to which international law acts as a constraint on domestic legislation or on Presidential powers, and the extent to which the U.S. Constitution should be understood as incorporating norms of global, in addition to domestic, justice.

No better are these simmering tensions exemplified than in the Supreme Court’s recent Medellin v. Texas decision and in the pending Iraq and Guantánamo habeas corpus cases.

In Medellin, the Court held that although the Optional Protocol to the Vienna Convention on Consular Relations might be binding as a matter of international law, it does not have domestic binding effect because it is not self-executing and no legislation on the books had put its obligations into effect. The decision raises serious questions about the binding nature of the United States’ many treaty commitments.

In the forthcoming Munaf v. Geren and Geren v. Omar opinions, the Court will have to decide whether federal courts can exercise jurisdiction over habeas petitions brought by U.S. citizens detained by multinational forces in Iraq. Relatedly, in Boumediene v. Bush, the Court will decide whether the 2006 Military Commissions Act, which stripped detainees of the right to challenge in federal courts their indefinite designation as enemy combatants, violates the constitutional rights of those detainees to federal habeas relief. This group of habeas cases raises important issues with respect to the relationship between the Constitution and U.S. participation in international organizations, but also with respect to the relationship between international law and extraterritorial application of the Constitution.

While it is true that a number of these questions and concerns have arisen in the context of the war on terror, it remains to be seen how these issues will relate to other pressing national interests that converge on the international plane. Are the same principles applicable to concerns that also arise in times of peace, such as human rights violations and environmental degradation? Does the Constitution allow for the U.S. government to delegate authority to international institutions and officials who are not chosen by the U.S. citizenry? What is the proper role for customary, as opposed to treaty-based, international law in U.S. courts?

By focusing on these questions and more, this panel will highlight the expanding and increasingly complex interaction between the U.S. Constitution and international law.

Panel III: Approaches to Human Rights: International Law and Constitutionalism

The intersection between constitutionalism and human rights regimes, both domestic and supranational, has been a fertile ground for scholarship in recent years. In particular, the emergence of regional human rights regimes has substantially altered the legal landscape in this area. The European Court of Human Rights (“ECtHR”) and the Inter-American Court of Human Rights (“IACtHR”) are illustrative examples of such regimes.

The ECtHR has in many ways become a victim of its own success.  The Court faces a daunting docket crisis stemming from the expanding number of states subject to its jurisdiction, its favorable reputation, its expansive interpretations of individual liberties, a distrust of domestic judiciaries in some countries, and entrenched human rights problems in others. In response to the burgeoning backlog of cases, numerous proposals for restructuring have been tabled by the European Council.  These proposals – ranging from enhancing the judicial filtering mechanism to improving domestic remedies for redressing violations – raise fundamental questions about the Court’s future identity. How these proposals should be understood, and whether they or not they should be implemented, are questions meriting urgent and careful consideration.

The IACtHR serves as an interesting counterpoint to the ECtHR in several key ways. Having elaborated a significant body of human rights jurisprudence through interpretation of regional human rights conventions and the adaptation of European and global precedents, the Court has aspired to influence beyond its region by offering innovative interpretations of human rights and by identifying norms as jus cogens.  The effects of such expansive interpretation, both with respect to the inter-American community and the wider international community, remain to be seen.

The intersection of international human rights law and constitutionalism has not been limited to the realm of supranational human rights courts.

The European Court of Justice (“ECJ”) will soon decide whether or not European Union enforcement of a U.N. Security Council decision imposing economic sanctions on individuals with suspected terrorist affiliations contravenes certain fundamental rights. The most pressing human rights concerns relate to the difficulty for the afflicted individual to challenge the sanctions imposed against him. This preclusion quite explicitly implicates the right to a fair trial and an effective remedy. A collision between U.N. and E.U. legal systems could jeopardize the implementation of United Nations sanctions by several powerful European countries. In effect, if such sanctions were to be invalidated, E.U. member states would have to implement new laws giving effect to U.N. measures on their own territory, without running afoul of the ECJ’s ruling.

By exploring an illustrative cross-section of issues involving fundamental rights, this panel seeks to sketch the contours of how international law and domestic constitutions interact to shape human rights law.

Speaker Bios

Panel I: Comparative Constitutional Perspectives

Irwin Cotler is a Canadian Member of Parliament, first elected in a by-election in November 1999 with 92% of the vote, in what was characterized as “the most stunning electoral victory in this century by any standard”. He was re-elected in the general elections of November 2000, June 2004, and January 2006, with the highest Liberal majority in the country. On December 12, 2003, the Prime Minister appointed him Minister of Justice and Attorney General of Canada where he helped transform the face of the judiciary through the appointment of two outstanding women justices to the Supreme Court of Canada, making the Supreme Court of Canada the most gender representative Supreme Court in the world. As Minister, he also made the pursuit of international justice a priority, including, in particular, the combating of mass atrocity and genocide, and initiated the first-ever prosecution in Canada for incitement to genocide. Mr. Cotler is currently on leave as a Professor of Law at McGill University, where he is Director of its Human Rights Program, and Chair of InterAmicus, the McGill-based International Human Rights Advocacy Centre. He has been a Visiting Professor at Harvard Law School, a Woodrow Wilson Fellow at Yale Law School, and is the recipient of nine honorary doctorates, whose citations refer to him as “a scholar and advocate of international stature”.

