PluriCourts Centre for the study of the legitimacy of the international judiciary

20 18 2018 at a glance... Table of contents an active year for PluriCourts

2018 at a glance...... 3 Our efforts in past years yielded a very courts and global public goods. Spotlight on...... 5 strong range of publications. In 2018 We have two new Research Council of Brandeis Institute for International Judges...... 6 we have published thirty two articles, Norway projects that received funding Identity on the International Bench...... 8 eight books, and twenty six chapters in in 2017 have started up. Coordinator State Consent to International Jurisdiction ...... 10 anthologies. Freya Baetens’ team for “State Consent Expert Symposium...... 12 Four new anthologies were added to our to International Jurisdiction: Conferral, Lawful casualty or victim of a war crime?...... 14 series Studies on International Courts Modification and Termination” was Poor states or poor governance?...... 16 and Tribunals with Cambridge University established with the hiring of PhD fellows Researchers meet the European Court of Human Rights...... 19 Press: Emma Brandon and Nicola Strain. Annual Conference...... 22 Coordinator Ole Kristian Fauchald Fullbright Scholars...... 24 • Legitimacy and International Courts, hired PhD fellows Laura Letourneau- Professor Jeffrey Kahn...... 24 edited by Nienke Grossman, Harlan Tremblay and Runar Lie for his project Dr. Jacqueline R. McAllister...... 25 Grant Cohen, Andreas Follesdal and Geir on “Responses to the ‘legitimacy crisis’ of New at Pluricourts ...... 26 Ulfstein international investment law (LegInvest)”. PluriCourts in numbers...... 28 • The Legitimacy of International Trade We have also engaged with the Faculty of Events...... 30 and Tribunals, edited by Robert Howse, Law to explore the legacy of PluriCourts. Publications + Presentations...... 32 Hélène Ruiz-Fabri, Geir Ulfstein, Michelle This includes an inter-faculty PhD course, Q. Zang and “Ryssdalseminaret”, an annual • The Performance of International seminar with Norwegian judges. Courts and Tribunals, edited by Theresa PluriCourts is well-established in the Squatrito, Oran R. Young, Andreas international research field, attracting Follesdal, Geir Ulfstein visiting scholars and serving as a • International Courts and Domestic platform for our young scholars’ career Politics, edited by Marlene Wind development. In 2018, several of our researchers moved We continue to host a broad range on to other positions. Postdoctoral fellow of publication-oriented conferences Michelle Zang is now a senior lecturer at conducted in Oslo and abroad. We are Victoria University of Wellington. Taylor implementing our new research plan St. John became a lecturer at University of addressing cross-cutting dimensions St Andrews. We wish them all good luck among a broader range of international in their future careers. courts. Several workshops have gathered In 2018 we also welcomed a number of experts to consider such lessons new staff members to PluriCourts. In to be learned, including questions addition to the four new PhD fellows, we about the roles of international

2 | Annual Report 2018 PluriCourts - Centre for the Study of the Legitimacy of the International Judiciary | 3 received a new postdoctoral fellow – Martin Westergren. Former postdoctoral fellow Daniel Behn returned as Associate Professor, affiliated with the LegInvest project. Gro Høye Kvigne joined the administrative team and Emma Carrol and Victoria Skeie started working as research assistants during the spring Spotlight on semester. PluriCourts has an ambition to be an highlights from 2018 inspiring and inclusive workplace for all team members, not only at work, but also at play. In 2018, we organized a range of social activities, including participation »» Brandeis in the Holmenkollen relay, dinners and payday café gatherings. Our Thursday lunch quizzes are famous. We hope that »» Identity on the International Bench 2019 also will be academically stimulating, successful and fun! »» State consent

»» Expert Symposium

»» Lawful Causality or victim of war crime?

»» Poor states or poor governance

»» Researchers meet the European Court of Human Rights

4 | Annual Report 2018 PluriCourtsPluriCourts -- CentreCentre forfor thethe StudyStudy ofof thethe LegitimacyLegitimacy ofof thethe InternationalInternational JudiciaryJudiciary || 55 bers of their benches have a responsibil- also unusual for international courts, ity to address these issues, and that such faced with alleged ethical violations by sponsibility goes beyond what is the ‘pri- a judge, to appoint ‘an external com- mary work of international judges’, i.e. to mittee… composed of individuals with ‘produce well-reasoned and timely judg- relevant knowledge and experience to ments’. conduct the investigation and make rec- Brandeis Institute for ommendations’. Some newer institutions In the section devoted to the nomination have instituted such measures, and this International Judges and selection of international judges, the inspired BIIJ 2018 participants to ex- Recommendations emphasize the im- amine the benefits of such an approach. portance of having multiple candidates This provision of the Oslo Recommen- for judicial vacancies and the need to dations thus underscores the wisdom of consider diverse candidates. The doc- not confining consideration of poten- ument also broaches the question, per- tially serious ethical breaches to internal procedures behind closed doors. “The Legitimacy of International Courts: Challenges and Responses” haps publicly for the first time, of estab- lishing age limits for judicial nominees A version of this text, written by Leigh Swigart, Andreas Føllesdal and Geir Ulfstein, was pre- Other provisions of the Recommen- viously published on the IntLawGrrls blog. to ensure the ongoing fitness of inter- national judges over the length of their dations address issues that not infre- terms. A final provision in this section quently lead to public criticism of inter- In Oslo, 30th May to 2nd June, fifteen member states in response to action by its addresses the need for nomination and national courts. International judicial judges from thirteen international courts Prosecutor to examine crimes upon their selection authorities to ensure that inter- proceedings may be inefficient and over- drafted and finalized a set of recommen- territories. More generally, international national judges may carry out their work ly lengthy; their judges may take on too dations aimed at reinforcing the legitima- courts and tribunals feel a waning of the with independence and in security. much outside work to the detriment of cy of institutions of international justice. late 20th century enthusiasm and sup- their judicial responsibilities; proceed- These were the participants of the 2018 port for international justice institutions. The section on ethics and judicial integri- ings cannot always be followed remotely session of the Brandeis Institute for Inter- BIIJ judges clearly realize that a proactive ty deals with judicial culture in the court by interested parties; judgments and oth- national Judges (BIIJ), organized collab- response on the part of institutions may as well as ethical issues. It is notable that er judicial output may not be posted or oratively by the International Center for help them to negotiate current conditions the judges felt a need to emphasize that archived in such a manner as to be easily Ethics, Justice and Public Life, of Brandeis dissenting and separate opinions should accessible by scholars, other courts, and University, and PluriCourts. The Recommendations, which BIIJ par- ‘be delivered with restraint and formu- the larger public; and messaging and ticipants drafted and endorsed in their lated in respectful language so as not to outreach by international courts some- Over the course of the BIIJ, participants personal capacities, articulate relevant undermine the authority of the court’. times suffer from inaccuracy and incon- examined carefully how some interna- policies and activities in five arenas: nom- sistency. tional courts are currently experienc- ination and selection of international The provision that ‘[e]ach internation- ing ‘pushback’, be it from member states, judges; ethics and judicial integrity; ef- al court should have a code of judicial The Oslo Recommendations for En- civil society groups, or even their own ficiency of proceedings; transparency of ethics whose provisions are well known hancing the Legitimacy of International parent bodies. The World Trade Organi- proceedings and access to judicial output; to judges’ would seem obvious and un- Courts represent an initial step toward zation (WTO) Appellate Body, for exam- and role of judges in outreach and inter- necessary to mention. Nevertheless, initiating reforms in institutions of in- ple, finds itself at a critical juncture. The actions with the public. some BIIJ 2018 participants reported ternational justice that might help them United States has recently blocked all new that while their institutions may have to secure their standing on the world appointments to its seven-member bench, We find it first of all important that the already formalized a set of ethical guide- stage. Significantly, this first step has which will soon bring its important trade fifteen international judges acknowledge lines, new members of the bench may been made collectively by individuals dispute resolution work to a standstill. the legitimacy challenges facing interna- not be introduced to them nor even be whose positions serve as the fulcrum The International Criminal Court (ICC) tional courts. It is also significant that the aware of their existence. The guidelines upon which the entire international jus- has heard noise about withdrawal by some judges believe that both courts and mem- then lose their positive potential. It is tice system balances.

