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|
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
|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
Promoting the rule of law within the United Nations
The rule of law and the United Nations Security Council
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
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
Study Group: The Role of Soft Law Instruments in International Investment Law (closed meeting)
|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
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
Regionalism in international trade law from the EU perspective
Regional dispute settlement and the WTO : A troubled relationship ?
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
Investing in sustainable energy under the Energy Charter Treaty
|18:30||Visit to Cape Sounion|
Human security and human rights: Conflicting or complementary discourses for international law?
The responsibility to protect in a reformed UN Security Council: A self-fulfilling prophecy?
|Friday, 30 August 2013|
|9:30-all day10:00-11:30||RegistrationParallel Panels -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
Domestic courts as dispute settlers
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
The rule of law in investment arbitration
The corruption defence in investment treaty arbitration
The architecture of investment arbitration: New developments and challenges
Privatization, a challenging process
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
Legal Aspects of Achieving the Aichi Targets on Sustainable Use of Biodiversity
|12:00-13:30||Parallel Panels -IV-Governance IV
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
The normative role of non-state actors in the formation of custom
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
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
Conflict of laws and cultural heritage
|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|
The EU Timber Regulation and its WTO consistency
Jus Humanitatis and the Shared Management of Energy Resources Challenges and responsibilities in the era of the “Anthropocene”
Interesting in Appeals.
|Saturday, 31 August 2013|
|09:00-10:30||Parallel Panels – AGORAEAgora I
Chair: Aristoteles Constantinides, University of Cyprus
Chair: Anastasios Gourgourinis, National & Kapodistrian University of Athens
Chair: Ilias Plakokefalos, University of Amsterdam
|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
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
Legal aspects of a debt-restructuring mechanism