Taghrid Hikmet is a judge on the International Criminal Tribunal for Rwanda, a position she has held since 2003. Judge Hikmet was the first female judge in Jordan, serving initially as Assistant of the Prosecutor General (1996-1998), then as a Judge on the Court of Appeal (1998-2002), and now as a Judge on the High Criminal Court. Prior to serving as a judge, she was a lawyer before Jordanian civil and criminal courts (1982-1996), the head of an educational institute in Amman (1978-1982), and a teacher in Jordanian schools (1965-1978). Judge Hikmet is a consultant for the Jordanian Center for Human Rights Studies, the chairwoman of the Higher Committee for the Election of the Jordanian National Committees for Women, and the President of the Family Protection Project in Jordan – an initiative aimed at reducing domestic violence, sexual abuse, and child abuse. In recognition of her work on the Family Protection Project, Judge Hikmet was awarded a United Nations Human Rights prize in 2003.  She was also a 2007 recipient of the American Society of International Law’s “Prominent Women in International Law Award.”  Judge Hikmet is a graduate of Damascus University, having received both a B.A. in Law and an M.A. in General International Law. Her research interests include women’s rights, human rights, and family law.

Noah Feldman is Professor of Law at Harvard Law School, specializing in constitutional studies, with particular emphasis on the relationship between law and religion, constitutional design, and the history of legal theory.  He is also a contributing writer for the New York Times Magazine and an adjunct senior fellow at the Council on Foreign Relations. Before joining the Harvard faculty, Feldman was Cecelia Goetz Professor of Law at New York University School of Law. He was named a Carnegie Scholar in 2005. In 2004, he was a visiting professor at Yale Law School and a fellow of the Whitney Humanities Center. In 2003 he served as senior constitutional advisor to the Coalition Provisional Authority in Iraq, and subsequently advised members of the Iraqi Governing Council on the drafting of the Transitional Administrative Law or interim constitution.  From 1999 to 2002, he was a Junior Fellow of the Society of Fellows at Harvard University. Before that, he served as a law clerk to Justice David H. Souter of the U.S. Supreme Court (1998 to 1999) and to Chief Judge Harry T. Edwards of the U.S. Court of Appeals for the D.C. Circuit (1997 to 1998). He received his A.B. summa cum laude in Near Eastern Languages and Civilizations from Harvard University in 1992. Selected as a Rhodes Scholar, he earned a D.Phil. in Islamic Thought from Oxford University in 1994. He received his J.D. from Yale Law School in 1997, serving as Book Reviews Editor of the Yale Law Journal. He is the author of four books: Fall and Rise of the Islamic State (Princeton Univ. Press 2008); Divided By God: America’s Church-State Problem and What We Should Do About It (Farrar, Straus & Giroux 2005); What We Owe Iraq: War and the Ethics of Nation Building (Princeton Univ. Press 2004); and After Jihad: America and the Struggle for Islamic Democracy (Farrar, Straus & Giroux 2003).

Frank I. Michelman is Robert Walmsley University Professor, Harvard University, where he has taught since 1963. He is the author of Brennan and Democracy (1999), and has published widely in the fields of constitutional law and theory, property law and theory, local government law, and jurisprudence. Professor Michelman is a past President of the American Society for Political and Legal Philosophy, and a fellow of the American Academy of Arts and Sciences. In 2005, he was awarded the American Philosophical Society’s Phillips Prize in Jurisprudence. He is a member of the Board of Directors of the United States Association of Constitutional Law and of the National Advisory Board of the American Constitution Society. Over the past several years, he has maintained an active interest in matters of constitutionalism in South Africa.

Panel II: The U.S. Constitution & International Law

Sarah Cleveland is Louis Henkin Professor of Human and Constitutional Rights at Columbia Law School. Prior to joining the faculty at Columbia Law School, Professor Cleveland was Marrs McLean Professor of Law at the University of Texas School of Law, where she also served as Faculty Director of the Transnational Worker Rights Clinic and was the recipient of the 2000 Excellence in Teaching Award. Professor Cleveland has also previously taught at Oxford University, Harvard Law School, and the University of Michigan Law School, and was a law clerk to Justice Harry A. Blackmun of the Supreme Court of the United States (1993-1994), and to Judge Louis F. Oberdorfer of the United States District Court for the District of Columbia (1992-1993). Professor Cleveland’s areas of expertise include international human rights, foreign affairs and the Constitution, international trade and labor rights, and international law in U.S. courts. She has authored or co-authored numerous amicus briefs, particularly regarding the legal rights of foreign nationals, and served as an expert on the Afghanistan Transitional Commercial Law Project Working Group, drafting a labor code for post-Taliban Afghanistan, and on the Erlenborn Commission, reviewing the provision of legal services to aliens in the United States. She serves on the legal advisory committees of several human rights organizations, including the Center for Justice and Accountability in San Francisco, and the International Labor Rights Fund and the Farmworker Justice Fund in Washington, D.C.

