Conference and Agora Themes
CONFERENCE THEME
International Law 1989-2010: A Performance Appraisal
The role of international law and international institutions during the Cold War (1949-1989) is generally recognised – the arrangements for Germany, control of nuclear proliferation, decolonization, the development of human rights standards and mechanisms, the law of the sea, the beginnings of environmental regulation, the Helsinki process… But how have international law and international institutions fared in the 21 years since the fall of the Berlin Wall?
The 4th ESIL Biennial Conference appraises their performance. We will look at both theory and practice, at particular sectors and overall at the “Gross International Product” – such as they have been, might have been and might still be. Of course, neither law nor institutions act of their own motion – people act through or in spite of them. The questions may then be asked – how have we done as international lawyers, and what have others made of our work? What imaginative possibilities remain?
AGORAE THEMES
Agora 1: International Economic Law
If globalisation has influenced just one area of international law since 1989, we might expect this to be international economic law. But has international economic law really changed and, if so, in what ways and through what institutions? Has it been bypassed by more informal means of co-operation? What are the lessons from the global financial crisis for international economic law?
Agora 2: International Environmental Law
Although the phenomena of climate change, deforestation, desertification and dwindling biodiversity preceded the collapse of the Iron Curtain, they have received unprecedented attention in the decades since. To what extent has international law kept pace with this increased concern? Has an awareness of the need for global cooperation on the environment resulted in strong international legal instruments? What are the weaknesses of international environmental law?
Agora 3: International Criminal Law
The end of the Cold War unfroze international criminal law. What have been the main features, substantive, procedural and institutional, of the rapid growth of this field over the past two decades? Has international criminal law become more unified or more diverse? Has its development secured international justice? If not, what is required?
Agora 4: A Historical Perspective
Constantly immersed as we are in current affairs, we have a propensity for ‘presentism’, emphasising the novelty of today’s challenges and threats. But how new has the period 1989- 2010 actually been in terms of the development of international law? In what respects does it differ from previous ‘epochs’ of international law?
Agora 5: Investment Protection
The fall of the Berlin Wall presented investment opportunities worldwide. Globalisation has gone hand in hand with economic liberalisation. Has international law provided the appropriate measure of protection for international investors? What of state sovereignty in the sense of national regulatory autonomy? What of the rule of law amid the cacophony of ad hoc investment tribunals and annulment committees?
Agora 6: The Law of the Sea
The UN Convention on the Law of the Sea was drafted during the Cold War but entered into force after its end. Has the subsequent period reflected a qualitative change in the Convention’s relevance, effectiveness and implementation? What are the Convention’s weaknesses? Is the law of the sea capable of addressing piracy, climate change and the scramble for marine and seabed resources?
Agora 7: Human Rights
International human rights law has been dubbed the ‘secular religion of the West’. Has this ‘religion’ spread since 1989? What have been the major shifts in the field and how have they been brought about? Could the Cold War be considered the era of normative development of international human rights law and 1989-2010 the era of enforcement?
Agora 8: International Lawmaking
The collapse of the Iron Curtain was hailed as the beginning of a ‘new world order’. Did it also usher in a new era in international lawmaking? Does article 38 of the Statute of the International Court of Justice still reflect the formal sources of international law? If not, what new sources have emerged? Has ‘soft’ law been used to circumvent the limitations imposed by the requirement of state consent? Have actors other than states become more important in the creation of international law? What of the Security Council’s role in international lawmaking?
Agora 9: Development and International Law
With the post-1989 shift of discourse from national security to human security, the right to development, declared an inalienable human right by the General Assembly in 1986, could have gained traction. Instead it has practically been forgotten. What, if anything, has replaced it? How has international law approached issues of development over the past two decades? What recourse, if any, does international law offer to the poorest of the poor?
Agora 10: Regionalism and Universalism
The end of the Cold War was welcomed as the end of the bipolar world. But what came next? Has international law become more universal, more regional or both? Has regionalism encouraged or undermined universalism? Do the answers to these questions depend on which area of international law and on which part of the world we look at?
Agora 11: Armed Conflict and International Humanitarian Law
The Cold War ended. New wars erupted almost immediately. Were the existing jus ad bellum and jus in bello sufficient or were the ‘new wars’ qualitatively different, requiring the law to adjust? Has it adjusted? Was 2001 a defining moment in the development of the law on the use of force and of the law of armed conflict? Are these bodies of law ready to address socalled ‘new threats’ or are they their first victims?
Agora 12: International Law and Domestic Law
Since 1989, walls have come down between nations. What has this meant for the ‘wall’ between international and domestic law? Are national judges approaching international law differently than before? How have international judges used domestic law? Have terms such as monism and dualism become outdated? Can we still speak of ‘international’ and ‘domestic’ law, or have bodies of law emerged that can be characterised as both or neither?
The ESIL 4th Biennial Conference is organised by the Lauterpacht Centre for International Law,University of Cambridge, 5 Cranmer Road, Cambridge CB3 9BL UK. Enquiries relating to the 4th Biennial Conference and the Call for Papers should be directed by email to esil@law.cam.ac.uk.
General enquiries relating to ESIL and ESIL membership should be made directly to ESIL, visit http://www.esil-sedi.eu or email info@esil-sedi.eu.