LCIL International Law Centre Podcast

LCIL, University of Cambridge
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LCIL International Law Centre Podcast

The Lauterpacht Centre for International Law is the scholarly home of International law at the University of Cambridge. The Centre, founded by Sir Elihu Lauterpacht QC in 1983, serves as a forum for the discussion and development of international law and is one of the specialist law centres of the Faculty of Law. The Centre holds weekly lectures on topical issues of international law by leading practitioners and academics. For more information see the LCIL website at http://www.lcil.cam.ac.uk/

  1. 5 DGN GELEDEN

    Potential Legal Limitations on a Russia-Ukraine Peace Agreement: Gregory Fox

    Speaker: Gregory Fox, Wayne State University Date: Friday Lunchtime Lecture - Friday 24 January 2025 Summary: Does international law place any constraints on a possible Ukraine-Russia peace agreement? While we can only speculate about its contents, two aspects appear certain: Ukraine will be asked to relinquish (at a minimum) territory now occupied by Russia, and it will only contemplate entering into an agreement because Russia invaded its territory. Professor Fox will examine the implications of these and other factors for the validity of an agreement. Gregory H. Fox is a Professor of Law at Wayne State University School of Law, where he is the Director of the Program for International Legal Studies. Professor Fox is an elected member of the American Law Institute. He has been a Visiting Professor at the University of Michigan Law School and the Universidad Iberoamericana in Mexico City, a Visiting Fellow at the Lauterpacht Research Centre for International Law at Cambridge University, a Fellow at the Max Planck Institute for Public International Law and Comparative Public Law in Heidelberg, Germany, and a Fellow at the Schell Center for Human Rights at Yale Law School, among other institutions. Professor Fox has written widely on a variety of international law topics, including civil war peace agreements, the powers of the UN Security Council, international occupation law, international control of territory, and international efforts to promote democratic governance. His most recent article, Of Looting, Land and Loss: The New International Law of Takings, was published in Volume 65 of the Harvard International Law Journal. Professor Fox was co-counsel to the State of Eritrea in the Zukar-Hanish arbitration with the Republic of Yemen concerning the status of a group of islands in the southern Red Sea. He has also served as counsel in several human rights cases in US courts. Professor Fox was the recipient of a MacArthur Foundation/Social Science Research Council Fellowship in International Peace and Security. He began his career in the Litigation Department of the firm Hale & Dorr, now WilmerHale. He is a graduate of Bates College and New York University Law School.

    44 min

  2. 02-12-2024

    Friday lecture: 'International Law, Marxist State Theory, and the Many Ends of Decolonization' - Prof Umut Özsu, Carleton University

    Lecture summary: Many political economists, economic historians, and historical sociologists understand the transition from the 1970s to the 1980s as involving a shift from debates about inflation, oil shocks, floating currencies, and the New International Economic Order to neoliberalism's political and ideological breakthrough, first in the industrialized states of the North Atlantic and shortly thereafter in much of the global South. By contrast, among most scholars of international law, the 1980s are remembered chiefly for signalling the effective close of the decolonization era, and with it the struggle to transform and reconstruct international law to meet the demands of 'economic' in addition to 'political' sovereignty. This talk puts these two perspectives into conversation. Drawing mainly from the work of Simon Clarke and Nicos Poulantzas, core figures in the Marxist state-theoretical debates of the 1970s and 1980s, the talk examines changes to prevailing conceptions of economic development and international human rights at the end of the decolonization era in light of broader structural changes in the juridicopolitical architecture of capitalist states. Umut Özsu is Professor of Law and Legal Studies at Carleton University. His research interests lie mainly in public international law, the history and theory of international law, and Marxist critiques of law, rights, and the state. He is the author of Formalizing Displacement: International Law and Population Transfers (OUP, 2015) and Completing Humanity: The International Law of Decolonization, 1960–82 (CUP, 2023). He is also co-editor of the Research Handbook on Law and Marxism (Elgar, 2021) and The Extraterritoriality of Law: History, Theory, Politics (Routledge, 2019), as well as several journal symposia.