David M. Golove is Hiller Family Foundation Professor of Law at the New York University School of Law. He has secured a reputation as one of the most original and promising scholars in constitutional law. In a recent book-length article for the Michigan Law Review, “Treaty-Making and the Nation: The Historical Foundations of the Nationalist Conception of the Treaty Power,” Professor Golove comprehensively considers a question of constitutional law that has been controversial from the moment of the nation’s birth in 1776 and remains so today: Can the United States government, through its power to make treaties, effectively regulate subjects that would otherwise be beyond the reach of Congress’s enumerated legislative powers? For example, a treaty prohibiting the death penalty? He answers yes, and in doing so has produced both a major work of legal historical scholarship and an important legal and constitutional defense of federal power. In 1995, an article by Professor Golove in the Harvard Law Review dealt with another fundamental issue in foreign relations law: the undeniable fact that many international accords today are approved not through the treaty processes mandated in the U.S. Constitution, but by majority votes of both houses. In a more recent article published in the NYU Law Review, he challenges the distinguished constitutional scholar Laurence Tribe, in a debate over the interpretation of the Treaty Clause, which Professor Golove defended in his Harvard Law Review article. In 1999, Professor Golove published a piece in the University of Colorado Law Review supporting the President’s authority to order military operations to implement a United Nations Security Council Resolution without authorization by Congress. He received his B.A. from Berkeley in 1979 and has law degrees from Boalt Hall and Yale. He teaches Constitutional Law and International Law. Professor Golove is a member of the faculty Executive Committee of the NYU Institute for International Law and Justice and Director of the J.D.-LL.M. program in international law.

Edwin S. Kneedler is a Deputy Solicitor General in the United States Department of Justice.  He is responsible for reviewing Supreme Court briefs and appeal and amicus recommendations in court of appeals cases on behalf of the United States Government in a variety of subject areas, including cases involving the Departments of State, Interior, Agriculture, Labor, and Health and Human Services, as well as many constitutional and administrative law cases involving federal agencies generally. Ed has participated in the briefing or oral argument of a number of cases in the Supreme Court on behalf of the United States concerning separation of powers, including INS v. Chadha, Bowsher v. Synar, and Morrison v. Olson, as well as cases involving foreign relations, including Dames & Moore v. Regan, Crosby v. National Foreign Trade Council, Garamendi v. American Insurance Ass’n, and Sosa v. Alvarez, and numerous cases under the Foreign Sovereign Immunities Act. Ed has also been extensively involved over the years in cases in the Supreme Court and lower courts in cases involving the Alien Tort Statute, immunities of foreign officials, and the Act of State Doctrine. Ed is a 1974 graduate of the University of Virginia Law School. He served as a law clerk to Judge Browning of the Ninth Circuit from 1974 to 1975. He joined the Office of Legal Counsel in the Department of Justice in October 1975. He then joined the Office of the Solicitor General in June 1979. He was appointed a Deputy Solicitor General in 1993.

John O. McGinnis is Stanford Clinton Sr. Professor of Law at the Northwestern University School of Law. Professor McGinnis clerked for the Hon. Kenneth W. Starr, U.S. Court of Appeals for the District of Columbia. From 1987 to 1991, Professor McGinnis was deputy assistant attorney general in the Office of Legal Counsel at the Department of Justice. He is a scholar in both the area of constitutional and international law. Professor McGinnis has been appointed chairman of the government’s advisory committee on free trade agreements and labor standards. The Office of the U.S. Trade Representatives also has added him to the roster of Americans who can be appointed as panelists to resolve World Trade Organization disputes. He is a past winner of the Paul Bator award given by the Federalist Society to an outstanding academic under 40. He contributes regularly to both law reviews and popular journals.

