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ACIL Newsletter 2018/4: September
ACIL Newsletter 2018/4: September
Featured research
Transnational Private-Public Arbitration as Global Regulatory Governance
The project analyzes the rising phenomenon of transnational arbitrations between private economic actors and public law bodies (private-public arbitrations) as a mechanism of global regulatory governance.
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Looking back: Events at ACIL over the summer
Specially-Affected States & International Organizations
The International Law Commission adopted the Draft Conclusions on Identification of Customary International Law on first reading in 2016. These Draft Conclusions are an important resource in a classic and thorny area of international law. This workshop explored the positions of these two actors in forming and identifying customary international law.
Contingency Conference
Between the 14-16 June 2018 at the University of Amsterdam, ACIL organised a conference that asked a question that is deceptive in its simplicity: How might international law have been otherwise? Full details of the conference, speakers and sessions, as well as videos of the keynote by Fleur Johns, the closing address by Samuel Moyn, the welcome by André Nollkaemper and the introduction by Ingo Venzke, can be found here.
Will Myanmar be Prosecuted for Genocide?
A UN fact finding mission to Myanmar recently recommended the investigation and prosecution of Myanmar's military leaders for genocide. On the 11 September, at the UvA, we held a panel discussion seeking to understand the likely outcomes of this recommendation.
Welcomes
ACIL welcomes a number of new staff members, visiting researchers and new PhD candidates this autumn.

Ashley Deeks, E. James Kelly, Jr.-Class of 1965 Research Professor at the University of Virginia Law School has joined ACIL as a visiting researcher. During her stay, she will be researching the future role of artificial intelligence tools in international law creation and enforcement.

In July, Nataša Nedeski joined the ACIL as Assistant Professor of Public International Law. Nataša previously defended her PhD thesis on shared obligations in international law at the ACIL and has experience teaching at the University of Amsterdam and Utrecht University.

In September, ACIL welcomed Joëlle Trampert, Sean Shun Ming Yau, Jindan-Karena (“Nina”) Mann, Lara Talsma and Roman Teshome as PhD candidates. Joëlle, Sean and Nina are working as part of the research project “The Outer Limits of Secondary Liability for International Crimes and Serious Human Rights Violations” directed by Goran Sluiter, and funded by the Netherlands Organisation for Scientific Research (NWO), by means of a VICI-grant. Lara is the Clinical Lecturer / Coordinator of the Amsterdam Law Clinic and a PhD Candidate at ACIL and ACELG, working on a research project in Business and Human Rights, Roman's research focusses on development-induced displacement. Emma Rengers began as a junior researcher, focussing on the right to revolution under international human rights law.

Also in September, ACIL welcomed three visiting researchers: Katelyn Cioffi, who is a Fulbright scholar working on the jurisprudence and institutional development of international courts and tribunals, with a particular focus on the interests of non-state actors and moments of historical transition, Maxim Usynin, who is investigating how international investment law (IIL) responds to different types of investor behavior,  and Mohammad Hadi Zakerhossein, who is researching into the Command Responsibility at the International Criminal Court: From Theory to Practice.

New external PhD candidates have also joined ACIL. Amr Arafa Hassan, James Lin, Claire Smith, Daley Birkett and Pinar Palabiyik. Their research interests cover several aspects of international criminal law and foreign direct investment.

In October, ACIL will also welcome Vid Prislan as a new postdoctorial researcher at the center.
OF NOTE
Yvonne Donders has been appointed as Member of the International Law Association (ILA) Committee on Participation in Global Cultural Heritage Governance, which aims, amongst other areas, at exploring and substantiating the specific forms of participation in relation to cultural heritage governance within existing international law instruments.

Ingo Venzke has been appointed Professor of International Law and Social Justice as of 1 July 2018. Ingo, who is also Director of the Amsterdam Center for International Law, will focus his research and teaching on the connection between International Law and social inequality (both between and within states). Ingo has also been appointed to the Advisory Board of the WZB (Berlin). The Berlin Social Science Centre (WZB) 'conducts basic research with a focus on problems of modern societies in a globalized world.’ It draws together 150 scientists from various disciplines, mainly from sociology, political science, economics, and law. The Advisory Board meets twice per year and advises the Board of Trustees on research policy. Tenure is for four years.

Denis Abels has been appointed Professor of Criminal Law and Criminal Procedure, with a special focus on penal law. His research will address the establishment of standards by a multitude of international supervisory and law-making institutions and the needs and possibilities for achieving more synergy between them. In addition, he will examine developments as to the bindingness of international penal norms and how these developments relate to the effectiveness of international and European penal cooperation. 

