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Archive for August, 2013

The 2013 International Law Association Regional Conference will take place from Thursday, August 29 to Saturday, August 31 at the European Public Law Organization (EPLO) premises of Cape Sounion, Attica, Greece.

The theme of the 2013 regional conference is: Imperium Juris: Governance, Trade, Resources

It aims to bring together members of the academic and professional community in order to discuss current challenges facing the rule of law on an international level, with a focus on issues of governance, trade and resources.

Imperium Juris: Governance,Trade, Resources

On 24 September 2012 Heads of State and Government attended the High-Level meeting of the UN General Assembly on The Rule of Law at the National and International Levels reaffirmed in a solemn Declaration their “commitment to the rule of law”, encompassing States and international organizations on the international level and all persons, institutions and entities, public and private, on the national level, and agreed that any “collective response to the challenges and opportunities arising from the many complex political, social and economic transformations … must be guided by …, as it is the foundation of friendly and equitable relations between States and the basis on which just and fair societies are built.”

This Regional Conference, aptly taking place at the crossroads between the developed and the emerging world in times of global crisis, aims to concentrate on some manifestations of the rule of law, with particular reference to Governance, Trade and Resources. These areas are at the heart of current developments on the global scene, within a framework of international regulations, multiple actors, changing patterns of authority between and within States, emerging global needs leading to a renewed attention to human rights, energy and development.

In this context, this Regional Conference will explore cutting-edge issues within each field but also questions arising from the interplay between them. Panels under the general theme of Governance will provide both the background discussion on the architecture of international law and the prospects of further development in certain areas, such as the role assigned to actors on the international scene and the shifting structures of mechanisms on the protection of human rights, financial sovereignty and dispute settlement. Panels under the general theme of Trade will explore issues related to the workings of the WTO, investment and shipping. How these faces of reality in trade project into a more comprehensive system of trade governance is the natural query arising from their parallel development and invites further reflexion. Panels under the general theme Recourses will discuss new challenges pertaining to the management of shared resources, including energy and cultural resources, and their impact on sustainable development.

Within the context of international law, both private and public, academics and practitioners alike are invited to contribute their experience and expertise on the matter and explore areas of cross-fertilization in these important and continuously evolving fields.

To download the program of the 29th August 2013: International Law Association (ILA) Regional Conference – Cape Sounion, Athens, Greece – Program – 29th August 2013

To download the program of the 30th August 2013: International Law Association (ILA) Regional Conference – Cape Sounion, Athens, Greece – Conference Program, 31st August 2013

To download the program of the 31st August 2013: International Law Association (ILA) Regional Conference – Cape Sounion, Athens, Greece – Conference Program, 31st August 2013

Thursday, 29 August 2013
9:30-all day10:00-11:00 RegistrationOpening Session
11:00-11:30 Coffee break
11:30-13:30 

Governance Plenary (round table)

The Judiciary and the Rule of Law

National and international judges engage in a dialogue discussing the modalities of the judicial function in a globalised environment

Chair: Konstantinos Menoudakos, President Hellenic Council of State

Discussants: Awn Alkhasawneh, former Judge International Court of Justice, former Prime Minister Jordan

Christos Rozakis, President, Administrative Tribunal Council of Europe

The Rt Hon. The Lord Mance, Supreme Court United Kingdom, Chair, ILA Executive Council

13:30-15:00  Lunch break 
15:00-16:30 Parallel Panels -I-Governance I

A multitude of actors

The multiplication of actors on the international plane, including States, international governmental and non-governmental organizations and private entities, poses important questions about the future of international law, international institutions and global governance. At the same time, the traditional international actor, the State, is facing new challenges as new actors enter the international scene. This panel will explore the dynamics of this multitude of actors, as they play out in governance in international law.