    44 min

  3. 18-11-2024

    LCIL-CILJ Annual Lecture 2024: 'In the shadow of trade: a critique of Global Health Law' - Prof Sharifah Sekalala, University of Warwick

    Lecture summary: In this talk Sharifah Sekalala examines this critical moment in the making of Global Health Law, with two treaty making processes: the newly finalised revisions of the International Health Regulations and ongoing negotiations by the Intergovernmental Negotiation Body for a possible pandemic Accord or Instrument, as we well as soft-law proposals for the World Health Organization proposal for a medical countermeasures platform. The lecture will illustrate that despite the laudable objectives of creating a new system of international law that attempts to redress previous inequalities in accessing vaccines and countermeasures, they are unlikely to meet these broader objectives. The lecture will argue that this is because, despite being a public good, Global Health Law has always been underpinned by capitalist and post-colonial rationales which privilege trade. In order to make lasting changes, the current system of Global Health Law must focus on broader questions of ‘reparations’ that will achieve greater equity. Sharifah is a Professor of Global Health Law at the University of Warwick and the Director of the Warwick Global Health Centre. She is an interdisciplinary researcher whose work is at the intersection of international law, public policy and global health. Professor Sekalala is particularly focused on the role of human rights frameworks in addressing global health inequalities. Her research has focused on health crises in Sub-Saharan Africa, international financing institutions and the rise of non-communicable diseases and she has published in leading legal, international relations and public health journals. Prof Sekalala is currently the PI on a Wellcome-Trust-funded project on digital health apps in Sub-Saharan Africa. Professor Sekalala is a Fellow of the Academy of Social Sciences (FaSS) and she has consulted on human rights and health in many developing countries and worked for international organisations such as UNAIDS, the WHO and the International Labour Organisation (ILO). Her research has also been funded by the Wellcome Trust, GCRF, ESRC, Open Society Foundation and international organisations including the International Labour Organisation and the WHO. Sharifah also sits on the Strategic Advisory Network of the ESRC. Sharifah holds a PhD in Law (Warwick, 2012), an LLM in Public International Law (Distinction in research, Nottingham, 2006) and an LLB Honours (Makerere University, Uganda 2004). She was called to the Ugandan Bar in 2005.

    35 min

  4. 11-11-2024

    Friday Lecture: 'Global Re/Ordering Through Norms - A Methodological Stocktake' - Prof Antje Wiener, University of Hamburg

