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The Barbican Centre Silk Street, London EC2Y 8DS. 3Rd-4Th October 2019

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The Barbican Centre Silk Street, London EC2Y 8DS. 3Rd-4Th October 2019 The Barbican Centre Silk Street, London EC2Y 8DS. 3rd-4th October 2019 2nd October Welcome Reception Locarno Suite, Foreign & Commonwealth Office, King Charles Street, London SW1A 2AH. Address by The Rt Hon Lord Chief Justice Ian Burnett DAY 1 THE BARBICAN CENTRE 3RD OCTOBER 08.30-09.15 Registration 09.15- 09.30 Introduction: Rt Hon Baroness Hale of Richmond DBE, President of The Supreme Court 09.30-10.30 Keynote: His Excellency President Abdulqawi Ahmed Yusuf, International Court of Justice 10.30- 11.00 Tea/Coffee 11.00- 12.30 Panels I. CLIMATE CHANGE AND CONFLICT – ADDRESSING VULNERABILITIES THROUGH INTERNATIONAL REFUGEE, HUMANITARIAN AND HUMAN RIGHTS LAW Environmental pressures stemming from climate change are increasingly a driver of conflict and an additional source of vulnerability for affected communities. Such pressures may also contribute to the displacement of individuals both within their own country and across borders. What protections are offered by international humanitarian law, international refugee law and international human rights law for victims of conflict who are contending with environmental degradation, disasters and damage? And, in respect to international refugee law, how do debates about its relevance to climate change sit within broader developments on global governance for displacement and migration, in particular the recently adopted UN Global Compacts for refugees and for migration? Chair: Dr Chaloka Beyani, UN Special Rapporteur on the Human Rights of Internally Displaced Persons, Associate Professor LSE. Panel: o Ms Catherine Lune, ICRC, Head of climate change policy. o Ms Madeline Garlick, Chief, Policy and Law, UN High Commissioner for Refugees o Professor Francoise Hampson, Emeritus Professor, University of Essex II. A LOOK TO THE HORIZON: WHERE WILL TRADE AND INVESTMENT LAW, INVESTMENT PROTECTION AND INVESTOR-STATE DISPUTE SETTLEMENT BE IN 10/20 YEARS? This panel will bring together experts in the law of international investment and international commercial law to consider past, present and future perspectives of international investment law and dispute resolution, including evolution and likely conclusions of current debate around development of investment protections, future of Investor-State Dispute Mechanisms, and the impact of Brexit. The panel will consider how learning from the obstacles faced by WTO in the past 20 years can help identify workable solutions to challenges today in the investment context and how the international system might be improved or changed in future. Chair: Sir Daniel Bethlehem KCMG, QC Panel: o Mr Makhdoom Ali Khan, Senior Advocate of the Supreme Court of Pakistan and former Attorney General of Pakistan o Ms. Cherise Valles, Deputy Director, Advisory Centre on WTO Law. Speaker on international institutions pending Gabrielle Marceau, WTO Legal Affairs Divisiom Anna-Joubin Bret, Director UNCITRAL III. WHAT IS THE USE OF THE ICC? The Rome Statute has just turned 20. But has the International Criminal Court lived up to expectations, and are they set unrealistically high by States, civil society, victims groups and the Court itself? How should we assess the performance of those actors ultimately responsible for the Court’s success – the institution itself as well as States Parties? And which aspects of the Court’s functioning and the Rome Statute system more broadly are ripe for radical reform? Chair: Mr Shehzad Charania. Panel: o Prof Sarah Nouwen, University of Cambridge o Judge Silvia Fernandez, Former ICC President o Mr. James Stewart, ICC Deputy Prosecutor o The Hon. Peter Wilson CMG, HM Ambassador to the Netherlands 12.30- 13.30 Lunch 13.30- 15.00 Panels I. THE PROHIBITION ON THE USE OF FORCE – DEVELOPMENT OR EROSION? Concept: International lawyers consider the prohibition on the use of force in Article 2(4) of the UN Charter to be a foundation of the international order. The Charter system, to which Article 2(4) is so central, can claim many successes. But that system remains largely a horizontal system amongst sovereign States, in which UN Security Council action can be constrained for political reasons. In contrast much violence in the world today does not take place at the inter-State level, but rather at the level of non-State groups (including some that can now more easily also organise and operate transnationally with potentially devastating effect) taking up arms against a State, or at the level of oppressive States taking up arms against elements of their own populations. In the context of the problems of the contemporary world, are the Charter provisions adequate to allow for the countering of violence as well as the preservation of