Mark Tushnet is William Nelson Cromwell Professor of Law at Harvard Law School. He received his undergraduate degree magna cum laude from Harvard College in 1967. He received a J.D. and M.A. in history from Yale University in 1971. He clerked for Judge George Edwards and Justice Thurgood Marshall before beginning to teach at the University of Wisconsin Law School in 1973. In 1981 he moved to the Georgetown University Law Center, and in 2006 to Harvard Law School. He has been a visiting professor at the University of Texas, University of Southern California, University of Chicago, Columbia University, New York University, and Harvard law schools. Professor Tushnet is the co-author of four casebooks, including the most widely used casebook on constitutional law, Constitutional Law (with Stone, Seidman, and Sunstein). He has written more than a dozen books, including a two-volume work on the life of Justice Thurgood Marshall, A Court Divided:  The Rehnquist Court and the Future of Constitutional Law, and Weak Courts, Strong Rights: Judicial Review and Social Welfare Rights in Comparative Constitutional Law, and edited eight others. He has received fellowships from the Rockefeller Humanities Program, the Woodrow Wilson International Center for Scholars, and the John Simon Guggenheim Memorial Foundation, and has written numerous articles on constitutional law and legal history. He was President of the Association of American Law Schools in 2003. In 2002 he was elected a fellow of the American Academy of Arts and Sciences.

Ernest Young is Professor of Law at the Duke University School of Law.  Professor Young studies constitutional law, foreign affairs and the Constitution, and federal courts. He is one of the nation’s leading authorities on the constitutional law of federalism, having written extensively on the Rehnquist Court’s “Federalist Revival” and the difficulties confronting courts as they seek to draw lines between national and state authority. He also is an active commentator on foreign affairs law, where he focuses on the interaction between domestic and supranational courts and the application of international law by domestic courts. Professor Young also writes on constitutional interpretation and constitutional theory. He has been known to dabble in maritime law and comparative constitutional law. A native of Abilene, Texas, Professor Young joined the Duke Law faculty in 2008, after serving as the Charles Alan Wright Chair in Federal Courts at the University of Texas at Austin School of Law, where he had taught since 1999. He graduated from Dartmouth College in 1990 and Harvard Law School in 1993. After law school, he served as a law clerk to Judge Michael Boudin of the U.S. Court of Appeals for the First Circuit (1993-94) and to Justice David Souter of the U.S. Supreme Court (1995-96). Professor Young practiced law at Cohan, Simpson, Cowlishaw, & Wulff in Dallas, Texas (1994-95) and at Covington & Burling in Washington, D.C. (1996-98), where he specialized in appellate litigation. He has also been a visiting professor at Harvard Law School (2004-05) and Villanova University School of Law (1998-99), as well as an adjunct professor at Georgetown University Law Center (1997). Elected to the American Law Institute in 2006, Professor Young is an active participant in both public and private litigation in his areas of interest. He was the principal author of a brief on behalf of leading constitutional scholars in the Supreme Court’s decision on federal regulation of medical marijuana, Gonzales v. Raich, and he filed an amicus brief on behalf of Alabama and four other states in the Texas Court of Criminal Appeals in Medellin v. Dretke, a case concerning presidential power and the authority of the International Court of Justice over domestic courts.

Panel III: Approaches to Human Rights: International Law and Constitutionalism

Laurence R. Helfer is Professor of Law and the Director of the International Legal Studies Program at Vanderbilt University Law School. He has authored numerous publications and lectured widely on his diverse research interests, which include interdisciplinary analysis of international law and institutions, human rights, international intellectual property, and international litigation and dispute settlement. His articles have appeared in leading American law reviews, including the Yale Law Journal, the Columbia Law Review, the California Law Review, the Virginia Law Review, the University of Pennsylvania Law Review, and the Vanderbilt Law Review, as well as in numerous specialized international law journals. Professor Helfer is a member of the editorial board of the peer-reviewed Journal of World Intellectual Property and serves as an expert advisor to the United Nations Food and Agriculture Organization. He recently received an International Research Incubator grant from the Center for the Americas at Vanderbilt to support an interdisciplinary research project on “The Politics of Intellectual Property Litigation in the Andean Community.” Professor Helfer also provides advice and assistance to non-governmental organizations that engage in human rights advocacy. He is a Visiting Professor of Law and the John Harvey Gregory Lecturer on World Organization at Harvard Law School during Spring 2008.

Ran Hirschl is Professor of Political Science and Law at the University of Toronto, and holds a senior Canada Research Chair in Constitutionalism, Democracy & Development. He completed his B.A., LL.B., and M.A. at Tel-Aviv University, and received his M.Phil and Ph.D. from Yale University in 1999. His primary areas of interest are comparative constitutional law and politics, and comparative legal institutions. He is currently serving as the Jeremiah Smith Jr. Visiting Professor of Law at Harvard Law School. He has been a Fellow at the Center for Advanced Study in the Behavioral Sciences, Stanford, and at Princeton University’s Program in Law and Public Affairs, and has recently been appointed a Global Faculty member at NYU’s Hauser Global Law School. He has published extensively on comparative constitutional law and politics in journals such as Comparative Politics, Political Theory, Annual Review of Political Science, Law & Social Inquiry, American Journal of Comparative Law, Human Rights Quarterly, International Journal of Constitutional Law, and the Canadian Journal of Law and Jurisprudence, as well as numerous articles in law reviews and chapters in edited collections, most recently in The Migration of Constitutional Ideas (Cambridge, 2006), and the Oxford Handbook of Law & Politics (Oxford, 2007). He is the editor (with Christopher L. Eisgruber), of a special symposium issue of I-CON International Journal of Constitutional Law entitled “North American Constitutionalism,” and the author of Towards Juristocracy: The Origins and Consequences of the New Constitutionalism (Harvard Univ. Press, 2004). He is currently completing two new books (both of which will also be published by Harvard Univ. Press) entitled: Sacred Judgments: The Dilemma of Constitutional Theocracy, and Lex Comparativus Novo: Comparative Legal Studies for the 21st Century.