    Lecture summary: The United Nations Charter order (UNCO) and the co-evolved liberal international order (LIO) are contested with a heretofore unknown force. The steep rise in contestations in the realm of public politics rather than the courtroom demonstrates a shift from normal contestation as a source of legitimacy and ordering towards deep contestation as a political challenge of foundational elements of liberal order. Today, not only in the Global South but also across Europe and North America, sceptics of globalization on the political left and nationalist-populists on the political right are challenging the fundamental pillars of the LIO (i.e., democracy, economic openness, and multilateralism). The process is paired by growing contestations of international law that is codified in the UN Charter including contestation of core norms of the UNCO (i.e., non-intervention, human rights, and sovereignty). While the effect of deep contestation is unknowable, we do know however that normal contestation is the essence of everyday politics. The clash of interests, norms, and ideas is entirely normal. Yet, contestation can also be degenerative, moving political outcomes away from desired ends through ad hoc and perhaps inconsistent compromises. As core norms of the LIO and UNCO have become deeply contested, we require a better understanding about the expected effects. Access to contestation as the right to speak and participate in political decisions is a necessary condition for normative legitimacy and mutual recognition of the norms that govern us. Achieving this condition involves struggles about norm(ative) meaning-in-use which take place on distinct sites of global order. This raises a question about time, substance, and norm(ative) change in global order more generally and, more specifically, which elements of international order ought to be retained. The lecture posits that the observed qualitative shift from constitutive everyday contestations towards potentially degenerative political contestation calls for a methodological stocktake of how contestations work with regard to global re/ordering, i.e. whose practices count and whose norms ought to count in that process? Professor Antje Wiener FAcSS, MAE, holds the Chair of Political Science, especially Global Governance at the University of Hamburg where she is a member of the Faculty of Business and Social Sciences as well as the Law Faculty. She is an elected By-Fellow of Hughes Hall University of Cambridge, a Fellow of the UK’s Academy of Social Sciences, and a Member of the Academia Europea. Her research and teaching centres on International Relations theory, especially norms research and contestation theory. Previously she held Chairs in International Studies at Queen’s University Belfast and the University of Bath and taught at the Universities of Stanford, Carleton, Sussex and Hannover. Current research projects include ‘Contested Climate Justice in Sensitive Regions’ at the Cluster of Excellence Climate, Climatic Change and Society (CLICCS) as well as ‘Doing Theory – From Where and What For? A Backpackers’ Guide to Knowledge Production’ at the Centre for Sustainable Society Research (CSS) among others. With James Tully, she is co-founding editor of Global Constitutionalism (CUP, since 2012 ). And she also edits the Norm Research in International Relations Series (Springer). She serves on several Committees of the Academy of Social Sciences . In 2021, she concluded her second three-year term as elected member of the Executive Committee of the German Political Science Association (DVPW). Her book ‘Contestation and Constitution of Norms in Global International Relations’ (CUP 2018) was awarded the International Law Section’s Book Prize in 2020. And her most recent book ‘Contesting the World: Norm Research in Theory and Practice’ co-edited with Phil Orchard was published with CUP in 2024.

    37 min

  5. 04-11-2024

    Friday lunchtime lecture: 'The Rapidly Progressing Proposal for an International Anti-Corruption Court' - Judge Mark L Wolf

    Lecture summary: Grand corruption – the abuse of public office for private gain by a nation's leaders (kleptocrats) - has devastating consequences. As then UN High Commissioner for Human Rights Navi Pillay said, the amount lost to corruption each year is enough to feed the world's hungry 80 times over. Grand corruption contributes to climate change and is a major impediment to ameliorating it. The refugees creating humanitarian and political crises around the world are largely fleeing failed states ruled by kleptocrats. Grand corruption is antithetical to democracy. Indignation at grand corruption has prompted uprisings in many countries and created grave dangers for international peace and security. Grand corruption does not thrive and endure in many countries because of a lack of laws. 186 UN member states are parties to the UN Convention against Corruption (UNCAC). Virtually all of them have the laws required by the UNCAC criminalizing corrupt conduct, and international obligations to enforce them against their corrupt leaders. However, kleptocrats have impunity in the countries they rule because they control the police, the prosecutors, and the courts. Therefore, the proposed International Anti-Corruption Court (IACC) is urgently needed. It will be a court of last resort, to prosecute kleptocrats and their private conspirators, for violating treaty counterparts of the laws of countries that are unwilling or unable to do so themselves. Successful prosecutions, and civil suits, in the IACC will result in the recovery and repatriation of stolen assets. The imprisonment of kleptocrats, who are among the worst abusers of human rights, will create opportunities for the democratic process to replace them with leaders dedicated to serving their citizens rather than enriching themselves. It will also deter others tempted to emulate their example. The effort to establish the IACC is rapidly progressing. It has been publicly endorsed by: more than 350 world leaders, including 55 former Presidents and Prime Ministers; the European Parliament; the Netherlands, Canada, Ecuador, Nigeria, Moldova, and the UK Labour Party before it recently took office. Many other countries have privately expressed support for the IACC or strong interest in seriously considering the treaty being drafted to establish it that will be ready to be reviewed in early 2025. Speaker: Mark L. Wolf is a Senior United States District Judge and Chair of the Integrity Initiatives International (III), which has catalyzed and is coordinating the campaign to create the IACC. Prior to his appointment in 1985, Judge Wolf served as a Special Assistant to the Attorney General of the US after Watergate and as the chief federal corruption prosecutor in Massachusetts. He has taught a course on combatting corruption internationally at the Harvard Kennedy School of Government. He has spoken on the role of a judge in a democracy, human rights issues, and combatting corruption in many countries, including Russia, China, Ukraine, Turkey, the Czech Republic, Slovakia, Slovenia, Romania, Hungary, Egypt, Cyprus, Panama, Colombia, Mexico, Norway, the United Kingdom, France, the Netherlands, and at the Vatican.

