In the late 1980s, some questioned whether the early ICSID annulments jeopardized the future of ICSID. History, however, seemed to assuage those fears. After a few awards were annulled, annulment petitions became less frequent. Some of the occasional annulments in the ensuing two decades -- such as Vivendi -- were even well received. Over the past year, however, several awards have been annulled. Does this signal a new trend? Does this recent experience threaten the viability or desirability of ICSID arbitration? Can or should the ICSID Secretariat take any steps in this regard?
Moderator: EDWARD SWAINE George Washington University Law School
Speakers: DAVID RIVKIN Baker & Hostetler LLP and the Federalist Society
MARY-ROSE PAPANDREA Boston College of Law School and the American Constitution Society
SIMON CHESTERMAN National University of Singapore and New York University School of Law
International law, and the world in which it operates, are increasingly both harmonious and dissonant. The Society’s Annual Meeting in 2011 will focus on the evolution of international law in the context of this paradox.
The paradox of simultaneous segmentation and seamlessness raises important questions. Most broadly, when should international law be segmented, and when should it be seamless? What are the mechanisms for deciding this question, and what are the values that inform those decisions? What do these trends say about international law as a coherent system? To what extent are certain groups and their viewpoints excluded or ignored? What does this say about who the influential players within the international legal system are, and how that influence is exercised? What does the existence of competing conceptions of international law itself mean for ASIL's constituents, including judges deciding international issues, practitioners seeking to persuade courts and craft international policy, and scholars seeking to understand and propose solutions to global problems?
Society members are uniquely positioned to tackle these questions with their diverse perspectives, experiences, and areas of expertise, and their unifying commitment to investigating the limits and possibilities of international law. We look forward to an exciting and dynamic meeting that will examine such trends, and their implications for international law and legal institutions in the 21st century.
Roger P Alford
Roger P. Alford is a Professor of Law at Pepperdine University's School of Law. Prior to joining the faculty in 2000, Professor Alford served as a senior legal advisor with the Claims Resolution Tribunal for Dormant Accounts in Switzerland, the tribunal established by the Volcker Commission to resolve claims to Holocaust-era dormant Swiss bank accounts.
From 1995 to 1999, he was in private practice with Hogan & Hartson, Washington, D.C. He clerked for the Honorable James L. Buckley, U.S. Court of Appeals, District of Columbia (1994-95), and the Honorable Richard C. Allison, Iran-United States Claims Tribunal, in The Hague, Netherlands, (1992-94).
Simon Chesterman is Vice Dean and Professor of Law at the National University of Singapore and the Global Professor and Director of the New York University School of Law Singapore Programme.
Mary-Rose Papandrea is Associate Professor of Law at Boston College. Papandrea joined the BC Law faculty in 2004. Prior to coming to Boston College, Professor Papandrea was a visiting assistant professor at the University of Connecticut and Fordham.
David B. Rivkin Jr.
David B. Rivkin, Jr., is a member of the firm Baker Hostetler, litigation, international and environmental groups. He has in-depth experience with various constitutional issues that are frequently implicated by federal regulatory statutes, including commerce clause-, appointments clause- and due process-related issues, as well as First and Tenth amendment-related matters.
Mr. Rivkin also has practiced in the area of public international law and has extensive experience in international arbitration and policy advocacy on a wide range of international and domestic issues, including treaty implementation, multilateral and unilateral sanctions, corporate law, environmental and energy matters (with an emphasis on policy, regulatory and enforcement issues).
Edward T. Swaine
Edward T. Swaine is Senior Associate Dean for Academic Affairs and Professor of Law at George Washington University School of Law. Swaines is also the Director of the Competition Law Center.
Before joining the GWU faculty in 2006, Professor Swaine was an associate professor of legal studies and business ethics at the Wharton School and had a secondary appointment as an associate professor at the University of Pennsylvania Law School. During a 2005-2006 leave from Penn he served as the Counselor on International Law at the U.S. Department of State.