Chair: Stelios Perrakis, Director, European Center of Research and Training in Human Rights and Humanitarian Action, Panteion University of Athens, Judge ad hoc, European Court of Human Rights

  • Anne Peters, Director, Max Planck Institute for Comparative Public Law & International Law, Heidelberg

The transparency of global governance and its actors 

Promoting the rule of law within the United Nations

  • Maria Telalian, Head of the Legal Department, Ministry of Foreign Affairs

The rule of law and the United Nations Security Council

The investor as a partial subject in public international law:

An inquiry into the nature and limits of investor rights  ppt

Trade I

Shipping: New problems in an old industry

What are the contemporary legal challenges to the international regulation of the shipping and maritime industry? What is the role, if any, for societal considerations, such as seafarers’ labour rights, or financial and security aspects of shipping activities? In an attempt to answer to these and related questions, this panel will seek to provide some insights on the present and future of economic uses of the seas, maritime trade and other commercial activities.

Chair: Gregory J.  Timagenis, Timagenis Law Firm

Setting a new course for maritime labour law:

The ILO’s Maritime Labour Convention, 2006

The human element at sea ppt

  • Anna Petrig, University of Basel

Private Prevention against piracy pdf

Cross-border insolvencies in the shipping business ppt

Resources I

Managing shared resources

States are exploiting a vast amount of the world’s resources, including hydrocarbons, minerals, fisheries, water or even biodiversity. A common challenge is how to manage the resources shared by two or more States and how to find legal rules to avoid conflict and enhance cooperation in this joint exploitation. This panel will discuss the cooperation mechanisms in joint exploitation of resources, using water and fisheries as examples of such shared resources and the shared responsibility arising from such exploitation.

Chair: Mahulena Hofmann, University of Luxembourg

Joint development zones revisited

Water as a shared resource ppt 

Something fishy about fisheries: The common resource conundrum

Sharing responsibility for depletion of shared resources

Study Group: The Role of Soft Law Instruments in International Investment Law (closed meeting)

 

16:30-17:00 Coffee break 
17:00-18:30 Parallel Panels -II-Governance II

Straining the structures

The panel will address the legal implications and the challenges well-established rules and concepts of international law face when faced with unprecedented situations. Questions such as the repercussions of the Arab Spring and the possible tension between human rights and the democratic process; the protection of populations moving en masse as a result of climate change or seeking relief in the face of disaster, strain the traditional structures of international law. How do these developments affect or reshape international law?

Chair: Rainer Hofmann, University of Frankfurt

Disaster relief in international law

  • Yannis Ktistakis, Democritus University of Thrace, Bogazici University of Istanbul

Shifting populations: Challenges in migrant protection

Remembering the forgotten:

International legal regime on protecting stateless persons. Stocktaking and new tendencies  ppt

Responsibility to protect and minorities  ppt

Trade II (round table)

Regionalism and the WTO

The proliferation of Regional Trade Agreements (RTAs), especially during the past two decades, has given rise to concerns regarding the preservation of the integrity of the multilateral trading system. Scholarly views are divided in this respect: some argue that RTAs in fact constitute “stumbling blocks” to free trade, while others support that the better approach is to envisage regionalism as a “building block” for trade liberalization. This panel addresses this complex issue by offering some perspectives of a debate that is still open.

Chairs:  Andreas R. Ziegler, University of Lausanne

Kim Van der Borght, Vrije Universiteit Brussel, University of Westminister

Regionalism in international trade law from the EU perspective

  • Dencho Georgiev, Burgas Free University, former Ambassador of Bulgaria to the WTO, Vice President of the Bulgarian Association of International Law

Regionalism and the constitutionalisation of the WTO

  • Joanna Gomula, Lauterpacht Centre for International Law, Queen Mary University of London

Regional dispute settlement and the WTO : A troubled relationship ?

  • Magdalena Slok-Wódkowska, University of Warsaw

Most-favoured nation and national treatment in the EU and USA regional trade agreements : Tools for equal or discriminatory treatment?  ppt

Resources II

Investing in resources

Resources are the most profitable market for any serious investment enterprise. However, there may be certain obstacles in such investment projects, which are either legitimate concerns, e.g. the protection of the environment or illegal practices, such as corruption. In addition, of primary significance is the legal framework of the transfer of energy, which is evidenced by the numerous existing energy networks, as well as the resolution of energy investment disputes, in which primary role is ascribed to arbitration. The panel will address issues raised by investing in resources in the 21st century.