Gerald L. Neuman is J. Sinclair Armstrong Professor of International, Foreign, and Comparative Law at Harvard Law School. Prior to joining Harvard Law School, Neuman was the Herbert Wechsler Professor of Federal Jurisprudence at Columbia Law School, as well as a member of the faculty at the University of Pennsylvania Law School (1984-1992). Neuman’s current research areas include habeas corpus and the rule of law, the rights of foreign nationals, transnational dimensions of constitutionalism, and the inter-American human rights regime. Neuman is a co-author of the casebook Human Rights (Foundation Press), and the author of Strangers to the Constitution: Immigrants, Borders, and Fundamental Law (Princeton Univ. Press).

Mattias Kumm is Professor of Law and Director of the LL.M / J.S.D. program in International and Comparative Law at the New York University School of Law. He has studied Law, Philosophy, and Political Sciences in Kiel, Paris, and Cambridge, MA, and has taught at the Fletcher School of Law and Diplomacy, the European University Institute in Florence, and was an ‘Ethics Fellow’ at the Kennedy School of Government and a Jean Monnet Fellow at Harvard Law School before joining the NYU School of Law in Fall 2000. He has taught as a Visiting Professor at Bucerius Law School in Hamburg, Germany, as well as the University of Navarra, Spain and the National University of Singapore. Professor Kumm’s research focuses on issues of European and comparative constitutional law, international law and philosophy of law. Professor Kumm is a member of the faculty Executive Committee of the Institute for International Law and Justice.

Anne Peters is Professor of Public International and Constitutional Law at the University of Basel, a position she has held since 2001. In the academic year 2004-05, she was Dean of the Faculty of Law. Prior to taking up her tenured post, Professor Peters was Assistant Professor at the Walther-Schücking Institute of Public International Law at the Christian-Albrechts-University Kiel, where she obtained the Habilitation qualification on the basis of her Habilitation thesis “Elemente einer Theorie der Verfassung Europas” (Elements of a Theory of the Constitution of Europe). Born in Berlin in 1964, Anne Peters studied Law, Modern Greek and Spanish at the Universities of Würzburg, Lausanne, and Freiburg im Breisgau and pursued post-graduate studies at Harvard Law School. She was a fellow of the National Scholarship Fondation of the German People (Studienstiftung des Deutschen Volkes) and was awarded the prize from the Scientific Society at Freiburg im Breisgau for her doctoral dissertation on territorial referenda in international law in 1995. Her research activities cover the field of general public international law, especially its constitutionalization, European constitutional law, constitutional theory and constitutional comparison and national and international human rights. Anne Peters was in 2004 elected into the executive board of the European Society of International Law and in 2007 into the Swiss National Research Council of the National Science Foundation.

The Harvard International Law Journal 2007 Symposium

The Harvard International Law Journal 2007 Symposium

March 2, 2007
Harvard Law School

Presented with Paul, Weiss, Rifkind, Wharton & Garrison LLP


The Harvard International Law Journal held its 2007 Symposium, Striking First: Legal Perspectives on Preemptive Action on Friday March 2, 2007. The Symposium addressed jus ad bellum and preemptive war by adopting a practical and current events-focused look at the state of the law. The panels addressed real problems and realistic hypotheticals, with a goal of producing a useful set of legal considerations and conclusions about the state of international law regarding some of the most pressing international security questions currently facing the U.S. government. By looking at the past, the present, and the future, the Symposium provided both a day of interesting discussion and a valuable contribution to current affairs legal debates.

Panel 1 addressed preemptive strikes against Iran and North Korea. The jus ad bellum issues regarding both countries are often conflated. Both countries are pursuing dangerous nuclear weapons programs that could provoke a U.S. response. While there are many legal similarities between the two scenarios, there are important differences as well.

Panel 2 addressed preemptive strikes against non-state actors without the approval of the sovereign nation in which the non-state actors are located.