6 | Annual Report 2018 PluriCourts - Centre for the Study of the Legitimacy of the International Judiciary | 7 investment arbitration. Existing regulation tends to relate main- The legitimacy of courts and tribunals can ly to geographical representation and le- Identity on the be either normative (does the court have In terms of potential challenges, the con- gal systems, and occasionally (and more the requisite authority to issue binding cern is raised from time to time that di- recently) to gender. As regards appoint- International Bench decisions?) or sociological (is the court versity requirements may work to the ment practices, there appears to be some seen to have the requisite authority to detriment of adjudicators’ quality. This variation between different fields of law do so?). Diversity concerns may relate perceived tension between diversity and in terms of adjudicators’ most common to both aspects: when people with di- quality relies on the assertion that the profile, with for instance trade panellists Over the course of 2018, Prof. dr. Freya verse backgrounds ‘think differently’ on reason why certain groups are underrep- often coming from a low-profile non-law Baetens organised three conferences in certain legal issues, increased diversity resented is because there is only a ‘limit- governmental background, while invest- The Hague, bringing together scholars and can overcome the bias inherent in a sin- ed pool’ of suitably qualified candidates ment arbitrations tend to be high-profile practitioners to discuss different aspects of gular viewpoint, thereby strengthening from that group. However, there are a specialist lawyers. In arbitration, where the identity of adjudicators sitting on a wide the normative legitimacy of the court. number of factors that run counter to litigants are free to appoint their own range of international benches. Even if people with diverse backgrounds this narrative, including the already often adjudicators, the diversity of arbitrators do not ‘think differently’, as long as they politicised nature of selection processes; shows a similarly poor record to standing are perceived to be doing so, this can en- the limited number of seats to be filled courts. Furthermore, efforts to achieve Given the proliferation and growing promi- hance the court’s sociological legitimacy. (and thus qualified candidates required); diversity in the (s)election processes for nence of international courts and tribunals, Calls for increased diversity tend to be and that essentially no-one has the ‘ide- international courts are further compli- particular attention should be paid to those accompanied by two main justifications: al’ set of qualifications to be an interna- cated by the fact that judges tend to face a who hold the power of decision over ques- deontological and consequentialist. The tional judge. Another challenge – related two-stage process, consisting of a domes- tions involving sovereignty over territory, deontological approach, treating diversi- to the question of how much diversity is tic and an international phase. It appears grave human rights violations, internation- ty as a good in and of itself, is commonly required or deemed sufficient to ensure that in general, greater emphasis is placed al crimes, or millions of dollars’ worth of reflected in calls for democratic legitima- the legitimacy of the court or tribunal – is on diversity considerations by independ- economic interests. This project explored cy among the international judiciary. The posed by states treating diversity require- ent appointing authorities, such as the the implications of adjudicators’ identity consequentialist approach, meanwhile, ments as an exercise of simply ‘ticking the WTO, ICSID and PCA secretariat. and diversity for the legitimacy of interna- places value not on diversity as such, but box’, rather than meaningful engagement tional courts and tribunals; and summaris- on the impact that the diverse perspec- with the underlying issues. A number of presented papers has been es the volume’s contribution to the existing tives brought by the judges and arbitra- selected for publication in an edited vol- literature through the range of factors, in- tors may have on the judgments. In par- There is relatively little regulation on ume. stitutions, and stages examined, with the ticular, it appears that greater importance most aspects of diversity on the interna- latter covering not only appointment pro- is attached to the identity (and likely the tional bench; and in the absence (some- cesses, but also adjudicators’ time on the diversity) of the adjudicators where adju- times even in the presence) of such rules, bench and their legacy. dicatory bodies lack a strong (permanent) election and appointment practices reveal institutional framework, as in the case of significant imbalances in representation. Gender: identity 11th-12th January

Geography and Legal Culture: 17th-18th May

Religion and Ethnicity : 4th-5th October

8 | Annual Report 2018 PluriCourts - Centre for the Study of the Legitimacy of the International Judiciary | 9 8 | Annual Report 2018 PluriCourts - Centre for the Study of the Legitimacy of the International Judiciary | 9 resolution. She holds a Master of Law de- and assistance from states and provide for The first year of State Consent to gree (LLM) from the University of Cam- the confident and consistent enforcement bridge (2017-2018) and Bachelor of Laws of these obligations against states who are International Jurisdiction (LLB) and Bachelor of Arts (BA) degrees reluctant to comply. from the University of Western Australia (2007-2012). She has previously worked During the first year, Brandon has begun Establishing the SCIJ team as a lawyer for a leading commercial law laying out the methodical framework, de- In January 2018, a vacancy was an- Emma Brandon’s research interests in- firm in Australia, Clayton Utz, practic- scribing the factual background of states nounced inviting applications for the two clude international criminal law, interna- ing in commercial dispute resolution and that have signed but not ratified the rel- doctoral fellowships that are part of the tional human rights law, and international competition. evant treaties, and delving into states’ project on State Consent to International humanitarian law. She holds a Juris Doc- relevant obligations under the Vienna Jurisdiction (SCIJ). Dozens of interested tor degree (JD) from the American Uni- Setting up the SCIJ project Convention on the Law of Treaties. Next, and qualified candidates from all over the versity Washington College of Law (2014- The team have begun work on the cre- she will analyse obligations under inter- world applied for these positions, allow- 2017) and a Bachelor of Arts degree (BA) ation of a user-friendly consent database national human rights law that require ing for a competitive selection process. in International Relations and Political providing all “consent documents” in a states to provide certain types of assis- An eminent committee consisting of ICJ Science from Boston University (2009- centralized manner. During the first year, tance, such as the provision of evidence, Judge Peter Tomka, Prof. dr Mads An- 2013). She has previously held positions the team have collected and mapped dec- to international tribunals. denæs, Prof. dr. Geir Ulfstein and Prof. dr. at the International Criminal Court (ICC) larations by which states have conferred Freya Baetens reviewed all applications and the Public International Law and Pol- their consent to the jurisdiction of the Nicola Strain’s project considers the ap- and eventually decided that Emma Bran- icy Group (PILPG). International Court of Justice, the World proach of the WTO Panels and Appellate don and Nicola Strain would be best-suit- Trade Organization (WTO) Dispute Set- Body and investor-state arbitral tribunals ed to join the team. Both PhD fellows be- Nicola Strain’s research interests include tlement Body, the International Criminal to jurisdiction over questions of public gan working at PluriCourts in September international trade law, international in- Court, the United Nations Convention international law. She aims to provide a 2018. vestment law and international dispute on the Law of the Sea dispute settlement coherent definition of, and distinction be- mechanism, the International Centre for tween, jurisdiction and applicable law in the Settlement of Investment Disputes, order to prepare a comparative analysis of the European Court of Human Rights, the two systems’ approaches to interpret- the Inter-American Court of Human ing State consent. Rights, and the African Court of Human and Peoples’ Rights. In addition, the PhD During the first year, Strain has begun to Fellows have begun work on their PhD gather the primary consent documents projects. and literature on jurisdiction under inter- national law. She has also started to con- Setting up the PhD projects sider a methodological framework to as- Emma Brandon’s project investigates sess how these dispute settlement systems’ the international obligations of states approaches to jurisdiction balance the between signature and ratification of a normative considerations of the prima- treaty granting jurisdiction to an interna- cy of State consent against the efficiency tional criminal or human rights tribunal. of international dispute resolution. Next, It looks at rules under the law of treaties she will undertake a case law analysis to as well as criminal and human rights law determine the interpretation of jurisdic- that impose obligations on states vis-à- tion by these dispute settlement systems. vis these tribunals during this time. The Doctoral candiate Emma Brandon (left), Professor Freya Baetens (centre), project considers how a clarification of and Nicola Strain (right) at ‘Reforming International Investment Arbitration ‘ these obligations would assist interna- workshop. Photo: University of Oslo. tional tribunals in soliciting cooperation

