EFIL Research Programme Annual Report 2017 Discover the world at Leiden University Welcome Dear all, I am proud to introduce the 2017 Exploring the Frontiers of International Law Research Programme Report. 2017 marked the second year of the Programme after it was split from the Securing the Rule of Law in a World of Multi-Level Ju- risdiction Research Programme. The EFIL Programme has continued to produce high-quality, field-leading research across both the Grotius Centre for International Legal Studies and the International Institute for Air and Space Law. The diversity of research undertaken across the Centre and the Institute demonstrates the ways in which our researchers are ex- ploring how international law applies to new social phenomena and global challenges. But exploring the frontiers of international law requires more than just quality research. It requires that the research be disseminat- ed and shared. Our researchers remain actively involved in the broader community, having published many blog posts and presented at—and hosted—numerous conferences. The Grotius Centre for International Legal Studies now presents three MOOCs, with anoth- er on International Humanitarian Law on the way. Congratulations to all researchers for their achievements in 2017, and we hope this report gives you a taste of the diversity and richness of the research and activities with which we are involved. Professor Carsten Stahn Coordinator, Exploring the Frontiers of International Law Research Programme Cover photo: UN Security Council Chamber by JD Lasica. Used under the Creative Commons Licence 2.0. Contents Highlights from 2017 6 Conferences and Events 10 Prize Showcase 12 Summer Schools and Training Courses 14 Massive Open Online Courses 15 Book Showcase 16 Grotius Centre Working Paper Series 27 PhD Defences 28 The Hague Space Resources Working Group 30 The Kalshoven Gieskes Forum on International Humanitarian Law 31 Publications 32 In 2017, the EFIL Programme produced 33 Journal Articles 43 Book Chapters 8 Book Editorships 6 PhD Theses 4 Books Statistics 2015 2016 2017 Journal Articles 28 28 33 Book Chapters 16 71 43 Editorships 3 2 8 PhD Theses 3 5 6 Books 1 3 4 All 66 153 123 2017 Classifications Scientific - 76 Other - 30 Professional - 16 Popular - 1 Highlights From 2017 The EFIL Programme had an exciting 2017. The researchers in the Grotius Centre and the In- ternational Institute of Air and Space Law continue to excel. Our students, too, demonstrated their research and advocacy skills in several international competitions. Inaugural Lecture of Professor Helen Professor Larissa van den Herik Secretary General of ICAO visits In- Duffy Records New Lecture for the United ternational Institute of Air and Space In 2015, Professor Helen Duffy was appointed Nations Audiovisual Library of Inter- Law the Gieskes Chair of Human Rights and In- national Law On 5 September 2017, IIASL alumna (class ternational Humanitarian Law. Her inaugural Professor, and Vice-Dean of Research, Larissa of 2001) and current Secretary General of lecture, delivered on 13 March 2017, was on van den Herik has recorded a lecture for the ICAO H.E. Dr. Fang Liu visited the IIASL, the topic of ‘Strategic Human Rights Litiga- United Nations Audiovisual Library of In- and delivered a lecture and Q&A to students tion: Bursting the Bubble on the Champagne ternational Law on Commissions of Inquiry. and alumni of the LL.M. in Advanced Studies Moment’. In the lecture, Professor Duffy called This will be Larissa’s second entry in the in Air and Space Law. At the end of this upon the audience to think about litigation Library, a collection of lectures by reknowned lecture, three alumni and a current student of success not in terms of the outcome of the case, and field-leading scholars in international law. the IIASL – Benjamyn Scott (class of 2014), but rather in a broader sense which looks at the Larissa’s first lecture, on International Crimi- Andrea Trimarchi (class of 2016), Rishiraj Ba- process of that litigation and the changes that nal Law and Domestic Courts, is available for ruah (class of 2016), and Anne-Marie Schuite have been effected through it. Her latest book, viewing here. (expected class of 2018) respectively – pre- The War on Terror and the Framework of Inter- sented H.E. Dr. Fang Liu with Prof. Mendes national Law, is available from CUP. de Leon’s ‘An Introduction to Air Law’ to 6 which they each contributed (picture on the Sophie Starrenburg, won the Max Huber Open Access Publications right). This landmark event was preceded by Award for Best Overall Score (comprised Carsten Stahn, Jennifer Easterday, and Jens H.E. Dr. Fang Liu’s reception by H.M. King of the scores awarded for the memorial and Iverson’s volume, Jus Post Bellum: Mapping Willem Alexander of the Netherlands (picture the oral argumentation of both Applicant the Normative Foundations (Oxford Univer- on the left), and was followed by a reception and Respondent); the Award for the Best sity Press, 2014) has become open access and where H.E. Dr. Fang