1:00 – 3:00pm – Preemptive Action with Respect to Iran and North Korea
Ashton Carter, Kennedy School of Government (moderator)
Todd Buchwald, U.S. Department of State
Mitchell Reese, William and Mary School of Law
Ray Takeyh, Council of Foreign Relations

3:00 – 3:30pm – Coffee Break

3:30 – 5:30pm – Preemptive Action and Counter-Terrorism
Antonia Chayes, Fletcher School of Law and Diplomacy (moderator)
Gabriella Blum, Harvard Law School
Michael J. Glennon, Fletcher School of Law and Diplomacy
Thomas Keaney, Johns Hopkins Univ., Paul H. Nitze School of Advanced Int’l Studies
Mark Weisburd, University of North Carolina School of Law

5:30pm – Cocktails and Hors D’Oeuvres

Speaker Bios

Gabriella Blum is a visiting Assistant Professor at Harvard Law School, where she is teaching International Law and International Negotiation. Her research interests include Conflict Management, Counter-Terrorism, Operations, Laws of Armed Conflict, Negotiation, and Public International Law. She received her B.A. in Economics from Tel-Aviv University in 1996. She also holds LL.M (2001) and S.J.D. (2003) degrees from Harvard Law School. Her S.J.D. dissertation was entitled “Between War and Peace: Managing International and Intrastate Armed Conflicts.”

Todd Buchwald is the Assistant Legal Adviser for United Nations Affairs for the U.S. Department of State, having served in that position since 2004, and having previously served as the State Department’s Assistant Legal Adviser for Political-Military Affairs (1995-2004), and for European Affairs (1991-1995). Before joining the State Department, he was an associate at Wilmer, Cutler & Pickering in Washington, D.C. Mr. Buchwald is a graduate of Cornell University and the Yale Law School.

Ashton Carter served from 1993 to 1996 as Assistant Secretary of Defense for International Security Policy where he was responsible for national security policy on arms control in the states of the former Soviet Union, for countering weapons of mass destruction worldwide and for overseeing the U.S. nuclear arsenal and missile defense programs. He was twice awarded the Department of Defense’s Distinguished Service Medal, the highest award given by the Pentagon. For his contributions to intelligence, he was awarded the Defense Intelligence Medal. Before his government service, Carter was Director of the Center for Science and International Affairs at the Kennedy School. He received bachelor’s degrees in physics and medieval history from Yale University and a doctorate in theoretical physics from Oxford University, where he was a Rhodes Scholar. He has authored numerous scientific articles, government studies, and books.

Antonia Chayes, now at The Fletcher School, has taught at the Kennedy School of Government, Harvard, and the Harvard Law School. She chairs the Project on International Institutions and Conflict Management at the Program on Negotiation at the Harvard Law School. Chayes was Vice Chair and Senior Consultant of Conflict Management Group (CMG), a non-profit international dispute resolution organization. She occasionally serves as mediator of corporate disputes for JAMS/ENDISPUTE, where she served for eight years. As a Board member of United Technologies Corporation for 21 years, she chaired its Public Issues Review Committee, and served on its Executive Committee until retiring in 2002. During the Carter Administration she was Assistant and later, Under Secretary of the US Air Force, where she was awarded the Distinguished Service Medal. She has served on several Federal Commissions, including the Vice President’s White House Aviation Safety and Security Commission, and the Commission on Roles and Missions of the United States Armed Forces. Chayes has also practiced law in a Boston law firm. She is a member of the Council on Foreign Relations. She serves as a consultant to the Office of Compliance, Adviser, Ombudsman of IFC and MIGA of the World Bank. She is the author of a number of books and articles. She was recently honored with the Radcliffe Alumnae Award in recognition of her career of distinguished service. She received her B.A. from Radcliffe College of Harvard University, attended Yale Law School, and received the J.D. from George Washington University. She is the mother of five, grandmother of nine, and widow of the late Abram Chayes.

Michael J. Glennon is professor of international law at the Fletcher School of Law and Diplomacy at Tufts University. Prior to going into teaching, he was Legal Counsel to the Senate Foreign Relations Committee (1977-1980) and Assistant Counsel in the Office of the Legislative Counsel of the United States Senate (1973-1977). In 1998 he taught international and constitutional law in Lithuania on a Fulbright fellowship. During the 2001-2002 academic year he was a Fellow at the Woodrow Wilson International Center for Scholars in Washington, DC. Professor Glennon has served as a consultant to various congressional committees, the U.S. State Department, and the International Atomic Energy Agency. He is the recipient of the Deak Prize and Certificate of Merit from the American Society of International Law. From 1986 to 1999 he was a member of the Board of Editors of the American Journal of International Law. He is a member of the American Law Institute and the Council on Foreign Relations. He served as a consultant to the Senate Foreign Relations Committee, the Senate Judiciary Committee, the U.S. State Department, and the International Atomic Energy Agency. He has advised several foreign governments and testified before the World Court and various congressional committees. A frequent commentator on public affairs, he has spoken widely within the United States and overseas, and appeared on Nightline, The Today Show, CSPAN’s Washington Journal, NPR’s All Things Considered and other national news shows.