10 | Annual Report 2018 PluriCourts - Centre for the Study of the Legitimacy of the International Judiciary | 11 Expert Symposium on the Role of International Courts in disputes, or requests for advisory opinions Desai (India), Reader Francesco Sindico Protecting Environmental that deal with legal interests of broader, (UK), Prof. Sumudu Atapatu (US), even global, application. It also offered Prof. Erick Kassongo (DR Congo), Prof. Commons some reflections on alternatives for more, Markus Gehring (UK/Canada), Prof. and more effective involvement of ICs in Margaret Young (AUS), Prof. Marie Claire issues that are of common interest. Cordonier Segger (UK), Prof. Denise Pluricourts together with the Climate Participants concluded that ICs, for Antolini (HI), Prof. David Forman (HI) Change Specialist Group of the IUCN example, have the role of clarifying legal and Prof. Christina Voigt (Norway/ World Commission on Environmental rights and obligations with respect to Hawaii). Law, the Environmental Law Program common goods. They resolve disputes, On November 10th, ELP faculty and (ELP) at the University of Hawai‘i at but also clarify and develop the law more students and members of the UH Mānoa, William S. Richardson School generally through their reasoning. In Law Review organized a Roundtable of Law, and the University of Hawai‘i doing so, they also have wider aggregate Discussion on “The Role of International Law Review, organized a symposium effects beyond the legal claim itself, for Courts in Protecting the Global on “The Role of International Courts in example promoting stability, predictability Commons,” featuring the Symposium’s Protecting Environmental Commons”. and economic development. distinguished guest speakers. The symposium took place at the William Speakers included: Prof. Dan Bodansky Several of the presented papers will be S. Richardson School of Law, University (US), Justice Michael Wilson (Supreme published in the upcoming edition of the of Hawai‘i at Mānoa, Honolulu, on 9 Court, Hawaii), Justice Antonio Benjamin University of Hawaii Law Journal. November 2018. (High Court, Brazil), Prof. Christiane During the symposium, participants Derani (Brazil), Prof. Lakshman inquired into the role(s) of international Guruswamy (Sri Lanka/US), Prof. Bharat courts and tribunals (ICs) in dealing with issues related to environmental commons. “Environmental commons” in this context were broadly defined as areas, activities, interests and rights/obligations that are of concern for a broader set of actors than just the parties to a dispute. As a compound concept, it was understood to capture both environmental concerns with regard to areas beyond national jurisdiction (global commons), global environmental public goods, common concerns with or common interests in specific environmental issues that are of a nature that goes beyond the sovereign interest of any particular state. This symposium gathered experts to discuss whether international courts are “guardians” of environmental commons – or not; which role(s) they play in the protection of collective environmental interest and which limitations and opportunities they face when dealing with

12 | Annual Report 2018 PluriCourts - Centre for the Study of the Legitimacy of the International Judiciary | 13 “In the

Lawful casualty or victim of a war crime? Peacekeepers intervening Peacekeepers are civilians and are pro- In her new book, Fighting and the Victimhood on International Criminal Law, Joanna tected from attack. They are, however, of- Nicholson, Postdoctoral Fellow at University of Oslo, investigates how some interna- century, the ten placed between warring parties. tional criminal courts have untangled those who were legitimate military targets from Although their mission is to help the those who were victims of international crimes. peace process in war-torn countries, they nature of unfortunately can themselves become the The recruitment and use of children un- victims of attacks. Recently 14 UN peace- warfare has der the age of fifteen to participate -ac keepers were killed in the Democratic Re- tively in hostilities, is recognized as a war public of Congo by Islamic extremists. crime under the Rome State of the Inter- “Peacekeepers are mandated to main- changed: today national Criminal Court. This prohibition tain or restore international peace and applies to both governmental groups and security. They serve under the banner it is civilians non-state armed groups. of the United Nations, and as such they represent the global community. Crimes Still a legitimate target against them merit special attention by who bear the International law protects fighters and ci- However, the idea that childhood ends international criminal courts,” Nicholson vilians differently. Establishing who has at a certain age is primarily a western says. brunt of war.” been a victim of a war crime and who has construct, Nicholson points out. Other been a lawful casualty of war is not always cultures may use different milestones for Peacekeepers can lose their civilian pro- easy. As part of her research, Nicholson determining when adulthood has been tection clarifies how the act of fighting can make reached. For example the fact that a par- Targeting peacekeepers constitutes a a difference in the context of when an in- ticular child can handle a weapon. Ni- crime under international criminal law. dividual can qualify as a victim of an in- cholson explains that cases from interna- However, when considering attacks ternational crime. tional criminal courts have been helpful against peacekeepers, international crim- Nicholson explains that courts have not in publicizing the international crime of inal courts have to be careful to ensure always been as careful as they should be the recruitment and use of children under that the peacekeepers’ actions have not at determining whether a particular indi- the age of fifteen. made them lose their civilian protection. vidual was a lawful casualty of war rather “Although only a few cases have been This occurs through the peacekeep- than a victim of a war crime. brought before international courts, they ing force being drawn into the conflict The book has chosen to emphasize crimes have helped spread the message that the and becoming a party to the conflict; or that can be committed against two specif- recruitment and use of children under through individual peacekeepers acting ic groups: child soldiers and peacekeep- fifteen in armed conflicts is a war crime,” beyond the limits of self-defense. ers. says Nicholson. Once civilian protection is lost, attacks Nicholson also highlights that even against peacekeepers may be lawful acts Child soldiers though the recruitment and use of chil- of war rather than war crimes. Interna- In recent decades, child soldiers have dren under 15 is a war crime, when chil- tional criminal courts have to be careful become a regular feature of some armed dren are used by armed groups to directly to assess whether in the circumstances of conflicts. participate in hostilities, for example, if a particular case, the peacekeepers have Fighting and Victimhood in Children are appealing to some armed they actively take part in a battle, it is not retained their civilian protection. International Criminal Law groups as their youth can make them eas- a war crime for the opposing forces to at- Nicholson argues that fighting can have ier to manipulate and more fearless than tack them. implications for victimhood and she The book “Fighting and Victimhood in adults. They can be used for a wide varie- According to international law, the child hopes that her research will help guide International Criminal Law” is authored ty of tasks: as bodyguards; domestic help; soldiers continue to be a legitimate mili- international criminal courts in future by Joanna Nicholson and published sexual slaves; food gatherers, as well as tary target despite their age. cases. with Routledge as part of a series being directly involved in fighting. entitled Routledge in international Law. This review, previously published on sciencenordic.com, was wriiten by Laura Letourneau-Tremblay 14 | Annual Report 2018 PluriCourts - Centre for the Study of the Legitimacyacy of of the the International International Judiciary Judiciary | | 15 15 Is there a bias against developing states in economical level could affect the results In the analysis, the re- of investment treaty arbitration. First, lit- searchers found that all six investment treaty arbitration? igation in these cases is expensive, which indicators reduced the effect means that it can be difficult for less devel- a state’s economic status had oped states to cover the costs. They do not on the result of an ITA outcome. necessarily have experts on international The effect was most significant for “We wanted to assess the claim that there Poor states have a much smaller chance economic law available, and may not be the indicators impartial bureaucracies is a bias against developing states, using of winning an investment treaty arbitra- able to afford a good defense. It could also and property rights protection. These data from the PluriCourts Investment tion case than rich states. Is this because be more difficult for poor states to offer two cancelled out the effect of economic Treaty Arbitration Database (PITAD).” of their lack of wealth or because of the compensation to investors who claim that development on ITA outcomes. In other lack of quality of their governance? the state has violated their agreement, to words, if a developing state has a bureau- avoid a trial. cracy that is not affected by political pres- Empirical research on Investment sure and/or a functioning legislation for Treaty Arbitration “It is difficult to define a states’ econom- protecting private property, they have a One of the challenges of doing empirical Since the mid-2000s, researchers and ic development status, and to find relia- better chance of winning in a case even if research within this field has been the practitioners have discussed systemic ble data that can be used to say some- it is poor. However, these two indicators lack of data. Researchers at PluriCourts deficiencies in the investment treaty re- thing about this”, says Professor Malcolm also had an effect on rich states chances of has created a solution for this challenge, gime. The legitimacy of investment arbi- Langford. “We chose gross national in- winning. “This is not surprising, consid- by building PITAD – a large data- tration in particular, has come come (GNI) per capita because it gives us ering that these two factors are important base containing all the avail- under question. Some argue more information than the World Bank’s for investors when they decide whether able ITA cases. The da- that the system favors four-category income groups (WBIGs)”. to invest in a state or not”, Daniel Behn tabase is continuously the investors and their explains. ARTICLE updated, and includes private property in- The researchers also found it challeng- information from terests over the host Behn, Daniel, Tarald Laudal Berge, ing to assess states’ quality of governance. The research findings suggest that there is several sources. states’ opportunity Malcolm Langford. “Poor states or poor They chose six different characteristics of some truth in the conflation theory, but to change regula- governance? Explaining outcomes in respondent states that could say some- only for these two indicators. With the “Using the database, tions and legislation investment treaty arbitration”. 38 (3) thing about whether there is a state-lev- four other indicators, the economic factor we wanted to test to the better for the Northwestern Journal of International el bias in investment treaty arbitration still has a solid impact on ITA outcomes. the conflation theo- public. According Law and Business. (2018) 333-389. – political regime stability, degrees of ex- This means that both economic develop- ry – the idea that the to them, this bias has ecutive constraints, bureaucratic quality, ment and quality of governance have an anti-developing state nothing to do with the strength of property rights protection, effect on investment treaty arbitration. bias in investment trea- state’s economic and polit- independence and quality of the judiciary ty arbitration has to do with ical background. Others claim and levels of political corruption. They What will happen with investment trea- the developing countries’ domestic that investment treaty arbitration also included eight controls that could af- ty arbitration? governance structures, and not their lack (ITA) is biased against developing states, fect the outcome patterns. The empirical based research on invest- of wealth”, says PhD Fellow Tarald Laudal the so-called anti-developing state bias. ment treaty arbitration is still in the start- Berge. This means that investors are more suc- “The most striking initial finding was that ing phase, and more research is needed to cessful in cases against developing states investors have a more than four times explain the background for the decision This can be challenging to find out, since than they are in cases involving more de- better chance of winning cases against making process in arbitration. There are the economic development level of a veloped states. a low-income respondent state than a several topics that needs to be studied, for country and its levels of democracy often high-income responding state, and the example other types of potential arbitra- is intertwined. So far, there has been little empirical re- differences are even greater when we in- tor bias. search done on outcome asymmetries in clude settled cases. If the conflation theo- Economic or democratic bias – could it investment treaty arbitration, and the re- ry is correct, we should be able to explain The questions regarding the legitimacy of be both? sults of the research have been mixed. As- this based on the quality of the states’ gov- investment treaty arbitration that has ris- There are several reasons why a state’s sociate Professor II Daniel Behn explains ernance”, Malcolm Langford says. en the last decade has led the United

