Decision Making in International Courts and Tribunals: A Conversation with Leading Judges and Arbitrators
Co-sponsored by Georgetown University Law Center
Leading international judges and arbitrators from different fields in international law will engage in a conversation about the process of "judging," with the aim of illuminating a critical act in the development of international law, but one which takes place out of the spotlight. The participants will reflect upon deliberations within their different institutions, how judgments are made, and how each of them personally approaches the task of reaching a judgment.
Moderator: EDITH BROWN WEISS Georgetown University Law Center
Speakers: CHARLES N. BROWER Iran-United States Claims Tribunal and 20 Essex Street Chambers
DAME ROSALYN HIGGINS Former President of the International Court of Justice
JUDGE THEODOR MERON International Criminal Tribunal for the Former Yugoslavia and the Appeals Chambers of the International Criminal Tribunal for Rwanda
BRIGITTE STERN University of Paris, Panthéon-Sorbonne
International law, and the world in which it operates, are increasingly both harmonious and dissonant. The Society’s Annual Meeting in 2011 will focus on the evolution of international law in the context of this paradox.
The paradox of simultaneous segmentation and seamlessness raises important questions. Most broadly, when should international law be segmented, and when should it be seamless? What are the mechanisms for deciding this question, and what are the values that inform those decisions? What do these trends say about international law as a coherent system? To what extent are certain groups and their viewpoints excluded or ignored? What does this say about who the influential players within the international legal system are, and how that influence is exercised? What does the existence of competing conceptions of international law itself mean for ASIL's constituents, including judges deciding international issues, practitioners seeking to persuade courts and craft international policy, and scholars seeking to understand and propose solutions to global problems?
Society members are uniquely positioned to tackle these questions with their diverse perspectives, experiences, and areas of expertise, and their unifying commitment to investigating the limits and possibilities of international law. We look forward to an exciting and dynamic meeting that will examine such trends, and their implications for international law and legal institutions in the 21st century.
Charles N. Brower
Judge Charles N. Brower's 48-year career in the law has combined extensive practice at the bar with distinguished public service, both national and international, concentrating during more than 25 years in the fields of public international law and international dispute resolution.
Judge Brower has served as President of the American Society of International Law, Governor of the American Bar Association, Chair of the Institute for Transnational Arbitration, and on the Executive Council of the International Law Association. He has published and spoken around the world on international law and international dispute resolution. He has been a Visiting Fellow at Cambridge University (Jesus College and the Lauterpacht Research Centre for International Law) and has been selected as John A. Ewald, Jr. Distinguished Visiting Professor at the University of Virginia School of Law. In 2009 Judge Brower has been awarded the American Society of International Law's prestigious Manley O. Hudson Medal for "pre-eminent scholarship and achievement in international law . . . without regard to nationality," which honor has been bestowed on 29 persons, including 10 non-American citizens, during the 53 years since it was created. In 2010 Judge Brower has received the Stefan A. Riesenfeld Award from the University of California's Berkeley School of Law (Boalt Hall) in recognition of "his outstanding achievements and contributions in the field of international law."
Dame Rosalyn Higgins
Rosalyn Higgins is the former President of the International Court of Justice.
Higgins was the first female judge to be appointed to the ICJ and was elected President in 2006.
Theodor Meron was the president of the International Criminal Tribunal for the former Yugoslavia (ICTY) until 2005, and now serves as a judge on the Appeals Chambers of the International Criminal Tribunal for Rwanda and the ICTY.
Born in Kalisz, Poland, Judge Meron received his legal education at the Hebrew University (M.J.), Harvard Law School (LL.M., J.S.D.) and Cambridge University (Diploma in Public International Law). Since 1977, he has been a Professor of International Law and, since 1994, the holder of the Charles L. Denison Chair at New York University School of Law. In 2000-2001, he served as Counselor on International Law in the U.S. Department of State.
Brigitte Stern is a Professor of Law and the Director of the Research Centre in International Law at the University of Paris, Panthéon-Sorbonne.
Edith Brown Weiss
Edith Brown Weiss is Francis Cabell Brown Professor of International Law at Georgetown Law and Co-Director of the Joint Degree in Law and Government program at Georgetown Law.
Professor Brown Weiss is highly active in the areas of public international, environmental, and water resources law. In September 2002 she was appointed to the 3-member Inspection Panel of the World Bank and from 2003-2007 served as the President of the Inspection Panel, an appointment at the Vice-Presidential level. Her past professional experience includes positions as Associate General Counsel for International Activities at the U.S. Environmental Protection Agency, 1990-92, Assistant Professor of Civil Engineering and Politics at Princeton University, and Research Associate at Columbia University and the Brookings Institution.
Her numerous professional activities in both international and environmental law have included positions as President of the American Society of International Law, April 1994-96, chair of the Committee for Research in Global Environmental Change of the Social Science Research Council, 1989-94, U.S. Special Legal Advisor to the North American Commission on the Environment 1996-2002, and elected member of the Council on Foreign Relations, the American Law Institute, and the Commission on Environmental Law of the IUCN, where she is a member of the Steering Committee. She has been a member of the National Academy of Science's Commission on Geosciences, Environment and Resources, NAS Water Science and Technology Board, the NAS/Israel, Jordan, Palestinian Territories Panel on Sustainable Water Supplies in the Middle East, and the NAS Environmental Studies Board. She served on the Board of Directors of the Japanese Institute for Global Environmental Strategies, the Advisory Council of the National Center for Atmospheric Research, the Council of Advisors to the Cousteau Society, and on the Board of Trustees for the Center for International Environmental Law.
Professor Brown Weiss is a member of the Board of Editors of the American Journal of International Law; Journal of International Economic Law; and International Environmental Agreements: Politics, Law and Economics; and is the faculty adviser to the Georgetown International Environmental Law Review.
She has published numerous articles in international and environmental law, and is the author of many books, including Fresh Water and International Economic Law (co-author, 2005), Reconciling Environment and Trade (co-author, 2001), Engaging Countries: Strengthening Compliance with International Environmental Accords (co-author, 1998), International Environmental Law and Policy (co-author 1998, 2007), and In Fairness to Future Generations: International Law, Common Patrimony, and Intergenerational Equity (1989), which received the Certificate of Merit Award in 1990 from the American Society of International Law, and has been published in French, Japanese, Spanish, and Chinese.
In 2003, Professor Brown Weiss received the ABA Award for Distinguished Achievement in Environmental Law and Policy, in 1994 the Elizabeth Haub Prize for international environmental law given by the Free University of Brussels and the International Council of Environmental Law (ICEL), and in 1996 the Prominent Women in International Law Award from the American Society of International Law.
Charles Brower explains the process used by the Iran-United States Claims Tribunal to reach decisions in their cases. He notes that there has never been a case where the Iranian members of the panel have voted against the Iranian party's interest.
Body of legal rules, norms, and standards that apply between sovereign states and other entities that are legally recognized as international actors. The term was coined by the English philosopher Jeremy Bentham. Important elements of international law include sovereignty, recognition (which allows a country to honour the claims of another), consent (which allows for modifications in international agreements to fit the customs of a country), freedom of the high seas, self-defense (which ensures that measures may be taken against illegal acts committed against a sovereign country), freedom of commerce, and protection of nationals abroad. International courts, such as the International Court of Justice, resolve disputes on these and other matters, including war crimes. See alsoasylum; immunity.