Chair: Petros Selekos, Democritus University of Thrace, Secretary-General for Strategic and Private Investments, Ministry of Development and Competitiveness

Energy investment arbitration ppt 

  • Matteo Barra, Energy Charter Secretariat

Investing in sustainable energy under the Energy Charter Treaty

  • Danae Azaria, University College London

Bespoke pipeline agreements and countermeasures

  • Nikos Farantouris, Jean Monnet Chair on EU Law & Policies, University of Piraeus, DEPA SA

The external competence of the European Union in the energy sector – How it affects energy projects in CIS and Eastern Mediterranean? ppt

 

18:30  Visit to Cape Sounion 
Poster Presentation
13:30-1500 Poster I
  • Shireen Daft, PhD Candidate, Macquarie Law School, Sydney Australia

Human security and human rights: Conflicting or complementary discourses for international law? 

  • Antonietta Elia, Post-Doctoral Research Fellow, University of Santiago de Compostela

Addressing global challenges at the United Nations: The role of Special Procedures of the Human Rights Council in securing rule of law and human rights protection in international governance

  • Nadia Banteka, SJD Candidate, University of Pennsylvania

The responsibility to protect in a reformed UN Security Council: A self-fulfilling prophecy?

  • Lorenza Mola, Researcher of International Law, University of Turin

Governance of financial crises: a role for the international protection of economic and social rights?

  • Maria Xiouri, PhD Candidate, Queen Mary London

Towards the acceptance of the equidistance rule in the delimitation of the continental shelf and the EEZ

  • Georgios Nikolaides-Krassas, Attorney-at-Law, Athens

The Odious Debt Doctrine

Friday, 30 August 2013
9:30-all day10:00-11:30 RegistrationParallel Panels -III-

Governance III

Dispute settlement and compliance mechanisms

Settling international disputes and enforcing compliance with international law has always been at the centre of international concern. Today, however, the multiplicity of dispute settlement procedures and the availability of standing and ad hoc judicial fora open up new challenges for the users of international law. Should they choose the flexibility of ad hoc procedures or the stability of judicial institutions? Is alternative dispute resolution, including diplomacy or mediation, the preferable means for resolving some disputes? What is the role of the domestic courts as dispute-settlers?

Chair: Laurence Boisson de Chazournes, University of Geneva, President ESIL

Between flexibility and stability: Ad hoc procedures and/or judicial institutions?

Alternative dispute resolution: Energy diplomacy as a peace-building tool ppt

Domestic courts as dispute settlers

Domestic courts as compliance enforcers

Trade III

Protecting foreign investment

The law of foreign investment protection currently constitutes perhaps the most rapidly growing field of public international law, and international economic law in particular. The proliferation of investor-State disputes has generated a plethora of jurisprudence. International arbitral practice on the protection of foreign investment has shed light to previously contested legal concepts; but, at the same time, it has also provided fertile ground for the rise of new systemic questions, which often appear to challenge mainstream conceptions about the goals and functioning of international “mixed” economic adjudication. This panel is designed to tackle these issues within the corpus iuris of investment protection law.

Chair: Anna Mantakou, Hellenic Institute of International and Foreign Law, ICC Court Member

Protection of foreign investment: A corpus juris?

The rule of law in investment arbitration

The corruption defence in investment treaty arbitration

The architecture of investment arbitration: New developments and challenges 

  • Dimitris Paraskevas, Elias Paraskevas Attorneys 1933, Secretary for Privatization (1993-1999)

Privatization, a challenging process

Resources III

Sustainable development: New challenges?

Has the venerable concept of sustainable development reached the end of its usefulness? As new forms of exploitation and resource management develop, would the binary, balancing approach inherent in sustainable development suffice or should it evolve into sustainability tout court, setting the tone for the 21st century?

Chair: Hennie Strydom, University of Johannesburg

Guidance or governance? International law’s future role in managing climate change ppt 

Sustainable development of resources in international investment agreements ppt

Legal Aspects of Achieving the Aichi Targets on Sustainable Use of Biodiversity

Biological resources and intellectual property ppt

 

11:30-12:00 Coffee break 
12:00-13:30 Parallel Panels -IV-Governance IV

Normative governance

A discussion of governance from the normative aspect, from regulatory conversations, the normative role of non-state actors in custom formation to issues of jurisdiction and substantive law raised in investment arbitration.