Stephan Schill has assumed the role of General Editor ICCA Publications as of September 2018. The ICCA is a worldwide nongovernmental organization devoted to promoting the use and improving the processes of arbitration, conciliation and other forms of resolving international commercial disputes.
Events
Calendar
Sept
17
Recent (legal) developments in the sphere of migrant rescue, interception and disembarkation in the Mediterranean
At this ACIL Luncheon, Maarten den Heijer will give a presentation on what some refer to as the “disembarkation crisis".
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Sept
19
ACIL-ICL Lecture: Sir Geoffrey Nice
Sir Geoffrey Nice QC, British barrister, will give a guest lecture, followed by Q&As as part of the course “Law Lab in International Criminal Law
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Sept
26-27
ACIL LACMO Launch Conference: ‘Rise and Fall of ISIS'
The conference will mark the launch of a new international research network under the acronym LACMO which brings together 16 different institutions in Europe and North America which are engaged in research on international law and its application to armed conflict, contemporary military operations and related issues.
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Sept
26
ACIL-ICL Lecture: Stephen Rapp
Ambassador Stephen Rapp, Global Prevention Fellow at the Simon-Skjodt Center for the Prevention of Genocide and former United States Ambassador-at-Large for War Crimes Issues will give a guest lecture as part of the course “Law Lab in International Criminal Law”
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Oct
1
ACIL Luncheon: Aiding and abetting and causality
During this ACIL Luncheon, Goran Sluiter will discuss a paper under development on aiding and abetting and causility
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Oct
1
ACIL Lecture: Modular History and International Legal Reproduction
On 1 October at 15:30 the ACIL organizes a lecture with Dr Rose Sydney Parfitt (University of Kent), where she will introduce some of the core arguments made in her forthcoming book, The Process of International Legal Reproduction: Inequality, Historiography, Resistance.
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Oct
3
ACIL-ICL Lecture: Herman von Hebel
Mr. Herman von Hebel, Former Registrar at the International Criminal Court (ICC), will give a guest lecture, followed by Q&As as part of the course “Law Lab in International Criminal Law”
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Oct
9
Film screening: Militia Man
ACIL will host a screening of the film 'Militia Man' on the Katanga case at the ICC, including a Q&A with the director Lisa Clifford and a member of the defense team.
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Oct
10
PhD Defense: Johannes Hendrik Fahner
On the 10th October, Jeanrique Fahner will defend his PhD: Intensity of Review in International Courts And Tribunals: A Comparative Analysis of Deference at the Aula
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Oct
22
L&J lecture: Prof. Rainer Forst (Goethe-Universität Frankfurt am Main)
Rainer Forst is Professor of Political Theory and Philosophy at Goethe-University, Co-director of the Cluster of Excellence on the "Formation of Normative Orders", Permanent Fellow at the Institute for Advanced Study in Bad Homburg and Director of the Leibniz Research Group “Transnational Justice”.
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Research output
Latest SSRN Papers
Bartels, R.
A Fine Line between Protection and Humanisation: The Interplay between the Scope of Application of International Humanitarian Law and Jurisdiction Over Alleged War Crimes Under International Criminal Law
Amsterdam Law School Research Paper No. 2018-17; Amsterdam Center for International Law No. 2018-03.

Bartels, R.
The Interplay between International Human Rights Law and International Humanitarian Law During International Criminal Trials
Amsterdam Law School Research Paper No. 2018-19; Amsterdam Center for International Law No. 2018-05.

Bartels, R.
When Do Terrorist Organisations Qualify as 'Parties to an Armed Conflict' Under International Humanitarian Law?
Amsterdam Law School Research Paper No. 2018-20; Amsterdam Center for International Law No. 2018-06.

Bartels, R.
The Relationship between International Humanitarian Law and the Notion of State Sovereignty
Amsterdam Law School Research Paper No. 2018-18; Amsterdam Center for International Law No. 2018-04.

Donders, Y.
UNESCO’s Communications Procedure on Human Rights
Amsterdam Law School Research Paper No. 2018-23; Amsterdam Center for International Law No. 2018-08

Venzke, I.

The Practice of Interpretation in International Law: Strategies of Critique
Amsterdam Law School Research Paper No. 2018-22; Amsterdam Center for International Law No. 2018-07
Articles, Book chapters & papers
Abels, D.
Detained Abroad - Assisting Dutch Nationals in Foreign Detention. Sancties : Tijdschrift over Straffen en Maatregelen, (27), 169-173.

Abels, D., Benschop, W. J., Blom, T., Coster van Voorhout, J. E. B., Korf, D. J., & Vriend, K. C. J. (2018).
Evaluatie Wet OM-afdoening. Amsterdam: Rozenberg Publishers (267 pp)

Abels, D.
OM-afdoening en verschillende situaties van niet-ontvankelijkheid. Delikt en Delinkwent, 48(3), 231-242.

Abels, D.
Vrijheidsstraf: Rubriek Behandelen en straffen. Delikt en Delinkwent, 2018(38), 495-498.

Brölmann, C.
Sustainable Development Goal 6 as a Game Changer for International Water Law’, ESIL Reflection Vol. 7, Issue 5, 2018

Donder, Y.
UNESCO and Human Rights”, Gerd Oberleitner (ed.) International Human Rights. Institutions, Tribunals and Courts (International Human Rights Series, Springer, June 2018)

Heri, C.
Consultant Editor, with Eds. Daniel Moeckli and Helen Keller, The Human Rights Covenants at 50: Their Past, Present, and Future, OUP 2018.

Schill, S.W., & Djanic, V.