    41 min

  6. 21-10-2024

    The Eli Lauterpacht Lecture 2024: 'The Right to Self Determination: Chagos, the Caribbean and the Occupied Palestinian Territory (OPT)' - Judge Patrick Robinson

    Lecture summary: Part 1 of the Lecture focuses on the development of the right to self-determination as a rule of customary international law and its application to the Chagos Archipelago, Africa and the Commonwealth Caribbean. The adoption of Resolution 1514 by the General Assembly of the United Nations on December 14, 1960 was a decisive element in the development of the customary character of the right to self-determination. After that transformational development it was colonial peoples, not colonial powers, who determined their independence and its form e.g. whether based on a republican system or a UK parliamentary system. Thus, after that time the colonial powers were under an obligation to respect the right of colonial peoples to ‘freely determine their political status’, and any breach of that obligation would entail their international responsibility. Part 11 addresses the status of the right to self-determination as a norm of jus cogens, and concludes that on the basis of the relevant evidentiary material, the right to self-determination is a peremptory norm of general international law. Part 111 focuses on the right to self-determination in relation to the Occupied Palestinian Territory. Disappointment is expressed at the lack of clarity in the ICJ’s treatment in its recent Advisory Opinion of the jus cogens character of the right to self-determination in cases of foreign occupation. Speaker: Judge Patrick Robinson 1. In 1964 graduated from the University College of the West Indies -London with a Bachelor of Arts degree in English, Latin and Economics. 2. In 1968, called to the Bar at Middle Temple, in which year also completed the LLB degree from London University. In 1972, completed the LLM degree in International Law at Kings College, London University. 3. Jamaica’s representative to the Sixth (Legal) Committee of the UN General Assembly from 1972 to 1998. Led treaty -making negotiations on behalf of Jamaica in several areas, including extradition, mutual legal assistance and investment promotion and protection. 4. From 1988 to 1995, served as a member of the Inter American Commission on Human Rights, including as the President in 1991. From 1991 to 1996, member of the International Law Commission. From 1995 to 1996, member of the Haiti Truth and Justice Commission. 5. In 1998 elected a Judge of the International Criminal Tribunal for the former Yugoslavia and served as the Tribunal’s President from 2008 to 2011; presided over the trial of Slobodan Milosevic. 6. In 2020 appointed Honorary President of the American Society of International Law (ASIL); in that capacity, in collaboration with ASIL and the University of the West Indies, organized two International Symposia which led to the launch on June 8, 2023 of the historic Report on Reparations for Transatlantic Chattel Slavery (TCS) in the Americas and the Caribbean, which quantified for the first time the reparations due from the practice of TCS in the Caribbean, Central America, South America and North America. 7. Elected a Judge of the International Court of Justice in 2014 and demitted office on February 5, 2024. The Eli Lauterpacht Lecture was established after Sir Eli's death in 2017 to celebrate his life and work. This lecture takes place on a Friday at the Centre at the start of the Michaelmas Term in any academic year. These lectures are kindly supported by Dr and Mrs Ivan Berkowitz who are Principal Benefactors of the Centre.