Chair: Lilian del Castillo Laborde, University of Buenos Aires

Regulatory conversations: Towards contesting or reinforcing the vision of the rule of law?

  • George Kyriakopoulos, National & Kapodistrian University of Athens

The normative role of non-state actors in the formation of custom

Abstract decision-making in international investment law

Stripping the jurisdiction from established investment arbitral tribunals  ppt

Abuse of rights in modern international investment arbitration: The rule of law revisited?

 

Trade IV

A new transnational public order for trade and commerce?

As the global market expands and its institutions ripen, it has become possible to identify the main structures of an emerging transnational public order, which will ensure predictability and security in a volatile area. This panel will discuss the architecture of what may well become a new world order.

Chair: Jenny Stavridi, Head, Public International Law Section, Legal Department, Ministry of Foreign Affairs

Lex mercatoria: Twenty years after

Three pillars of international public policy in international commerce

The Global Compact: A new public order for businesses?

Resources IV

Protecting the past

Cultural property is not usually addressed in economic terms but there is no doubt that it constitutes a unique and valuable resource. This panel will discuss the parameters of this debate in practical terms, without for a moment neglecting the particular historical and sociological importance of such resources.

Chair: Kurt Siehr, Max Planck Institute for Comparative & International Private Law Hamburg

Cultural heritage as a resource ppt

Restitution of cultural property ppt

The return of the Parthenon Marbles: Legal and political issues

  • Jorge A Sánchez Cordero, Mexican Center of Uniform Law

Conflict of laws and cultural heritage

The UNIDROIT Convention on Stolen and Illegally Exported Cultural Goods: Is Anything Left for Conflict of Laws

 

13:30-15:00  Lunch break 
15:00-16:30 PlenariesTrade (round table)

Global economic governance

New paradigms in the structuring of international economic institutions, burgeoning role of investment protection and investment related arbitration, novel rules and soft law regulations emerging as the dominant form of norms and general principles enforced through dispute-settlement mechanisms, all have the capacity to influence global economic governance. Well-known experts and practitioners in the field of world trade and commercial arbitration debate the future.

Chair: Catherine Kessedjian, Université Paris II Panthéon Assas

Discussants : Gabrielle Marceau, Legal Affairs Division, WTO, Professor, University of Geneva, President Society of International Economic Law (SIEL)

Mark Beckett, Chadbourne & Parke LLP, Harvard Law  School

Resources (round table)

Between sovereignty and management: A shift of paradigm?

The quest for resources and their exploitation were at all times at the centre of human history. But is the idea of permanent sovereignty over natural resources still valid in an era, when a human right of access to energy emerges? Or has it been replaced by different approaches to the management of resources, setting aside thorny questions of ownership? Those involved with green economy issues address the trends of the 21st century.

Chair: Torsten Stein, University of Saarland, Treasurer, ILA

Discussants : Marcel Brus, University of Groningen, Director of Studies, ILA

Peter Prows, Briscoe Ivester & Bazel LLP

Angelos Syrigos, Panteion University of Athens, Secretary-General of Population & Social Cohesion, Ministry of Interior

 

16:30-22:30  Visit to Acropolis Museum-Guided tour-Gala Dinner 
Poster Presentation
 13:30-15:00 Poster II
  • Andreia Costa Vieira, PhD Candidate, University of São Paulo

International Law, governance and trade of water

  • Dylan Geraets & Bregt Natens, PhD Candidates, Leuven University

The EU Timber Regulation and its WTO consistency

  • M.M.E. (Marlies) Hesselman, PhD Candidate University of Groningen

Jus Humanitatis and the Shared Management of Energy Resources Challenges and responsibilities in the era of the “Anthropocene”

  • Natalia Yeti Puspita, Lecturer, Atma Jaya Catholic University

Human rights protection in times of natural disasters in the framework of ASEAN regulations 

  • Georgios Fasfalis, Energy Charter Secretariat, University of Amsterdam

Interesting in Appeals.