Schill, S.W., & Djanic, V.
International Investment Law and Community Interests, in: E. Benvenisti and G. Nolte (eds), Community Interests Across International Law (Oxford University Press, 2018) 221-248.

Venzke, I.
Book Review: Oisin Suttle. Distributive Justice and World Trade Law: A Political Theory of International Trade Regulation, Cambridge, 2018, 19(4) Journal of World Investment and Trade Law 757 –763 (2018).   

Venzke, I.
International Courts’ de facto Authority and its Justification, in International Court Authority 301-402 (Karen Alter, Laurence Helfer and Mikael Rask Madsen eds, Oxford University Press 2018)    

War Reparations Center
War Reparations Center

War Reparations Center
Presentations, Interviews and Blogs
Abels, D.
Lecture on recent developments in criminal (sanctioning) law for a group of approx. 100 Dutch public prosecutors, Haarlem, 9 July 2018

Brölmann, C. and Heller, K.
Co-organizers of workshop Specially-Affected States & International Organizations: Rising Actors in the Formation & Identification of Customary International Law, ACIL-UvA, 5 June 2018.

Brölmann, C.
Panel Chair in Contingency in the Course of International Law: How International Law Could Have Been ACIL Conference, UvA, 14-16 June 2018.

Brölmann, C.
Presentation – “‘Equitable access to […] water for all’ - SDG6 as an alternative normative framework to International Water Law” in Conference Critical Perspectives on Governance by Sustainable Development Goals: Water, Food and Climate UvA CSDS (25-26 June), 26 June 2018. 

Donders, Y.
Protection and Promotion of Cultural Heritage and Human Rights Through International Treaties: Two Worlds of Difference?”, presentation at the workshop Towards inclusive and sustainable protection of traditional cultural expressions, IViR Amsterdam, 8 June 2018

Donders, Y.
Opening Lecture: “Cultural Heritage and Human Rights in International Law: Living Apart Together?”, Summer School on Heritage Destruction, Human Rights and International Law, Leiden University, The Hague, 27 August 2018

Donders, Y.
Cultural Rights”, presentation at the Intergovernmental Working Group on the Effective Implementation of the Durban Declaration and Programme of Action (16th session), Item 9: consideration of the elaboration of a draft United Nations Declaration on the promotion and full respect of human rights of people of African descent, Geneva, 28 August 2018

Heri, C.
'The Emergence of Peasant Rights: Tracing the Social Function of Property to 1948', presentation at the Association of Human Rights Institutes (AHRI), Annual Conference on Renewing Rights in Times of Transition: 70 Years of the Universal Declaration of Human Right,  Edinburgh, 6-8 September

Meguro, M.
Programming for a World and Constituted Expertise: The Case of Climate Change” at IGLP: The Conference 2018, Harvard Law School, Cambridge, 2 June 2018

Nijman, J.E.
'Cities at the United Nations: where global governance and urban governance shape each other', paper presented at the Panel 'Cities at the Frontiers of International Law and Global Governance', at the ILA 2018 Conference 'Developing International Law in Challenging Times', 21 August 2018, Sydney, Australia.

Nijman, J.E.
Co-Chair with Prof. Helmut Aust (FU, Berlin), Inaugural Closed Working Session of the ILA Study Group on 'The Role of Cities in International Law', ILA 2018 Conference 'Developing International Law in Challenging Times', August 19-24, 2018, Sydney, Australia.

Schill, S.
The Use of Commercial Arbitration Rules in Investment Treaty Disputes, Discussant on PhD presentation by Joel Dahlquist, Uppsala University, 4 June 2018

Schill, S.
The (Uncertain) Future of Investment Protection and ISDS in Europe - Rountable Discussion on the Implications of the CJEU's Achmea Judgment, International Law Association Swedish Branch, Stockholm, 5 June 2018

Schill, S.
International Investment Law and Community Interests: Towards a Public Interest-Based Rationale for Protecting Foreign Investors under International Investment Agreements, Stockholm University, 5 June 2018

Schill, S.
The Consequences of the CJEU's Achmea Judgment for Investment Treaty Arbitration, Dutch Arbitration Association - Investment Arbitration Committee, Oxford Style Debate and Roundtable Participation, Amsterdam, 15 June 2018

Schill, S.
Die Zukunft der Investor-Staat-Streitbeilegung nach dem EuGH-Urteil in der Rechtssache Achmea (C-284/16 vom 6. März 2018), International Law Association - German Branch, University of Frankfurt, 22 June 2018

Schill, S.
W(h)ither ISDS? The Impact of Achmea on Pending Arbitrations under Member States' BITs and the Energy Charter Treaty, Amsterdam Center for International Law/International Council for Commercial Arbitration-Joint Colloquium, Introduction and Moderation, Amsterdam, 26 June 2018

Schill, S.
Protection of Foreign Investments in Europe - Perspectives and Solutions, Panel Participation, International Investment Law Centre Cologne, Cologne, 5 July 2018

Schill, S.
General and Theoretical Aspects of Investment Law, Session Chair, Society of International Economic Law Biennial Conference, Washington, DC, 12 July 2018
The ACIL Newsletter is sent every two months and provides readers with updates on the work of the Center and upcoming events at the Center.
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