Tuesday, 30 April 2019 - 9.00am Location: Lauterpacht Centre for International Law, Finley Library All-day workshop: 09:00 - 17:00 hrs Conveners: Eyal Benvenisti, Harold Hongju Koh, and Tomohiro Mikanagi In 2019 three major treaty withdrawals will reach important watersheds. Sometime in spring, the United Kingdom is scheduled to withdraw from the European Union under the withdrawal notice it gave under Article 50 of the Treaty of Lisbon. On November 4, 2019, the United States (under the administration of Donald Trump) is set to give notice that it will withdraw from the Paris Climate Change Accord one year later. In November 2019 the dispute resolution mechanism of the WTO will terminate effectively unless the US agrees to re-appoint a judge of the Appellate Body. These events may be seen as signaling a decline in leading states’ commitment to multilateralism and a growing preference to bilateralism. The Trump administration has clearly asserted its preference for bilateral deals while dismissing international organisations as taking advantage of US generosity. China also seems to prefer alternative groupings outside existing multilateral organisations. In October 2007, during its ascent to global power, China declared FTAs to be its basic international economic strategy. America’s disengagement from multilateralism did not prompt China to fill the void by reinforcing existing multilateral bodies with global reach. Instead, its Belt and Road Initiative (BRI) and its regional security arrangements are modelled on the “hub and spokes” pattern, an architecture that allows it to tightly control its numerous partners and limit the application of existing standards and mechanisms. Famously, it ignored the UNCLOS arbitral award on the South China Sea in 2016. Perhaps to confront the risk of two superpowers busy dividing and ruling the rest, other countries have sought to preserve the minilateral institutions (eg the CPTPP) and utilise existing multilateral mechanisms (WTO reforms, UNCLOS conciliation and arbitration, OPCW attribution mechanism, etc.). In this workshop we wish to address the uncertain future of multilateralism in light of the prospective withdrawals and resurgence of bilateralism. We wish to discuss motivations, prospects, and implications for domestic and international law. This one day workshop seeks to reflect on the questions. In particular we wish to address the following questions: Panel I: The Domestic and International Legal Issues Surrounding US withdrawal from the Paris Climate Accord and Revising the WTO Since 2017, the Trump Administration has announced its withdrawal from a host of bilateral and multilateral arrangements, including the Paris Climate Agreement; the Joint Comprehensive Plan of Action (JCPOA or Iran Nuclear Deal); the U.N. Educational, Scientific, and Cultural Organization; the Global Compact on Migration; the U.N. Human Rights Council; the Trans-Pacific Partnership (TPP); the 1955 Treaty of Amity, Economic Relations and Consular Relations with Iran; the 1961 Optional Protocol to the Vienna Convention for Diplomatic Relations on Dispute Settlement; the Universal Postal Union Treaty; and the Intermediate Nuclear Forces Treaty. This panel will address the following questions, among others – Is the Trump Administration aberrational, or are we witnessing the culmination of a long-term trend of U.S. withdrawal from multilateralist institutions? To what extent has the Trump Administration applied tactics first adopted by prior administrations: e.g., blocking reappointment of members of the WTO Appellate Body? What constraints do U.S. and international law place upon blanket unilateral presidential withdrawal from all disfavored organizations? Panel II: The Domestic and International Legal Issues Surrounding China’s “Hub and Spoke” Strategy This panel will address the following questions, among others – Is China accepting the existing multilateral legal rules and mechanisms in economic and non-economic areas? Is China deviating from international standards (including with respect to ISDS) in its various legal arrangements under BRI? Is China deviating from UNCLOS in the South China Sea, including through bilateral COC negotiation? Panel III: The Future of Rule-Based Global Governance through International Institutions: Limits and Potential What are the prospects for international institutions to reclaim multilateralism through concerted action, or through insistence on multilaterally binding norms? To what extent can the UN Security Council, the International Court of Justice, or other international organisations and tribunals can contribute to maintaining and developing further globally-binding norms? To what extent can international process enhance the rule-based global governance through the clarification of law and facts? The UK and the Changing Legal Landscape: The Way Forward from Here

LCIL International Law Seminar Series

International LCIL Workshop: The Future of Multilateralism: Panel III - Professor Catherine Barnard

International LCIL Workshop: The Future of Multilateralism: Panel III - Tomohiro Mikanagi

International LCIL Workshop: The Future of Multilateralism: Panel III - Dr Phillipa Webb

International LCIL Workshop: The Future of Multilateralism: Panel III - Dr Zachary Vermeer

International LCIL Workshop: The Future of Multilateralism: Panel II - Dr Ian Park

International LCIL Workshop: The Future of Multilateralism: Panel II - Dr Yu Jie

International LCIL Workshop: The Future of Multilateralism: Panel II - Dr Yuka Kobayashi

International LCIL Workshop: The Future of Multilateralism: Panel I - Edward Swaine & Harold Koh (concluding remarks)

International LCIL Workshop: The Future of Multilateralism: Panel I - Dr Michael Waibel

International LCIL Workshop: The Future of Multilateralism: Panel I - Dr Phillipa Webb

International LCIL Workshop:The Future of Multilateralism - Workshop Introduction

Lecture summary: this lecture analyzes the tensions that arise, both domestically and internationally, when governments use the national security paradigm to regulate international economic relations. Professor Timothy Meyer is an expert in public international law, with specialties in international trade and investment law and international energy governance. He is Professor of Law; FedEx Research Professor; Director, International Legal Studies Program of Vanderbilt University Law School.

