Pluricourts Annual Report 2018 (Pdf)
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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 inspired BIIJ 2018 participants to ex- INTERNATIONAL JUDGES and selection of international judges, the 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