CENTER FOR ETHICS AND THE RULE OF LAW​

Foundations of International Law Conference

April 23 -
 24, 2010

Co-sponsored By:

The Conference

The point of this conference is to examine some of the fundamental philosophical concepts on which modern debates in international law are founded. While many conferences in international law have examined such questions, inter alia, our hope in this conference is to gather a group of scholars who are either philosophers or who take a particular interest in philosophical method to return to basics in this area, and treat the classic problems of international law as a series of problems in political and moral philosophy. Among the questions we will consider are the following:

What is the meaning of sovereignty in the international context, and are States properly speaking sovereign entities? What is the normative force of customary international law, and what philosophical accounts in meta-ethics or political philosophy would best support such force? How should we treat defectors from international treaty agreements, and how should our analysis of such defectors compare with defectors from domestic social contracts? What is the normative status of jus cogens with respect to human rights? Does the idea of global justice include a global distributive principle? How should we understand problems of collective action that arise in the international arena, for example in the context of natural resource law and climate change? Under what authority can individuals be prosecuted under international law, and are such prosecutions merely political in force, or do they reflect the rule of law? Must one be a natural law theorist to see international law generally as having normative force, or are various versions of positivism in keeping with the idea of international law as well?

The Conference

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Friday, April 23
8:30 – 9:00 amBreakfast

Welcome Remarks, Dean Michael Fitts
9:00 – 10:15 amPANEL 1: IS INTERNATIONAL LAW REALLY LAW?

Oona Hathaway and Scott Shapiro, “Is International Law Law? The Question of Coercion”
Carl Wellman, “National and International Law”

Moderator: Claire Finkelstein
10:15 – 10:45 amBreak
10:45 – 12:00 pmPANEL 2: RATIONALITY AND THE AUTHORITY OF INTERNATIONAL LAW

Claire Finkelstein, “Rational Contractarianism and International Law”
Jens Ohlin, “Nash Equilibrium and International Law”

Moderator: Matthew Adler
12:00 – 1:00 pmLunch
1:00 – 2:15 pmPANEL 3: HISTORICAL PERSPECTIVES ON INTERNATIONAL LAW

Benedict Kingsbury, “State of Nature versus Commercial Sociability as the Basis of International Law: Reflections on the Roman Foundations and Current Interpretations of the International Political and Legal Thought of Grotius, Hobbes, and Pufendorf”
Craig Martin, “Taking War Seriously: The Case for Constitutional Implementation of Jus ad Bellum

Moderator: William Ewald
2:15 – 2:45 pmBreak
2:45 – 4:00 pmPANEL 4: PROPORTIONALITY AND THE RULES OF WAR

Mark Osiel, “Rethinking the Law of War: Collateral Damage in Targeting Terrorists”| Addendum (PDF)
Fernando Tesón, “International Law and the Doctrine of Double Effect”

Moderator: Eric Feldman
4:15 pmBus transportation to the home of Claire Finkelstein and Leo Katz
5:30 – 6:45 pmPANEL 5: INDIVIDUAL RESPONSIBILITY IN WAR

Jeff McMahan, “Individual Responsibility and the Law of Jus ad Bellum
Mark Drumbl, “Always Innocent? Child Soldiers, Justice, and the International legal Imagination”*unable to attend

Moderator: Stephen Perry

Panel held at the home of Claire Finkelstein and Leo Katz,
9000 Crefeld St., Philadelphia, PA 19118
6:45 – 7:30 pmCocktails
7:30 pmDinner
Saturday, April 24
9:00 – 10:00 amBreakfast
10:00 – 11:15 amPANEL 6: CONCEPTIONS OF CUSTOMARY INTERNATIONAL LAW

George Fletcher, “Custom and Crime”
Ruti Teitel, “Global Transitions, New Perspectives on Legality and Judicial Review”

Moderator: Jacques deLisle
11:15 – 11:45 pmBreak
11:45 – 1:00 pmPANEL 7: JUS COGENS AND LEGITIMACY IN INTERNATIONAL LAW

Larry May, “Jus Cogens and Procedural Rights in International Law”
Matthew Lister, “The Legitimating Role of Consent in International Law”

Moderator: Deborah Pearlstein
1:00 – 2:30 pmLunch
2:30 – 3:45 pmPANEL 8: GLOBAL JUSTICE

Darrel Moellendorf, “Human Dignity, Equality, and Global Justice”
Thomas Pogge, “The Role of International Law in Reproducing Massive Poverty”

Moderator: Jessica Stanton
3:45 – 4:15 pmBreak
4:15 – 5:30 pmPANEL 9: CONSTITUTIONALISM AND INTERNATIONAL LAW

Mattias Kumm, “Cosmopolitan Turn in Constitutionalism: On the Relationship between Constitutionalism in and beyond the State”
Alexander Somek, “Monism: A Tale of the Undead”

Moderator: Kim Lane Scheppele
5:30 – 6:30 pmBreak
6:30 pmCocktails and Dinner
XIX Restaurant

Dinner Address: David Caron

Participants

Further Papers of Interest

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Foundations of International Law Conference