    56 min

  7. 14-10-2024

    Friday Lecture: 'The Duty to Cooperate and the Role of Independent Expert Bodies: The Case of the High Level Panel of Legal Experts on Media Freedom and the Media Freedom Coalition of States' - Can Yeginsu

    Lecture summary: At a time where questions abound about the state and future of international cooperation and compliance across the international legal system, this lecture will consider the new partnership of countries established in 2019 to promote and protect media freedom globally – the Media Freedom Coalition of States. The Coalition offers a new paradigm that seeks to answer some of the systemic challenges to State cooperation and compliance today, here in the area of freedom of expression, and one that puts independent experts in international law at the very centre of its institutional and operational framework. The lecture will chart the establishment and work of the Coalition, through the perspective of its independent panel of legal experts, the High Level Panel of Legal Experts on Media Freedom, and the Panel’s work advising States and international organisations across a broad panoply of media freedom issues, and answering requests by international courts and tribunals to intervene in cases of public importance engaging Article 19 of the ICCPR and UDHR. It will focus on examples of areas where specific recommendations by legal experts have already been turned into State policy and practice (for instance, with the creation and implementation of an emergency visa for journalists at risk), and areas where the progress towards implementation has been altogether more challenging. Five years on from its establishment, the Media Freedom Coalition finds itself at a crossroads, while its tri-partite structure of States, legal experts, and civil society is already being replicated by States in other areas of international legal cooperation and compliance. Speaker Biography: Can Yeğinsu is a barrister practising from 3 Verulam Buildings in London where he practises in commercial litigation, international commercial and investment arbitration, public law and human rights, and public international law. Prof Yeğinsu is also a long-standing member of the Law Faculties of Georgetown Law, Columbia Law, and Koç University Law School where he teaches courses on public international law, including courses on international dispute settlement, international human rights, and international investment law. He is a Senior Fellow at Columbia Law School’s Human Rights Institute, and serves on the Executive Council of the American Society of International Law. In 2022, Prof Yeğinsu was appointed by the Lord Neuberger of Abbotsbury, with Catherine Amirfar, to succeed Amal Clooney as the Deputy Chair of the High Level Panel of Legal Experts on Media Freedom, having served as a member of the Panel since its established in 2019.

    49 min

  8. 12-07-2024

    Book launch: The Art and Craft of International Environmental Law (Second Edition)

    Professor Daniel Bodansky’s seminal and widely acclaimed book The Art and Craft of International Environmental Law was first published in 2010. In contrast to other general works on international environmental law, the book focused on the processes of developing, implementing, and enforcing international environmental law rather than on legal doctrine. In order to comprehensively analyse these processes, the book is highly interdisciplinary, relying not only on the legal toolkit but integrating perspectives and lenses of political science and economics, as well as philosophy, sociology, and anthropology. This year, Oxford University Press published the second edition of The Art and Craft of International Environmental Law, co-authored by Prof Daniel Bodansky and LCIL Centre Fellow, Prof Harro van Asselt. Aside from the co-authorship, this second edition differs in several important aspects from the previous edition, in order to adequately reflect the important developments that international environmental law has witnessed during the last decade. At this event, Professors Bodansky and van Asselt will provide an overview of the approach to international environmental law taken in this second edition, highlighting the ways in which it differs from the first. This presentation is intended to subsequently lead to a discussion on developments specifically in the international climate change regime, including prospects for the Paris Agreement and the recent request for an advisory opinion from the International Court of Justice on climate change.

    44 min
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The Lauterpacht Centre for International Law is the scholarly home of International law at the University of Cambridge. The Centre, founded by Sir Elihu Lauterpacht QC in 1983, serves as a forum for the discussion and development of international law and is one of the specialist law centres of the Faculty of Law. The Centre holds weekly lectures on topical issues of international law by leading practitioners and academics. For more information see the LCIL website at http://www.lcil.cam.ac.uk/

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    LCIL, University of Cambridge
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