16 | Annual Report 2018 PluriCourts - Centre for the Study of the Legitimacy of the International Judiciary | 17 Researchers meet the European Court of Human Rights

reasoning and legitimacy around Article Highlights from the workshop Respond- 3, presented by Elaine Webster, and ing to Legitimacy Challenges: Oppor- finished with Ed Bates’s presentation on tunities and Choices for the European the concept of subsidiarity. After these Court of Human Rights, 21st September presentations, Vice President Angelika 2018 (written by Victoria Skeie). Nußberger responded to each, and kicked off the discussion and questions from the PluriCourts arranged a workshop at rest of the room. Several judges joined the European Court of Human Rights the workshop and participated in the together with the Netherlands Institute discussion. of Human Rights (SIM), Montaigne Centre at Utrecht University, Human Rights Centre at Ghent University, Koc Dialogue and relations with national University Centre for Global Public Law, judges From left to right: Tarald Laudal Berge and Malcom Langford. and the Hertie School of Governance. This After lunch, Basak Cali chaired the International Workshop on ‘Responding panel entitled ‘Dialogue and relations to Legitimacy Challenges: Opportunities Nations Commission on International national investment law. Our hope is that with national judges’. Gregory Davies and Choices for the European Court of Trade Law (UNCITRAL) to assess the ne- better and more empirically driven re- examined the judicial relation between Human Rights’ brought together a select cessity of creating a court for these cases. search can help illuminate if the criticism the UK and Court, and this was followed group of academics and professionals Gender balance, the selection of arbitra- against the ISDS system is based on facts by Raphaella Kuns, addressing domestic at the Court, including both judges and tors and the potential problem of double or assumptions.” courts and constructive contestation. members of the Registry. This workshop hatting, are all challenges the system are This presentation drew links to the analysed the different challenges that facing. In an UNCITRAL working group Inter-American Human Rights System are facing the Court, with opportunities meeting held in Vienna this fall, the which was also a topic in the discussion for academics, judges and Registry staff members/participants referred to both afterwards. Judge Paulo Pinoto de to engage in informal dialogues and research done by PluriCourts researchers Albuquerque delivered comments to exchanges. Vice President Angelika and to the PITAD database. both of these papers, which both of the Nußberger and PluriCourts Co-Director speakers responded to. Andreas Føllesdal opened the conference “We are proud to be a part of this process, and noted the importance of academia and happy that our research can provide and the Court working together. Remedies and compliance with a scientific ground for the future of inter- judgements The final session, ‘Remedies and Subsidiarity and legitimacy challenges compliance with judgements’, was The first panel discussed subsidiarity and chaired by Antoine Buyse, with Judge legitimacy challenges. Chaired by Janneke Ganna Yudkivska delivering comments. Gerards, this panel had a presentation The first presenters were Alice Donald by political scientists Øyvind Stiansen and Anne-Katrin Speck, on ‘The and Erik Voeten, with statistical data on developing remedial practice of the the decision-making by the judges at the European Court of Human Rights and Court. This session also examined the its implications for the legitimacy of the

18 | Annual Report 2018 PluriCourts - Centre for the Study of the Legitimacy of the International Judiciary | 19 residence, where the discussion between writing judgements, and their worry the different groups continued in an that journalists are unlikely to read the informal setting. full-length judgements. This spurred the discussion to consider the work- load of the Court in balancing incoming Future dialogue applications. This type of free-flowing The aim of this workshop was to create dialogue and the response from all groups an informal exchange by these two after the conclusion of the workshop groups, who otherwise, when meet, do was overwhelmingly positive. Several so under more formal circumstances. people believed they could benefit from By illuminating the issues that the Court a similar workshop again in the future, faces, the workshop hoped to facilitate which PluriCourts is looking forward to discussion on possible solutions and planning. remedies. One example included the discussion on tabloids who, effectively, try to delegitimize the Court’s work. One suggestion from an academic included writing more comprehensive judgements that could clarify cases for journalists. In this instance, the judges were able to explain what goes into

From left to right: Janneke Gerards, Vice-President Angelika Nussberger, Andreas Føllesdal, Elaine Webster, Ed Bates, Erik Voeten, and Øyvind Stiansen at the European Court of Human Rights, Strasbourg, France. Photo: Ann-Katrin Speck

ECHR system’. Lize Glas had written a and issues raised. Eva Brems chaired this paper about the Burmych and Others v. session and asked insightful questions Ukraine case, with regards to deviation which led to the panel sharing their own and repetitive applications. The final experience from working at the Court. presenter, Andreas von Staden presented This was valuable for researchers who a paper on improving compliance and spend time researching exactly how the the court’s perceived legitimacy with Court functions. Judge Robert Spano also regards to the margin of appreciation. responded to what he has, coincidentally, coined ‘the age of subsidiarity’, and expanded on the arguments made in Comments from keynote listeners his paper, “Universality of Diversity of After the discussion following from Human Rights? Strasbourg in the Age these presentations, a new type of panel of Subsidiarity”. This panel was very was organized called ‘keynote listeners’. stimulating and insightful for all groups, Selected members of the Court and and it was interesting hearing from the registry who had joined for the whole head of the Registry, Olga Chernishova. workshop and engaged throughout the The evening was concluded by a Photo sourced from Wikipedia day responded to the general themes reception at the Norwegian Ambassador’s

20 | Annual Report 2018 PluriCourts - Centre for the Study of the Legitimacy of the International Judiciary | 21 project’s primary objective is to determine the relative importance of investment treaty arbitration (ITA) for the design of international investment agreements (IIAs) and the relative importance of (re-) Annual Conference design of IIAs for ITA. Two new doctoral – a medley of law, political science and philosophy candidates join us at Pluricourts as part of this project; Runar Hilleren Lie and Laura Letourneau-Tremblay. Øyvind Stiansen presented his work on ‘Facilitating Compliance with Judicial This years annual conference was marked by a public lecture given by Professor Samantha Decisions: Lessons from the International Besson (University of Fribourg) at Litteraturhuset, followed by full-day conference Human Rights Judiciary’. This work presenting PluriCourts’ current and future research projects. was done utilizing two new datasets on compliance from the European Court of Human Rights and Inter-American Court Our 2018 annual conference took place PluriCourts’ research of Human Rights judgments. These were between the 21st-22nd June, on a few presentations formed in collaboration with Georgetown particularly sunny days in Oslo. On the second day of the conference, University, and with Daniel Naurin and PluriCourts’ researchers presented Live Standal Bøyum. He concluded that Public Annual Lecture ongoing work and the results of their PluriCourts, now, has the data required research. for studying what affects compliance It commenced with the annual lecture, and that increasing the specificity of held by Professor Samantha Besson, There were presentations on a number of judgments and avoiding challenges to from the University of Fribourg. Her new publications from the PluriCourts’ the legal authority of judgments appear lecture was entitled ‘International Courts researchers. Geir Ulfstein gave an to be useful strategies for increasing and the International Jurisprudence of introduction to the anthology The compliance. Statehood‘. She purported that over the Legitimacy of International Trade Courts years, ICs have not only been specifying and Tribunals, which is a part of the Oxford the existence, content and scope of States’ University Press Studies on International duties and responsibilities in various Courts and Tribunals Series. Matthew Saul regimes of international law, but they presented the anthology The International have also contributed to the continuous Human Rights Judiciary and National legal definition and delineation of States Parliaments: Europe and Beyond, which themselves. In the lecture, Professor he edited alongside Andreas Føllesdal and Besson focused on the case-law of three Geir Ulfstein. Taylor St. John introduced international courts – the International her monograph The Rise of Investor– Court of Justice, the European Court State Arbitration: Politics, Law, and of Human Rights and the Court of Unintended Consequences. Justice of the European Union, paying Ole Kristian Fauchald and Øyvind particular attention to the jurisprudence Stiansen presented their current research. of statehood. Professor Fauchald discussed his new research project ‘Responses to Photo: Professor Samantha Besson the ‘legitimacy crisis’ of international investment law’, dubbed LegInvest. The