Liu had the opportunity Oral Argumentation for the Applicant; and is available through Oxford University Press’s to meet the future pioneers of the aviation Conor Keegan won the Best Oralist Award website. In addition, the second volume in the industry. in the Telders Moot Court Competition; series published in 2017 (Environmental Pro- > Lamyae Ramdani; Qiaozi Guanglin; Eve- tection and Transitions from Conflict to Peace) IIASL International Advisory Board anne Travers; and Raihana Haidary, coached has also been made available open-access. welcomes ICJ Judge Peter Tomka as its by Assistant Professor Sergey Vasiliev and These two volumes provide a valuable contri- new Chairman Sophie Schiettekatte, competed in the Philip bution for both scholarship and practice. A The International Institute of Air and Space C Jessup International Law Moot; third volume is forthcoming. Law welcomed H.E. Judge Peter Tomka as the > Kaetlin Gale; André Nwadikwa; and Toby new chairman of its International Advisory Varian, coached by Catherine Harwood, Board. During the Board meeting on 15 participated in the Frits November 2017, H.E. Judge Tomka officially Kalshoven International succeeded Professor Laurens Jan Brinkhorst Humanitarian Law and as chairman of the board. Judge Tomka has progressed to the final been a Board member since 2009. His very round; prestigious position at the International Court > The Grotius Centre in con- of Justice since 2003, including a term as junction with The Hague President from 2012-2015, as well as his deep Municipality hosted the knowledge of international law and space law, National Moot Court and his dedication and loyalty to the board are Competition, giving high much appreciated. school students from The Hague district the chance Mooting Competitions learn about international The Grotius Centre for International Legal criminal law and have a go Studies continued to be involved with numer- at advocacy in the inter- ous mooting competitions over 2017, giving national city of peace and students from the Centre’s programmes the justice. The Grotius Centre opportunity to enhance their learning experi- and The Hague Municipal- ences through practical advocacy exercises: ity will join forces again in > Hugh McGowan; Lena Ellen Becker; Ste- 2018 to host the Interna- phen (Fen) Greatley-Hirsch; Mariana Leite; tional Moot Court Com- and Lilla Ozoráková, coached by Assistant petition, for international Professor Jens Iverson and Sara Pedroso, high school students. won the 2017 International Criminal Court Moot Court Competition; > Conor Keegan; Nikolas Sabjan; Rehab Jaffer; and Peter Sprietsma, coached by As- sistant Professor Simone van den Driest and 7 Visiting Researchers at the Grotius Institute is a group of reknowned international Eric de Brabandere Awarded Grant Centre lawyers dedicated to encouraging respect for, from Swedish Research Council In 2017, the Grotius Centre for International and the development of, international law. Professor Eric de Brabandere, Professor Ulf Legal Studies hosted three visiting researchers: In addition, Nico was recently sworn in by Linderfalk (Lund University), and Dr Anna Valérie Suhr, Kushtrim Istrefi, and Rosemary his Majesty the King of the Netherlands Wil- Anna Nilsson (Lund University) have been Grey. Valérie researches gender studies in lem-Alexander into the Raad van State. The awarded a €657,256 from the Swedish Re- international criminal law; Kushtrim worked Raad van State is a high-level advisory organ search Council to conduct a research project on his forthcoming book European Judicial of the Dutch government, advising the King on Discretion in International Law. This is Responses to Security Council Resolutions: A on bills to be presented by the Parliament a significant research project. It aims at in- Consequentialist Assessment; and Rosemary and treaties. It also functions as the highest quiring into the legal criteria that constrain conducted interviews with ICC officials, Administrative Appeals Court in the Nether- the exercise of discretion within and across a monitored trials, and connected with other lands. Nico’s appointment is for life, and he will number of distinct areas of international law. scholars in the field of the prosecution of sex- maintain a position at the Grotius Centre in a The objective of this inquiry is to gain a fuller ual and gender-based crimes in international reduced capacity. understanding of the concept of discretion and criminal law. Luigi Prosperi also joined the its various applications in international law. Kalshoven-Gieskes Forum on International Humanitarian Law as a Senior Guest Lecturer. Assistant Professor Tanja Mas- The book launch of Environmental Protection and Transitions from Conflict to Peace son-Zwaan is Interviewed about Space Mining on BBC Radio In an interview on BBC Radio on 14 April 2017, Assistant Professor Tanja Masson-Zwaan discusses the glistening horizon of “space min- ing”, i.e. the mining of asteroids, the Moon, and other celestial bodies for different re- sources.