Thomas A. Keaney is the executive director of the Foreign Policy Institute and senior adjunct professor of strategic studies at the Paul H. Nitze School of Advanced International Studies, Johns Hopkins University, Washington DC. Until 1998 he was a professor of military strategy at National War College, Washington DC, and director of its core courses on military thought and strategy. During 1991 and 1992 he was a researcher/author with the Gulf War Air Power Survey. He was co-author of two reports of that survey: The Summary Report and The Effects and Effectiveness of Air Power (both published by the U.S. Government Printing Office in 1993). He is also author of Strategic Bombers and Conventional Weapons: Air Power Options (National Defense University Press, 1983). His most recent publication (with Eliot A. Cohen) is Revolution in Warfare?: Air Power in the Persian Gulf (Naval Institute Press, 1995). He is a graduate of the National War College. He holds a B.S. from the U.S. Air Force Academy and M.A. and Ph.D. degrees in history from the University of Michigan. During a career in the U.S. Air Force, he served in positions including: associate professor of history at the U.S. Air Force Academy; planner on the Air Staff; forward air controller in Vietnam; and B-52 squadron commander. He retired as a colonel in 1991.

Mitchell B. Reiss was nominated by the President to the position of Special Envoy of the President and the Secretary of State for the Northern Ireland Peace Process on March 16, 2004 and was accorded the rank of ambassador on May 25, 2004. In January 2005, Secretary of State Condoleezza Rice asked Ambassador Reiss to continue serving in this capacity. Ambassador Reiss is concurrently Vice Provost for International Affairs at the College of William & Mary in Williamsburg, Virginia. From 2003-2005, he served as Director of the Office of Policy Planning at the U.S. State Department, where he provided Secretary Colin L. Powell with independent strategic advice and recommendations on American foreign policy. From 1999 to 2003, Ambassador Reiss was Dean of International Affairs and Director of the Wendy and Emery Reves Center for International Studies at William & Mary; he also held appointments at the Marshall-Wythe School of Law and in the Department of Government. Prior to coming to William & Mary, Ambassador Reiss helped managed the start-up and operations of the Korean Peninsula Energy Development Organization (KEDO), a multinational organization designed to end North Korea’s nuclear weapons program; he was also KEDO’s chief negotiator with the North Koreans. Ambassador Reiss was a Guest Scholar at the Woodrow Wilson International Center for Scholars in Washington, DC, where he started their nonproliferation and counterproliferation programs. He practiced corporate and banking law for three years at Covington & Burling and was Special Assistant to the National Security Advisor as a White House Fellow in 1988-89. He has served as a consultant to the Office of the Legal Advisor at the State Department, the General Counsel’s Office at the U.S. Arms Control and Disarmament Agency and the Los Alamos and Livermore National Laboratories. Ambassador Reiss has a law degree from Columbia Law School, a D.Phil. from Oxford University, a Masters degree from the Fletcher School of Law & Diplomacy, and a B.A. from Williams College.

Ray Takeyh is a senior fellow for Middle East studies at the Council on Foreign Relations. His areas of specialization are Iran, political reform in the Middle East, and Islamist movements and parties. He is also a contributing editor of the National Interest. Dr. Takeyh was previously professor of national security studies at the National War College; professor and director of studies at the Near East and South Asia Center, National Defense University; fellow in international security studies at Yale University; fellow at the Washington Institute for Near East Policy; and fellow at the Center for Middle Eastern Studies, University of California, Berkeley. Dr. Takeyh earned a doctorate in modern history from Oxford University in 1997.

A. Mark Weisburd has been a distinguished Professor of Law at the University of North Carolina School of Law since 1981. He received his A.B. from Princeton in 1970 and his J.D. from the University of Michigan in 1976. Weisburd, a native Arkansan, joined the Foreign Service after earning his undergraduate degree, and he served in East Pakistan/Bangladesh from 1971 to 1973. He resigned in 1973 to enter law school at Michigan, where he was a notes editor on the Michigan Law Review. From 1976 to 1981, he was an associate with the Washington, D.C., law firm of Wilmer, Cutler & Pickering, his practice ranging from participation in the legal advisory team of the Constitutional Convention of the Northern Mariana Islands to pro bono first amendment work to defendants’ securities and antitrust litigation. He teaches civil procedure, international law and a course on international human rights. He writes mainly in the area of international law.

The Harvard International Law Journal 2006 Symposium

The Harvard International Law Journal 2006 Symposium

March 4, 2006
Harvard Law School


The Harvard International Law Journal hosted its most recent Symposium at Harvard Law School on March 6, 2006. For more information about the Symposium, including the event schedule and audio downloads of Symposium sessions, please see below.

Symposium Statement of Purpose

As forces such as technology and economic integration continue to make the world a smaller place, different legal cultures and regimes are constantly drawn into contact with one another. Agents of globalization have eroded the provinciality of law. Scholars across legal disciplines seeking to ascertain the state of the law in their field must now account for an increasing fluidity triggered by this erosion. Changes brought upon by inter-jurisdictional interactions and influences have jumped to the forefront in our understanding of the law.