22 | Annual Report 2018 PluriCourts - Centre for the Study of the Legitimacy of the International Judiciary | 23 The Fullbright- PluriCourts partnership... Fullbright Scholars welcomes outstanding scholars to visit Oslo for shorter period of time, For the academic year 2017 / 2018 PluriCourts welcomed two Fulbright fellows – Dr. from six - ten months. During their Jacqueline McAllister from Kenyon College and Professor Jeffrey Kahn from Southern stay at PluriCourts, the Fulbright Fellows Dr. Jacqueline R. McAllister Methodist University. are integrated into the team. They are welcome to attend all seminars and Assistant Professor, Department of Political research group meeting, and contribute Science, Kenyon College Professor Jeffrey Kahn to ongoing research through active Dedman School of Law, Southern Methodist University feedback, project integration, and an informal working What would you recommend to other book project and several articles, one of environment. researchers who would like to have a which is forthcoming in the European research stay at PluriCourts? Journal of International Law. During the PluriCourts was a wonderful host. The Why did you choose to be a guest year I spent at PluriCourts, I gave lectures faculty and staff were incredibly welcoming researcher at PluriCourts? in Helsinki, Leuven, Moscow, Oslo, and and friendly. I would encourage guest Oxford, and made study visits to London, PluriCourts is at the forefront of researchers to take advantage of the Petersburg, and Strasbourg. I made new interdisciplinary research on the role Center’s professional and social events, professional acquaintances and developed and effects of international courts and ranging from lunch seminars to daily strong friendships at PluriCourts and tribunals. A Fulbright at PluriCourts thus lunches. These opportunities provide a elsewhere in the University of Oslo. afforded me an incredible opportunity to wonderful way to learn about researchers’ Returning to my home institution, I complete my research while collaborating projects and other impressive activities designed an advanced-level seminar for with a diverse community of experts. in an informal, open way. They thus my students that benefitted greatly from fuel creativity and inspiration. I would Why did you choose to be a guest my exposure to new ideas and resources also encourage guest researchers to take researcher at PluriCourts? at PluriCourts. It was a productive and How did your stay at PluriCourts advantage of press and blog activities, There is no better place in the world to enjoyable year. affect your research? which can help them to better circulate conduct my research, which focuses What would you recommend to other PluriCourts affected my research in and receive feedback on their work. on Russian and British relations with researchers who would like to have a incredibly positive ways. Not only the Council of Europe in general and research stay at PluriCourts? was my stay immensely productive the European Court of Human Rights Plan your year with care, setting discrete (I completed two articles, as well as a in particular. PluriCourts is a leader goals to accomplish a research project working draft of a book manuscript), but in the study of international courts. Its thoughtfully designed well in advance. working with an interdisciplinary team reputation attracts talented researchers But be prepared to deviate from that of scholars opened my eyes to new angles from many disciplines who build plan occasionally to take advantage in my research. It was also inspiring to friendly, constructive spaces to work of unanticipated opportunities at learn about other researchers’ unfolding and share ideas. The directors facilitate PluriCourts, the University, and the research projects, all of which are a supportive and vibrant community city of Oslo. There is always something incredibly relevant for making sense of scholars. Its location put Moscow, intellectually exciting happening here of the judicialization of world politics. London, and Strasbourg all within easy to contribute to, and sometimes distract Moreover, the opportunity of engaging reach for study visits and conferences. from, a larger research agenda. But, no with international court professionals And Oslo is a family-friendly city in matter what, say yes when one of the (e.g. lawyers, judges, prosecutors, and which to live. directors asks if you would like to join outreach personnel) helped me to make How did your stay at PluriCourts him on a hike up Galdhøpiggen! my own research more policy-relevant affect your research? and oriented. PluriCourts helped me to launch a new

24 | Annual Report 2018 PluriCourts - Centre for the Study of the Legitimacy of the International Judiciary | 25 New at Pluricourts

In 2018 four new PhD candidates joined the team at PluriCourts.

Emma Brandon Runar Hilleren Lie Thesis Holding Signatories to Account: States' Obligations Upon Signing Thesis A Computational Approach to Studying Development, a Treaty Granting Jurisdiction to an International Criminal or Environment and Human Rights in the International Investment Human Rights Tribunal Regime Background BA in Political and International Relations, JD Background Master in Law Hidden talent Foil Fencing Hidden talent I can whistle both on out-breath and in-breath. What is your project What originally attracted What is your best first What is your project What originally attracted What is your best first about? you to PluriCourts? year memory? about? you to PluriCourts? year memory? As part of the State The opportunity to doAttending the “Ensuring The project aims toThe excellent empiricalPresenting a paper at the Consent to International research that I cared about and Balancing the Rights introduce a computational research being conducted, ASIL/CSIL conference Jurisdiction project, my in an interdisciplinary of Defendants and Victims approach to studying and the very pleasant one week after starting the project investigates the and international work at International and the actors responses and supportive work- PhD, and not getting rotten obligations that states have environment. Hybrid Criminal Courts” to development, environment. tomatoes thrown at me. when they have signed but Conference before I had even environment and human not yet ratified a treaty officially started work and rights provisions in the granting jurisdiction to finding myself surrounded international investment an international criminal by expert scholars and regime. or human rights tribunal. practitioners in my field. The aim is to clarify these Nicola Strain obligations so that these Thesis Jurisdiction and applicable law of the WTO and investor-state tribunals have a strong legal arbitration in relation to other public international law: balancing argument to ensure that State consent and efficiency these states provide vital Background BA, LLB, LLM assistance to the tribunals. Hidden talent Baking lemon meringue pies Laura Letourneau-Tremblay What is your project What originally attracted What is your best first Thesis Environmental protection and international investment law about? you to PluriCourts? year memory? Background LLB (Université Laval), LLM (UiO) My project explores the I was attracted to the Learning about the Hidden talent Fermenting food and yoga! approach of the WTO and specialised international Norwegian custom of What is your project What originally attracted What is your best first investor-state arbitration court focus of PluriCourts lønningspils. about? you to PluriCourts? year memory? to dealing with other and the opportunity to In my project, I aim at PluriCourts is somehow my I very much enjoy the ‘Shut- public international law work on a research project proposing options for second family... I have been up & Write’ sessions that we raised in the dispute that really interested me. increasing synergies affiliated with PluriCourts organize with other PhDs. and how this approach between international for some years already and balances considerations investment law and I am very happy to be back! of State consent and environmental protection efficiency. and further understand how adjudicative processes and treaty practice interact at the international level.

26 | Annual Report 2018 PluriCourts - Centre for the Study of the Legitimacy of the International Judiciary | 27 PluriCourts in numbers The team

Management Research assistants Director Andreas Føllesdal Stein Arne Brekke Co-director Geir Ulfstein Marcelo Campbell Administrative manager Siri Johnsen Emma Carrol Tanja Czelusniak Coordinators Victoria Skeie Freya Baetens Ole Kristian Fauchald Administration Daniel Naurin Marit Fosse Christina Voigt Gro Elisabeth Høye Kvigne MEN WOMEN Stephanie Schmölzer (on leave) Overall: 44% Overall: 56% Postdoctoral fellows Academic staff: 48% Academic staff: 52% Szilárd Gàspàr-Szilàgyi Guest researchers Mikael Holmgren Andrea Bjorklund Silje Synnøve Lyder Hermansen William Byrne DISCIPLINES Joanna Nicholson Leiry Cornejo Chavez Law: 28 (64%) Juan Pablo Pérez-Léon Acevedo Felix Fouchard Pol.sci.: 11 (25%) Antionette Scherz Rosemary Grey Taylor St John Philosophy: 5 (11%) Petra Gyongyi Martin Westegren Jeffrey Kahn Administration: 4 Michelle Zang Carola Lingaas PhD candidates Jacqueline McAllister Tommaso Pavone Tarald Laurdel Berge Claire Poppelwell-Schevak Emma Brandon Matthew Saul Laura Letourneau-Tremblay NATIONALITY Vegard Tørstad Norway 42 % Europe (other) 31 % Asia 2 % Runar Hillern Lie Rosa Manzo America 21 % Australia and Oceania 4 % Øyvind Stiansen Nicola Strain

Researchers Daniel Behn Silje Langvatn Ester Elisabeth Jørgensen Strømmen Morten Ruud