international peace and security? What is the right approach to the interpretation of Article 2(4)? Moderator: Prof Elizabeth Wilmshurst CMG, Chatham House Panel: o Prof Dapo Akande, University of Oxford o Mr Steve Pomper, Senior Director of Policy, International Crisis Group o Prof Larissa van den Herik, University of Leiden II. DEVELOPING ACCOUNTABILITY IN BUSINESS AND HUMAN RIGHTS: COMPLIANCE BY STATES AND NON-STATE ACTORS This panel will focus on the current efforts aimed at closing the accountability gap in the business and human rights sector, both at national and international levels. While the third pillar of the UN Guiding Principles on business and human rights calls for access to remedies, including judicial remedies, for violations of human rights linked to the corporate sector, such remedies are often not available to victims. The issue of corporate accountability for human rights violations is particularly challenging in the supply chain. The panel will discuss the role of states and international organisations in ensuring that business enterprises do conduct human rights due diligence in order to prevent human rights abuses, including in the supply chain. Chair: Prof Robert McCorquodale, Inclusive Law/Nottingham University Panel: o Prof Michael Addo, University of Notre Dame o Ms. Sarah Macrory, FCO o Ms Rae Lindsay, Clifford Chance o Ms Lise Smit, British Institute of International and Comparative Law o Ms. Gabriela Quijano, Amnesty International III. ROUNDTABLE ON MARITIME SECURITY The oceans and seas are a site where national interests can co-exist - or clash - with shared resources, high seas freedoms, and common interests. This roundtable brings together leading academic, government and policy experts to explore responses to contemporary maritime security threats, such as piracy, drug-trafficking, environmental damage, terrorism, weapons of mass destruction and illegal fishing. Roundtable: Chair: Sir Michael Wood Panel: o Dr Sofia Galani, University of Bristol o Mr Andrew Murdoch, FCO o Ambassador Rolf Einar Fife, Norwegian Ambassador to EU o Prof Seline Trevisanut, Utrecht University School of Law 15.00-15.30 tea/coffee 15.30- 17.00 Plenary Session ENGAGING WITH INTERNATIONAL LAW This session speaks directly to the theme of the conference, Engaging with International Law. Speakers representative of academia, practice, and the judiciary, will share their perspective on the use of international law and how their respective field engages with it. Chair: Dame Rosalyn Higgins, GBE, QC Panel: Prof Vaughan Lowe QC, Essex Court Chamber Legal Adviser Engagement: o Sir Iain Macleod KCMG, the Legal Adviser, Foreign and Commonwealth Office. o Ms. Maria Telalian, Head of the Legal Department, Ministry of Foreign Affairs, Athens, Greece. Human Rights Mechanisms: o Prof Kate O’Regan, Director of the Bonavero Institute of Human Rights and a former judge of the South African Constitutional Court) o Judge Tim Eicke QC, UK Judge on European Court Of Human Rights 17.00 Close 18.00 Supreme Court Event: As part of its 10th Anniversary celebrations, and in keeping with the theme of the London Conference, the Supreme Court invites conference participants to engage with the Court on International Law. Attendees will have an opportunity to attend sessions delivered by the Justices and to tour the Supreme Court building. Note, this will be open to all conference goers- the dinner later that evening will be on a ticketed basis 19.30 Dinner Lancaster House Speaker: Sir Christopher J. Greenwood GBE CMG QC DAY 2 THE BARBICAN CENTRE 4TH OCTOBER 09.00- 10.30 Plenary Session A CONVERSATION ON CHALLENGES TO HUMAN RIGHTS A conversation on challenges to human rights, including suppression of free speech, violations of the right to a fair trial, and the role (and limitations) of international bodies in redressing violations. The speakers will also consider innovative ways to enhance protection of human rights. Chair: Rt Hon Lady Arden of Heswall, DBE, PC Speakers: o Ms Amal Clooney, Doughty Street Chambers o Professor Sarah Cleveland, Columbia Law School 10.30- 11.00 Tea Coffee 11:00- 12.30 Panels I. INTERNATIONAL LAW AND CYBER SECURITY: CAN THE LAW KEEP PACE WITH TECHNOLOGICAL CHANGE? There is general agreement that international law applies to cyber operations. But in relation to cyber attacks by one state on another state that fall below the threshold of use of force, what is the relevant law? The panel will explore whether the Budapest Convention is fit for purpose in tackling international cybercrime. They will also look at the implications under international human rights law of technology, including the increased use of algorithms in decision making and the use of social media in elections. Chair: Prof Marko Milanovic, Nottingham University Panel: o Doug, Legal Adviser, GCHQ o Professor Lorna McGregor, Principal Researcher,
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