What are the processes, then, by which these changes occur? What actors and mechanisms are responsible? What is the extent of these changes? Are the levels of change different across the different fields of law? What distinctions might account for these differences? In order to answer these questions, scholars have turned to the subject of “diffusion of law.” They have developed theories to describe the ways in which legal norms and rules spread across different jurisdictions and cultures.

Yet, at the same time as the legal academy seeks to understand this phenomenon, practitioners encounter it everyday in their work. Judges from around the world meet to discuss domestic implementation of environmental laws. Lawyers at the World Bank and the International Monetary Fund engage in legal reform projects in transitional countries. Legislators seek to reform corporate governance for multinational corporations or attempt to combine elements of constitutional democracy with shari’a-based family law. What sort of exchange is going on during these activities? Do academic theories accurately describe the process? What can these practitioners learn from the academic study of diffusion?

This Symposium will bring together scholars and practitioners from across the different fields of law to engage in a self-conscious examination of how law is diffused in this period of globalization. Topics will range from comprehensive theories of diffusion to practical discussions of diffusion in prominent substantive fields.

Schedule of Events

7:30-8:15     Registration and Breakfast — Pound Hall Lobby

8:15-8:45     Welcome and Announcements — Pound Hall 101
Opening Remarks: Elena Kagan (Harvard Law School)

Plenary Session: Theories of Legal Diffusion
Pound Hall 101
1 main presenter and 2 respondents:
Moderator: Duncan Kennedy (Harvard Law School)
Keynote: David Westbrook (University at Buffalo Law School SUNY)
William Twining (University College of London)
Pierre Legrand (Universite Pantheon-Sorbonne, Paris I)

Coffee Break — Pound Hall Lobby

10:45-12:15     Panel Session 1
Panel A: Family Law — Pound Hall 100
Moderator: Janet Halley (Harvard Law School)
Philomila Tsoukala (SJD Candidate, Harvard Law School)
Alan Watson (University of Georgia)
Maria Rosario Marella (University of Perugia)
Kerry Rittich (University of Toronto)

Panel B: Constitutional Law — Pound Hall 102
Moderator: Frank Michelman (Harvard Law School)
Louis Aucoin (Fletcher School of Law and Diplomacy)
Dennis Davis (High Court of South Africa)
Sujit Choudhry (University of Toronto)
Lama Abu-Odeh (Georgetown University Law Center)

Lunch Break — Harkness Commons, Second Floor South Room

1:15-2:45     Panel Session 2
Panel A: Private Law — Pound Hall 100
Moderator: Detlev Vagts (Harvard Law School)
Franz Werro (Georgetown University Law Center/University of Fribourg)
Daniela Caruso (Boston University School of Law)
Amr Shalakany (American University in Cairo)
Ugo Mattei (UC Hastings School of Law, Universita’ Degli Studi di Torino)

Panel B: Commerical Law — Pound Hall 102
Moderator: William Alford (Harvard Law School)
Eric Orts (Wharton School of Business)
Werner Ebke (NYU School of Law, University of Heidelberg)
Dan Danielsen (Northeastern University School of Law)
Jeffrey Gordon (Columbia Law School)
Leia Castaneda (SJD Candidate, Harvard Law School)

3:00-4:45     Panel Session 3 (Plenary): Mechanisms of Diffusion
Pound Hall 101
Moderator: Ryan Goodman (Harvard Law School)
Geoffrey Robertson (Sierra Leone Special War Crimes Court, Doughty Street Chambers)
Beth Simmons (Harvard University)
Pieter Bekker (White & Case LLP)
John Ohnesorge (University of Wisconsin-Madison School of Law)
Mark Berlin (Department of Justice Canada)
Elizabeth Andersen (CEELI, American Bar Association)

4:45-5:45     Moderators’ Forum — Pound Hall 101
Moderators report from their panels, discuss connections among substantive areas, and relate these areas to theory.
– Duncan Kennedy
– Detlev Vagts
– Lama Abu-Odeh
– William Alford
– Janet Halley
– Ryan Goodman

5:45-6:00     Conclusion – Pound Hall 101

Audio Downloads (MP3)
1. Plenary Session: Theories of Legal Diffusion
2. Private Law Panel
3. Constitutional Law Panel
4. Commercial Law Panel
5. Family Law Panel
6. Plenary Session: Mechanisms of Legal Diffusion

Map of the Harvard Law School Campus and Area

Campus Map
Area Map

Title Sponsors: Cleary Gottlieb Steen & Hamilton LLP (, HLS Office of the Dean

Sponsors: Canadian Law Society, East Asian Legal Studies, European Law Research Center, Human Rights Program, International Legal Studies