28 | Annual Report 2018 PluriCourts - Centre for the Study of the Legitimacy of the International Judiciary | 29 Conferences and workshops

11-12.01 Conference, Gender on the 05.11 Ryssdal Seminar. Domstolenes International Bench. The Hague utfordringer: Uavhengighet og effektivisering. Oslo. 68 15-16.02 Workshop, General Principles Events in total 09-10.11 Expert Round Table “The Role of Law: in National, European and International Law. Paris of International Courts in Protecting Environmental Commons”. Honolulu. 17-18.04 Workshop, Concepts and Methods: Text as Data. Oslo 06.12 Workshop. How to apply for ERC funding?. Oslo. 17-18.05 Conference, Geography and PluriCourts Lunch Seminars Legal Culture on the International Book launches, lectures on topics pertaining to Bench. The Hague international courts and 30.05-02.06 Brandeis Institute for and presentation 19 tribunals. International Judges. Oslo. 06.06 Seminar, Investment Treaty Law 08.02 Lecture, Public Accountability? Human Rights and the Autonomy of EU Law: after Reflections on the duality of Expertise Seminars, Masdar v Spain and Achmea. Paris vs Accountability, Oslo specializing on 18-19.06 Workshop, The Political and 31.05 Lecture, International Courts human rights courts. Legal Theory of International Courts in the face of Increasing National 3 and Tribunals. Oslo Criticism 20-21.06 Workshop, Reflection Group: 05.06 Online book launch, The Rise of the comparative advantage of Investor-State Arbitration International Criminal international courts and tribunals. 29.08 The Trial of the Kaiser and the Law Lunch Seminars. Oslo. Origins of International Criminal 21-22.06 Conference, PluriCourts Law. Lecture by William A. Shabas 6 Annual Conference 2018. Oslo. 23.10 European Convention on Human 30-31.08 Conference, Ensuring and Rights, Russian Legal Identity and the “Right to Object” to Enforcement of Reading groups on the most relevant Balancing the Rights of Defendants the ECtHR Judgments. Guest Lecture publications on international courts and Victims at International and Hybrid Criminal Courts. Oslo. by Vladislav Starzhenetsky, Oslo. and legitimacy in the fields of law and 10.12 High Courts and Autocratic political science. 04-05.10 Conference, Religion and Ethnicity on the International Bench. Regimes. Book presentation by Raul 12 Sanchez Urribarri, Oslo The Hague. Political and Legal Theory 8 Workshops.

2904 followers

398 followers

30 | Annual Report 2018 PluriCourts - Centre for the Study of the Legitimacy of the International Judiciary | 31 Elgar Publishing. The Khodorkovsky Case and Choi, Won-Mog ; Baetens, Freya. Political Interference with Justice” “Regional Co-operation and in A Sociology of Justice in Russia. Publications and Organization: Asian States” in Cambridge University Press. Max Planck Encyclopedia of Public Kahn, Jeffrey. “Hybrid Conflict and International Law. Prisoners of War: The Case of Føllesdal, Andreas. “Appreciating the Ukraine” in Complex Battlespaces: presentations The Law of Armed Conflict and the Margin of Appreciation” in Human Rights: Moral or Political?. Oxford Dynamics of Modern Warfare. Oxford University Press. Books Universitetsforlaget. University Press. Langford, Malcolm; Behn, Daniel; Voigt, Christina; Makuch Zen (eds.). Føllesdal, Andreas.“Constitutionalization, Føllesdal, Andreas; Ulfstein, Geir (eds.). Fauchald; Ole Kristian. “Backlash Courts and the Environment. Edward Not Democratization” in Legitimacy The Judicialization of International and State Strategies in International Law. A Mixed Blessing? Oxford Elgar Publishing. and International Courts. Cambridge University Press. Investment Law” in The Changing University Press. Wind, Marlene (ed.). International Practices of International Law. Grossman, Nienke; Grant Cohen, Courts and Domestic Politics. Føllesdal, Andreas. “The Legitimate Cambridge University Press. Cambridge University Press. Authority of International Courts Harlan; Føllesdal, Andreas; Naurin, Daniel; Reh, Christine. Ulfstein, Geir (eds.). Legitimacy and and Its Limits: A Challenge to Raz’s Service Conception?” in Legal “Deliberative Negotiation” in The International Courts. Cambridge Oxford Handbook of Deliberative University Press. Book chapters Authority Beyond the State. Cambridge University Press. Democracy. Oxford University Press. Baetens, Freya; Kluwen, Tim. Howse, Robert; Ruiz-Fabri, Hélène; Naurin, Daniel; Larsson, Olof. “House “International Court of Justice” in The Føllesdal, Andreas. “Power or Authority; Ulfstein, Geir; Q. Zang, Michelle. of Cards in Luxembourg: A Brief Encyclopedia of Diplomacy. Wiley- Actions or Beliefs” in International The Legitimacy of International Trade Defence of the Strategic Model of Courts and Tribunals. Cambridge Blackwell. Court Authority. Oxford University Press. Judical Politics in The Context of University Press. Baetens, Freya. “Diplomatic Protection” the European Union”. The Court Nicholson, Joanna (ed.). Strengthening in Max Planck Encyclopedia of Føllesdal, Andreas. “When Common of Justice of the European Union- the Validity of International Criminal Comparative Constitutional Law. Interests are not Common: Why the Multidisciplinary Perspectives. Hart Tribunals. Brill Oxford University Press. Global Basic Structure Should be Publishing. Democratic” in Global Governance. Baetens, Freya. “European Community Ryssevik, Jostein; Føllesdal, Andreas; Edward Elgar Publishing. Nicholson, Joanna. “Introduction” Thorsen, Dag Einar; Aubert, Axel. and Union: Association of Overseas in Strengthening the Validity of Politikk og menneskerettigheter. Countries and Territories” in Max Føllesdal, Andreas; Ulfstein, Geir. International Criminal Tribunals. Brill Aschehoug & Co. Planck Encyclopedia of Public “International Courts and Tribunals: Academic Publishers. International Law. Oxford University Rise and Reactions” in The Squatrito, Theresa; Young, Oran Nicholson, Joanna. “Strengthening the Press. Judicialization of International Law. R.; Føllesdal, Andreas; Ulfstein, A Mixed Blessing?. Oxford University effectiveness of international criminal Baetens, Freya. “Decolonization of Geir (eds.). The Performance of Press. law through the principle of legality” International Courts and Tribunals. Belgian Territories” in Max Planck in Strengthening the Validity of Cambridge University Press. Encyclopedia of Public International Grant Cohen, Harlan; Føllesdal, Andreas; International Criminal Tribunals. Brill Law. Oxford University Press. Grossman, Nienke; Ulfstein, Geir. Academic Publishers. St. John, Taylor. The Rise of Investor- “Legitimacy and International Courts Berge, Tarald Laudal; Hveem, Helge. “The State Arbitration: Politics, Law, and – A Framework” in Legitimacy and Pérez León Acevedo, Juan Pablo. “The International Regime for Investment: Unintended Consequences. Oxford International Courts. Cambridge Experience of the Åbo Akademi A History of Failed Multilateralism” in University Press. University Press. University International Human Handbook of the International Political Rights Law Clinic, Finland” in Ulfstein, Geir; Ruud, Morten. Economy of the Corporation. Edward Kahn, Jeffrey. “The Richelieu Effect: Reinventing Legal Education - How Innføring i folkerett, 5. utgave.