 

Saturday, 31 August 2013
09:00-10:30 Parallel Panels – AGORAEAgora I

Governance

Chair: Aristoteles Constantinides, University of Cyprus

  • Wei Shen, Shanghai Jiao Tong University Law School

The mode of global governance from below: Lex mercatoria as part of the superstructure

International administrative law: Between real law and soft law

The impact of international investment law on governmental conduct: Enabling good governance?

ppt

State responsibility for acts of international organizations: Appraisal of a neglected facet of global governance ppt

 

Agora II

Trade

Chair: Anastasios Gourgourinis, National & Kapodistrian University of Athens

  • Paolo D. Farah, Edge Hill University, United Kingdom & gLAWcal – Global Law Initiatives for Sustainable Development

Towards an International Legal Framework for Energy: the OPEC and the World Trade Organization

Emerging issues affecting trade in energy resources: the case of dual pricing and export taxes and the role of WTO  ppt

Legitimate countermeasures in international trade law and their illegality in international investment law  ppt

  • Wolfgang Alschner, Graduate Institute of International and Development Studies, Geneva

Duplicating the trade law ‘spaghetti bowl’? – Increasing regionalization and overlap of investment treaties  pdf

Recent trends of Common Commercial Policy of the European Union: From global-to-regional (and return?) in the governance of international economic order

Agora III

Resources

Chair: Ilias Plakokefalos, University of Amsterdam

Shared responsibility for water in Central Asia

Transjurisdictional fishery resources and the constitutionalisation effect of compulsory dispute settlement procedures

Biodiversity, marine protected areas and areas beyond national jurisdiction

The cultural heritage of mankind beyond UNESCO: The case of international financial institutions

 

10:30-11:00  Coffee break 
11:00-12:30 RoundTablesUNCLOS Birthday party: 30 years on

In 2012, there was the 30th anniversary of the opening for signature of the United Nations Convention on the Law of the Sea. Now that the ‘birthday party’ is over, it is time to look ahead at the challenges for the next 30 years of the Convention. Issues concerning boundary delimitation, the delineation of outer continental shelf, the management of the Deep Sea Bed Area and the public order of the oceans will be discussed as forming the agenda of the LOSC at 60. Chair: Alexander Yankov, former Judge, International Tribunal for the Law of the Sea, President ILA

  • Haritini Dipla, National & Kapodistrian University of Athens

Eastern Mediterranean: Maritime boundaries in troubled waters ppt

Bilateral maritime delimitation agreements and third States ppt

South China Sea on the rocks ppt

Legal issues on sovereign debt

The repercussions of the 2007-2009 financial crisis include a substantive legacy on issues of sovereign debt. Monetary and financial affairs of states, traditionally viewed as constituting the very core of their domaineréservé, are increasingly directly influenced by a multitude of international or transnational actors. This panel takes note of the most recent developments in the context of sovereign debt and seeks to provide a coherent account of the conceptual and pragmatic distances covered and the road that lies ahead.

Chair: Emilios Avgouleas, University of Edinburgh

Sovereign debt restructurings: The issues at hand

  • Yuefen Li, UNCTAD

Legal aspects of a debt-restructuring mechanism

Sovereign debt and banks’ capital requirements ppt

The EU regulatory framework with regard to credit rating agencies ppt

  • Régis Bismuth, Université de Poitiers

Does freedom of speech protect credit rating agencies? An assessment of recent EU initiatives to regulate unsolicited sovereign credit ratings ppt

 

12:30-13:30  Closing session 
13:30-15:30 Farewell lunch

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Presenter, “Towards an International Legal Framework for Energy: the OPEC and the World Trade Organization”, Paper presented at the International Law Association Annual Conference, ILA Hellenic Regional Conference 2013, “Imperium Iuris: Governance, Trade, Resources”, Cape Sounion, Athens, Greece 29-31 August 2013, 31st August 2013

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“L’energia nel contesto degli accordi dell’OMC: sovvenzioni per le energie rinnovabili e pratiche OPEC di controllo dei prezzi” (with Elena Cima), (The Energy in the Context of the WTO Agreements: Subsidies for the Renewable Energy and the OPEC Practice of Control of the Price), RIVISTA DI DIRITTO DEL COMMERCIO INTERNAZIONALE, 2/2013, ISSN: 1593-2605, pp. 343-381 (in Italian)

To download the full file: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2330360

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