LCIL Friday Lecture: 'Foreign Affairs and the National Security Economy' Prof Timothy Meyer

A series of three lectures by Professor Tom Ginsburg, Leo Spitz Professor of International Law, Ludwig and Hilde Wolf Research Scholar, Professor of Political Science, The University of Chicago Law School. All lectures are held at the Lauterpacht Centre at 6 pm on Tuesday 12 March, Wednesday 13 March and Thursday 14 March with a Q&A at 1 pm on Friday 15 March (sandwich lunch from 12.30 pm). Lecture Three: Authoritarian International Law? In the final lecture, I ask what international law will look like if current trends continue. In an era dominated by authoritarian and not democratic regimes, what role will international law play? To be sure, we do not want to blindly project forward from current trends, and it is possible that democratic systems will prove resilient. But the rise of authoritarian China, with its own increasingly resilient legal system, along with a newly assertive Russian regime, suggests that the question of authoritarian international law is worth exploring. This inquiry involves examining the international mechanisms established and utilized by these states. As I shall argue, the role of international law in a world dominated by authoritarian regimes will in some ways resemble its role in the earlier Westphalian era. The Hersch Lauterpacht Memorial Lecture is an annual three-part lecture series given in Cambridge to commemorate the unique contribution to the development of international law of Sir Hersch Lauterpacht. These lectures are given annually by a person of eminence in the field of international law.

Hersch Lauterpacht Memorial Lecture 2019: 'Democracies and International Law: The Trials of Liberalism (Part 3)' - Professor Tom Ginsburg

A series of three lectures by Professor Tom Ginsburg, Leo Spitz Professor of International Law, Ludwig and Hilde Wolf Research Scholar, Professor of Political Science, The University of Chicago Law School. All lectures are held at the Lauterpacht Centre at 6 pm on Tuesday 12 March, Wednesday 13 March and Thursday 14 March with a Q&A at 1 pm on Friday 15 March (sandwich lunch from 12.30 pm). Lecture Two: International Law and Democratic Backsliding We live in an era of democratic erosion, in which the number of democracies has been declining and even long-established democracies are coping with systemic challenges from populism and institutional decay. What, if anything, can international law do about this? This lecture surveys the role of regional institutions in Africa, Latin America and Europe in confronting threats to democracy. The evidence to date is mixed, and we should be modest in our expectations. Nevertheless, I argue that international law can play a more robust role through richer normative frameworks which are emerging. The Hersch Lauterpacht Memorial Lecture is an annual three-part lecture series given in Cambridge to commemorate the unique contribution to the development of international law of Sir Hersch Lauterpacht. These lectures are given annually by a person of eminence in the field of international law.

Hersch Lauterpacht Memorial Lecture 2019: 'Democracies and International Law: The Trials of Liberalism (Part 2)' - Professor Tom Ginsburg

A series of three lectures by Professor Tom Ginsburg, Leo Spitz Professor of International Law, Ludwig and Hilde Wolf Research Scholar, Professor of Political Science, The University of Chicago Law School. All lectures are held at the Lauterpacht Centre at 6 pm on Tuesday 12 March, Wednesday 13 March and Thursday 14 March with a Q&A at 1 pm on Friday 15 March (sandwich lunch from 12.30 pm). Lecture 1: Democracies and International Law In this lecture, I seek to explore whether and how democracies behave differently than non-democracies in their use of international legal instruments. Understanding this relationship requires returning to some of the foundational assumptions of the literature, especially those associated with liberal theory. Scholars in the 1990s argued that international law among liberal states was qualitatively different from that among illiberal states. This is, as I argue, an empirical question, and the first lecture will go about testing whether liberal states are indeed more likely to cooperate using legal mechanisms. I show that international law in our era is largely produced by and utilized by democratic states, but I go on to argue that liberal theory did not provide a complete theoretical account. Instead I draw on the theory of public goods to develop an explanation for international legal institutions. The Hersch Lauterpacht Memorial Lecture is an annual three-part lecture series given in Cambridge to commemorate the unique contribution to the development of international law of Sir Hersch Lauterpacht. These lectures are given annually by a person of eminence in the field of international law.

Hersch Lauterpacht Memorial Lecture 2019: 'Democracies and International Law: The Trials of Liberalism (Part 1)' - Professor Tom Ginsburg

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/

hubhopper

LCIL International Law Seminar Series

hubhopper