32 | Annual Report 2018 PluriCourts - Centre for the Study of the Legitimacy of the International Judiciary | 33 Clinical Education is reforming law Føllesdal, Andreass; Ulfstein, Geir. on The Internationalists”.Global rights”. Business and Human Rights teaching and practice in Europe. “What We Know So Far” in The Constitutionalism. Journal. Cambridge University Press. Performance of International Courts Føllesdal, Andreas. “The European Langford, Malcolm; Behn, Daniel Squatrito, Theresa; Young, Oran R.; and Tribunals. Cambridge University Research Council @ 10: Whither “Managing Backlash: The Evolving Føllesdal, Andreas; Ulfstein, Geir. Press. hopes and fears?” . European Political Investment Treaty Arbitrator?”. “A Framework for Evaluating the Journal articles Science. European Journal of International Law. Performance of International Courts Gallant, Kenneth. “The Enforceability Lingaas, Carola. “Book review: and Tribunals” in The Performance of Baetens, Freya. “No Deal is Better Than a Bad Deal? The Fallacy of the WTO Deficit Concerning Victims’ Constructing Genocide and Mass International Courts and Tribunals. Remedies”. International Criminal Law Violence: Society, Crisis, Identity”. Cambridge University Press. Fall-Back Option as a post-Brexit Safety Net” Common Market Law Review. Genocide Studies and Prevention. St. John, Taylor. “Enriching law with Review. Gáspár-Szilágyi, Szilárd. “It is Not Just Lingaas, Carola. “Book review: Gregory political history: A case study on the About Investor-State Arbitration. A Gordon, Atrocity Speech Law: creation of the ICSID Convention” Behn, Daniel; Berge, Tarald Laudal; Langford, Malcolm. “Poor states Look at Case C 284/16, Achmea BV’”. Foundation, Fragmentation, Fruition” in International Investment Law and European Papers. Human Rights Law Review. History. Edward Elgar Publishing. or poor governance? Explaining outcomes in investment treaty Gáspár-Szilágyi, Szilárd. “Quo Vadis Naurin, Daniel. “Liberal Strømmen, Ester E.J.. “Kjønn og arbitration”. Northwestern Journal of EU investment law and policy? the Intergovernmentalism in the Councils Fremmedkrigere: ‘Jihadbruder’ International Law and Business. shaky path towards the international of the EU: A Baseline Theory?”. og kvinnelig agens i IS” in Berge, Tarald Laudal. “Book Review. promotion of EU rules”. European Journal of Common Market Studies. Fremmedkrigere : forebygging, Foreign Affairs Review. straffeforfølgning og rehabilitering i Jonathan Bonnitcha, Lauge N. Nicholson, Joanna. “The role played by Skandinavia. Gyldendal Akademisk. Skovgaard Poulsen and Michael Gáspár-Szilágyi, Szilárd; Usynin, Maxim. external case law in promoting the Waibel, The Political Economy of the “The Rising Trend of Including legitimacy of international criminal Ulfstein, Geir. “Evolutive Interpretation Investment Treaty Regime” Review of Investment Chapters into PTAs”. court decisions”. Nordic Journal of in the Light of Other International International Organizations. Netherlands Yearbook of International International Law. Instruments: Law and Legitimacy” in Law. The European Convention on Human Berge, Tarald Laudal; Kuyper, Jonathan Pérez León Acevedo, Juan Pablo. Rights and General International Law. William. “Book Review - The Rise of Hermansen, Silje Synnøve Lyder. “(Self-) “The Katanga reparation order at Oxford University Press. Investor-State Arbitration: Politics, selection and expertise among the International Criminal Court: Law, and Unintended Consequences”. decision-makers in the European Developing the emerging reparation Ulfstein, Geir. ”International Courts Global Policy. Parliament”. Journal of Legislative practice of the Court”. Nordic Journal and Tribunals and the Rule of Law in Studies. of Human Rights. Asia” in Global Constitutionalism from Churchill, Robin; Sundet, Jan Henry; European and East Asian Perspectives. Ulfstein, Geir. “Snøkrabben Holmgren, Mikael. “Partisan Politics Pérez León Acevedo, Juan Pablo. Cambridge University Press. som «sedentær art» etter FNs and Institutional Choice in “International Human Rights Law havrettstraktat – et tilsvar». Lov og Public Bureaucracies: Evidence in the Reparation Practice of the Ulfstein, Geir. “The Human Rights Treaty Rett. from Sweden”. Journal of Public Extraordinary Chambers in the Bodies and Legitimacy Challenges” in Fauchald, Ole Kristian. Klimarettssaken Administration Research and Theory. Courts of Cambodia”. The Global Legitimacy and International Courts. Community Yearbook of International Cambridge University Press. og “amerikanisering” av norske Kahn, Jeffrey David. “Book review: domstoler. Lov og Rett. Jordan Gans-Morse, Property Rights Law and Jurisprudence. Ulfstein, Geir. “International Courts and in Post-Soviet Russia: Violence, Pérez León Acevedo, Juan Pablo. Judges: Independence, Interaction, Føllesdal, Andreas. “Introduction: The European Research Council @ 10— Corruption, and the Demand for Law “The Challenging Prosecution of and Legitimacy” in Global Governance. (CUP, 2017)”. The Russian Review. Unlawful Attacks as War Crimes at Edward Elgar Publishing. Reprint. What has it done to us?”. European Political Science. Kirkebø, Tori Loven, Langford, Malcolm. International Criminal Tribunals”. Young, Oran R.; Squatrito, Theresa; «The commitment curve: Global Michigan State International Law Føllesdal, Andreas. “More than meets Review. the eye – and less: Comments regulation of business and human

34 | Annual Report 2018 PluriCourts - Centre for the Study of the Legitimacy of the International Judiciary | 35 Pérez León Acevedo, Juan Pablo. Regulating for Globalization Blog. Lingaas, Carola. The Concept of Race Klassekampen. “Victims’ Status at International and Campbell, Marcelo. Non-Communicable in International Criminal Law. Føllesdal, Andreas; Ulfstein, Geir. Hybrid Criminal Courts: Victims as Diseases: Legal and Policy Voelkerrechtsblog. Københavnerklæringen – opp som en Witnesses, Victim Participants/Civil Implications of Public Health McAllister, Jacqueline. Final Judgments løve. Morgenbladet. Parties and Reparations Claimants”. Measures Restricting Intellectual in The Hague: Reflections on Finnish Yearbook of International Law. Føllesdal, Andreas; Ulfstein, Geir. Om Property Rights. Kluwer Regulating for the Yugoslav Tribunal’s Legacy. vi skrev menneskerettighetene i dag. Pérez León Acevedo, Juan Pablo. Globalization Blog. IntLawGrrls Blog. NRK P2 - Studio 2 [Radio] 2018-03- “Why to Retain Membership of Chavez, Leiry C. The Inter-American Nicholson, Joanna. Fighting and 12 the International Criminal Court? Court of Human Rights has spoken Victimhood in International Criminal Victim-oriented Considerations”. Langford, Malcolm; Ulfstein, Geir. Et about gender identity and non- Law. IntLawGrrls Blog. ulovlig missilangrep. Aftenposten. International Organizations Law discrimination against same-sex Review. Skeie, Victoria. Researchers meet the Letourneau-Tremblay, Laura. Lawful couples. Would States listen?. European Court of Human Rights. Scherz, Antoinette. “Representation PluriCourts Blog casualty or victim of a war crime?. PluriCourts Blog. ScienceNordic.com. in multilateral democracy: How to Føllesdal, Andreas; Swigart, Leigh; represent individuals in the EU while St. John, Taylor. Investment law leads to Nicholson, Joanna. Alternative fakta. Ulfstein, Geir. Oslo Recommendations more investment: A faulty premise? guaranteeing the mutual recognition for Enhancing the Legitimacy of Klassekampen. of peoples”. European Law Journal. Oxford University Press Blog. International Courts: international St. John, Taylor. The History of ISDS. The St. John, Taylor: “Book review: The judges take a stand on current St. John and Yuliya Chernykh. Déjà vu? Arbitration Station. history of ICSID”. Journal of World challenges facing the international Investment Court Proposals from Strømmen, Ester E.J.. Gift med Investment and Trade. justice system. IntLawGrrls Blog. 1960 and Today. EJIL Talk - Blog of the European Journal of International Law. fremmedkrigere. NRK Søndagsrevyen Ulfstein, Geir. “The role of outcasting Føllesdal, Andreas; Ulfstein, Geir. The [TV] 2018-01-21 in the world order”. Global Draft Copenhagen Declaration: Ulfstein, Geir; Føllesdal, Andreas. Tørstad, Vegard. Nå skal regelboka Constitutionalism. Whose Responsibility and Dialogue? Copenhagen – much ado about little? EJIL Talk - Blog of the European skrives. Klassekampen. Ulfstein, Geir; Zimmermann, Andreas. EJIL Talk - Blog of the European Journal of International Law. Ulfstein, Geir. Krabbekonflikten. Krig «Certiorari through the Back Door? Journal of International Law. og fred - en podkast fra NRK Urix The Judgment by the European Court Gáspár-Szilágyi, Szilárd. Brexit. Maybe [Radio] 2018-04-12 of Human Rights in Burmych and not such bad news for intra-EU Selected media Others v. Ukraine in Perspective”. investment awards after Achmea?. Ulfstein, Geir. Syria. Politisk Kvarter - The Law and Practice of International International Economic Law and contributions NRK Radio [Radio] 2018-04-17 Courts and Tribunals. Policy Blog. Berge, Tarald Laudal; Alschner, Gáspár-Szilágyi, Szilárd. The CJEU Wolfgang. Reforming Investment Strikes Again in Achmea. Is this Treaties: Does treaty design matter?. Selected lectures and Selectected blog posts the end of investor-State arbitration Investment Treaty News Quarterly. presentations under intra-EU BITs?’. International kanskje artikkel Baetens, Freya. The Feasibility of Falling Føllesdal, Andreas. Are concepts of Economic Law and Policy Blog. Back: the UK, the EU and the WTO Berge, Tarald Laudal; Langford, legitimacy for international courts – After Brexit.Kluwer Regulating for Kahn, Jeffrey David. Oral Argument in Malcolm. Hvor var Norge? Dagens related, and how? Seminar, Political Globalization Blog. Georgia v. Russia (II): The Fake News næringsliv 2018. Theory Group; 2018-01-26. Era Reaches Strasbourg. Lawfare. Baetens, Freya. Increasing importance of Føllesdal, Andreas. - Dette er en lokal Føllesdal, Andreas. Better signposts the transitory mechanism regulating Langford, Malcolm; Behn, Daniel. Can demonstrasjon som utfordrer hele or better walking sticks? How to EU Member States’ BITs with third Investment Arbitration Fix Itself? EJIL samfunnet. www.fosna-folket.no. improve the “Emerging European countries: good intentions but Talk - Blog of the European Journal of Føllesdal, Andreas; Ulfstein, Geir. ... Consensus” doctrine of the European problematic implementation?. Kluwer International Law. og for øvrig bør EMD nedlegges?. Court of Human Rights – and Why?. PluriCourts Human Rights seminar;

