skip to content
 
Read more at: Varieties of Climate Agency with a special focus on Climate Litigation - An International Workshop

Varieties of Climate Agency with a special focus on Climate Litigation - An International Workshop

2 day International Workshop Day 1: 1.00 pm - 4.45 pm, Monday 4 November 2024 Day 2: 10.00 am - 3.30 pm, Tuesday 5 November 2024 Workshop Programme Against the background of existing scholarship on climate law and governance which has been attracting an international interdisciplinary research community (Climate Law and Governance Day @COP28), this research focuses on the global opportunity structure for climate change (Aykut, Wiener et al. 2021; Wiener et al. 2023) in order to identify under which conditions climate agents are enabled or constrained to act: what are regulatory and customary conditions of agency in a global context? The research takes account of and follows up from Professor Wiener’s current research on climate litigation and social drivers of climate change which has been conducted at the Hamburg Excellence Cluster CLICCS (Wiener 2022) and on her well-renowned work on norm contestation in international relations (Wiener 2018). The workshop will also benefit from the research done in the CCE on mapping a climate atlas of legal rules and litigation challenges and research on climate change in EU trade law (Gehring et al, 2023). It will have space for graduate researchers from Law, Land Economy, Political Science and Cambridge Zero. Supported by the DAAD Cambridge Hub This workshop is organised as part of the research project funded by the DAAD between the University of Hamburg and the University of Cambridge and hosted by the Lauterpacht Centre for International Law, 5 Cranmer Road, Cambridge, UK and Hughes Hall in the University of Cambridge. The research has benefited from exchanges with our colleagues in the excellence cluster Climate, Climatic Change, and Society (CLICCS), especially the subproject B2 on Climate governance and the synthesis project, as well as from reviewers of the Hamburg Climate Futures Outlooks. Acknowledgment of funding: Deutsche Forschungsgemeinschaft (DFG), German Government’s Excellence Strategy. EXC 2037: Climate, climatic change, and society (CLICCS), award number 390683824. If you wish to attend in person please email Jellie Molino jmm278@cam.ac.uk to register your attendance.


Read more at: Evening Lecture: 'The Past, Present and Future of the Indus Waters Treaty: A View from Practice' - Cameron Miles, 3VB

Evening Lecture: 'The Past, Present and Future of the Indus Waters Treaty: A View from Practice' - Cameron Miles, 3VB

TIme: 5 pm - 6 pm followed by drinks reception from 6 pm - 6.30 pm In-person event only The Indus Waters Treaty is often hailed as one of the most ambitious and successful riparian agreements of the 20th century. No matter how fractious the relations between its Parties, the Islamic Republic of Pakistan and the Republic of India, the Treaty has ensured that water rights have never become a flashpoint for further conflict as between them. Over time, however, the Treaty has become controversial, as multiple and compounding hydropower disputes between Pakistan and India are coupled with domestic calls for reform on both sides of the Line of Control. In this talk, Cameron Miles – counsel for Pakistan in the ongoing Indus Waters Treaty Arbitration and Neutral Expert Proceedings – offers an introduction to the Treaty and to the proceedings under it, before addressing how his own practice has been shaped by its contours. The talk offers insights not only for international lawyers interested in relations between Pakistan and India, but for those who might want to enter into the practice of such disputes themselves. Cameron Miles specialises in public international law and international commercial and investment treaty arbitration. His practice as a leading junior is split between domestic and international courts and tribunals. In England, he has developed a market-leading practice on state immunity and enforcement matters heard in the Commercial Court, that also takes him to the Court of Appeal and Supreme Court. He also advises on such proceedings in other common law jurisdictions, including Australia and New Zealand. Elsewhere, he has appeared in high-stakes proceedings before the Permanent Court of Arbitration, the International Tribunal for the Law of the Sea, and the International Court of Justice. In the arbitral arena, Cameron has developed considerable expertise in investment treaty arbitration, appearing in 16 separate proceedings, whether during the initial arbitration, in relation to post-award remedies, or in relation to arbitration-related applications in the English courts.


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

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

This lecture is a hybrid event. There is a sandwich lunch at 12.30 pm in the Old Library at the Centre. All lecture attendees welcome. Register here if attending online 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. Mark L. Wolf, the Chair of Integrity Initiatives International, is a Senior United States District Judge and the former Chief Judge of the District of Massachusetts.


Read more at: Friday Lecture: 'The Ocean as a Commons: Using stewardship to reassess high seas fisheries management' - Prof Joanna Mossop, Victoria University of Wellington

Friday Lecture: 'The Ocean as a Commons: Using stewardship to reassess high seas fisheries management' - Prof Joanna Mossop, Victoria University of Wellington

This lecture is a hybrid event although the speaker will attend online. There is a sandwich lunch at 12.30 pm in the Old Library at the Centre. All lecture attendees welcome. Register here if attending online Lecture summary: In this lecture Joanna Mossop will present research she is undertaking with Prof Richard Barnes (University of Lincoln). In the lecture Prof Mossop will argue that the commons nature of the ocean implies certain values including respecting environmental bottom lines, equity and accountability. She will argue that stewardship offers a framework to implement these values, and will evaluate how the performance of Regional Fisheries Management Organisations might be improved using stewardship as a guide. The Friday Lunchtime Lecture series is kindly supported by Cambridge University Press & Assessment .


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

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

This lecture is a hybrid event. There is a sandwich lunch at 12.30 pm in the Old Library at the Centre. All lecture attendees welcome. Register here if attending online 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


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

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

This lecture is a hybrid event although the speaker will present online. There is a sandwich lunch at 12.30 pm in the Old Library at the Centre. All lecture attendees welcome. Register here if attending online 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.


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

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. This lecture is a hybrid event. There is a sandwich lunch at 12.30 pm in the Old Library at the Centre. All lecture attendees welcome.


Read more at: 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

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.


Read more at: Conference on International Dispute Settlement: Adjudicating International Crises

Conference on International Dispute Settlement: Adjudicating International Crises

in partnership with the LUISS Centre of International and Strategic Studies, Amsterdam Centre for International Law The dockets of international courts and tribunals are remarkably busy with cases concerning some of the most politicised and divisive international crises. From traditional disputes about territorial and/or maritime delimitation, immunities or diplomatic law, to allegations of international crimes in Ukraine, Gaza, Darfur, Syria and Myanmar, to the civilisational threat of climate change, the disputes brought to international adjudication differ greatly in nature and scale. While adjudication is actively sought, it is sometimes also fundamentally contested in its very principle, as illustrated by the international tensions arising from the activity of the International Criminal Court. What is noteworthy is the increasing resort to formal judicial processes, rather than less formal or more political options, even in those cases where the political situation makes the implementation of a judicial decision highly unlikely. Underlying this increasing resort is an effort to secure an outcome which gives legal legitimacy to a certain political position. At a time where the rule of law seems challenged in its core, the active resort to international adjudication thus suggests a much more nuanced engagement with international law. The 2nd LCIL Conference on International Dispute Settlement will seek to flesh out these nuances, with particular attention to the practice of international law. Conference attendance is free of charge but subject to prior registration.


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

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 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. This lecture is a hybrid event. There is a sandwich lunch at 12.30 pm in the Old Library at the Centre. All lecture attendees welcome.