36 | Annual Report 2018 PluriCourts - Centre for the Study of the Legitimacy of the International Judiciary | 37 2018-02-27. Philosophy. World Congress of of Law – in National, European and Gáspár-Szilágyi, Szilárd; Márton, Péter. Føllesdal, Andreas. Comments on Peffer” Philosophy; 2018-08-14. International Law’; 2018-02-17. Creeping Intergovernmentalism in the Panel on Justice as fairness versus Føllesdal, Andreas. Natural law theories Føllesdal, Andreas. The Comparative EU’s Common Commercial Policy: Justice as fair rights. World Congress and international law. European advantage of International Courts for The Curious Case of Investment of Philosophy; 2018-08-14. Consortium for Political Research ‘Global Public Goods’. Workshop on Protection. National Sovereignty General Conference; 2018-08-23. global public goods; 2018-06-20. and Regional Economic Integration Føllesdal, Andreas. Current Conference; 2018-05-03 - 2018-05-04 contributions of the natural law Føllesdal, Andreas. On authorship Føllesdal, Andreas. The Significance tradition to international law. of joint publications – disciplines, of State Consent. Workshop on the Gáspár-Szilágyi, Szilárd; Márton, Péter. PluriCourts Wednesday Seminar; hierarchy and gender. On authorship Variable authority of ICs; 2018-09-27. Foreign Investment Policy in the Post-Lisbon CCP: An Institutionalist 2018-09-12 - 2018-09-12 UiO of joint publications – disciplines, Føllesdal, Andreas. Why defer to a new hierarchy and gender; 2018-12-13. Perspective. European Consortium Føllesdal, Andreas. ERC-application MultiLateral Investment Court? for Political Research, General workshops – experiences. The Guild Føllesdal, Andreas. On PluriCourts’ – Three Themes. On the design of Conference; 2018-08-22 - 2018-08-25 of Research Universities; 2018-10-18. Research plan. JUR9020 PhD Course; a Multilateral Investment Court – Holst, Cathrine; Langvatn, Silje Aambø. Føllesdal, Andreas. Forholdet mellom 2018-05-09. meeting with Member State officials, EU Commission; 2018-05-24. Accountability of experts: What does EMD og nasjonale domstoler. Kurs for Føllesdal, Andreas. On The it mean, why is it challenging - and is dommere; 2018-10-16. Internationalists. Scholars Gáspár-Szilágyi, Szilárd. Building a it what we need?. EUREX workshop: Føllesdal, Andreas. Human rights in Workshop: Challenges to Global Multilateral Investment Court: The Role of Expertise in Policy- ‘other’ international courts – some Constitutionalism; 2018-07-04. Should Domestic Courts be Co- making; 2018-05-22 - 2018-05-23 issues of legitimacy. Workshop on Føllesdal, Andreas. On the Margin of opted as ‘Investment Courts’?. EU’s Trade and Investment Agreements: Kahn, Jeffrey David. Russia and human rights in non-human rights Appreciation doctrine –regional the European Court of Human courts; 2018-04-26 - 2018-04-26 UiO comparisons. ICON Conference; Constitutional and Substantive Issues Conference; 2018-05-04 Rights: Conflicting Conceptions of Føllesdal, Andreas. Improving the 2018-06-25. Sovereignty in Strasbourg and St. European Consensus Doctrine: A Føllesdal, Andreas. On the new Gáspár-Szilágyi, Szilárd. The EU’s Petersburg. Seminar; 2018-01-15 Better Signpost, Not a Better Walking legitimation challenges to Investment Law and Policy, and a Future Multilateral Investment Court. Kahn, Jeffrey David. The Origins of Stick. European Court of Human international courts – and how they Russia’s Membership in the ECHR. Rights meeting; 2018-02- 15. might respond. Brandeis workshop 4th CLEER Summer School on the EU’s External Relations; 2018-06-25 The European Court of Human Rights Føllesdal, Andreas. “Insights of for international judges; 2018-05- 31. in East-West Relations: Norms, Values Populism” Panel on populist Føllesdal, Andreas. Protecting and Gáspár-Szilágyi, Szilárd; Letourneau- and Legal Politics Conference. 18-05- nationalism, current international Promoting Universal, European or Tremblay, Laura. Who are 2018 - 19-05-2018 the Dissenting Arbitrators in institutions, world government, or Western European Human Rights?. Kahn, Jeffrey David. The Irony of British global federalism?. World Congress of The ECHR in East-West Relations: International Investment Treaty Arbitration?. Geography and Legal Human Rights Exceptionalism. Philosophy; 2018-08-19. Norms, Values and Legal Politics; Human Rights Research Group. 24-4- 2018-05-19. Culture on the International Bench Føllesdal, Andreas. International human Workshop; 2018-05-17 - 2018-05-18 2018 rights in Norway: Impact, Pushback Føllesdal, Andreas. Regional Human Kahn, Jeffrey David. After Twenty Years: and Dialogue. National PhD seminar Rights Regimes: Human rights Gáspár-Szilágyi, Szilárd; Letourneau- Tremblay, Laura. Who are Russia and the European Convention in Law (DNDS): Application of other protection or respect for national on Human Rights. St. Antony’s methods than legal dogmatic analyses and regional identities – or both. the Dissenting Arbitrators in International Investment Treaty College, Oxford University. 12-02- in legal scholarship; 2018-09-25. Abschlussveranstaltung Denkzeitraum 2018 2018; 2018-12-13. Arbitration?. Joint North American Føllesdal, Andreas. Majoritarian Conference on International Kahn, Jeffrey David. Russia and Populism Versus Minority Rights Føllesdal, Andreas. Subsidiarity as a Economic Law; 2018-09-21 - 2018- the European Court of Human Protection – How Might International general principle of international law?. 09-22 Rights: Conflicting Conceptions of Courts Respond? Panel on Political Conference on ‘General Principles Sovereignty in Strasbourg and St.

38 | Annual Report 2018 PluriCourts - Centre for the Study of the Legitimacy of the International Judiciary | 39 Petersburg. KU Leuven’s Institute for the Study of International Politics and European Affairs 15-01-2018 The team Naurin, Daniel; Hermansen, Silje Synnøve Lyder. Will Do? Selecting Judges on the Basis of Policy Preferences or Performance Indicators. ECPR General Conference; 2018-08-30 - 2018-09-02 Naurin, Daniel; Larsson, Olof. Appointments of Judges and Judicial Behavior in the Court of Justice of the European Union. Midwest Political Science Association, 76th Annual Conference; 2018-04-04 - 2018-04-08 Naurin, Daniel; Polk, Jonathan; Boräng, Frida. Making Space. A Cross-country Comparison of Parties and Interest Groups Positioning in Multiple Policy Dimensions. Midwest Political Science Association, 76th Annual Conference; 2018-04-04 - 2018-04-08 Nicholson, Joanna. International Criminal Tribunals- A future?. Oslo Peace Days; 2018-12-06. Nicholson, Joanna. Too high, too low or just fair enough? Finding legitimacy through the accused’s right to a fair trial. Ensuring and balancing the rights of defendants and victims at International and Hybrid Courts; 2018-08-30 - 2018-08-31

40 | Annual Report 2018 PluriCourts - Centre for the Study of the Legitimacy of the International Judiciary | 41 PluriCourts annual report 2018 Copyright: PluriCourts, University of Oslo Edited by: Marit Fosse Contributions by: Marit Fosse, Victoria Skeie, and Emma Carrol Layout: Hanna Karv, Victoria Skeie, and Emma Carrol http://www.jus.uio.no/pluricourts