international and comparative law …...international and comparative law programs “for the last...

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INTERNATIONAL AND COMPARATIVE LAW PROGRAMS “For the last four years, I have been learning so much from professors and scholars in the ICLP Program who not only bring in-depth knowledge of the world's different legal systems to students, but also encourage candid discussions about cross-cultural issues and the challenges the world com- munity has been facing." -Weimin Wu, JD ‘15, SJD candidate Visiting Research Scholars with the Kosovar delegation and ICLP faculty in February Welcome from Dean Adrien Wing I am delighted to have become the Associate Dean for International & Comparative Law Programs in the fall of 2015. As many of you know, we have had the ICLP program for sev- eral decades. It was originally di- rected by the late Burns H. Weston, the Bessie Dutton Murray Professor of Law, and then followed by John Reitz, Edward Carmody Professor of Law, and Marcella David, Professor of Law & International Studies. It is an honor to join these distin- guished colleagues. I am currently in my 30th year at Iowa and am the Bessie Dutton Murray Professor of Law, the Director of the UI Center for Human Rights, and the Director of the France summer abroad program. I am excited to share with you ICLP’s updates from a busy year. Please feel free to get in touch with me at [email protected] with any questions or thoughts. Annual Report 2015-2016 Highlights Remembering Professor Burns Weston, p. 2 Iowa Law Hosts Kosovar Delegation, p. 4 International Students Bring the World to Iowa Law, p. 7 London Law Consortium Moves to Winter, p. 9 Faculty Updates and Publications, pp. 13-15

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INTERNATIONAL AND COMPARATIVE

LAW PROGRAMS

“For the last four years, I have been learning so much from professors and scholars in the ICLP Program who not

only bring in-depth knowledge of the world's different legal systems to

students, but also encourage candid discussions about

cross-cultural issues and the challenges the world com-munity has been facing."

-Weimin Wu, JD ‘15, SJD candidate

Visiting Research Scholars with the Kosovar delegation and ICLP faculty in February

Welcome from Dean Adrien Wing

I am delighted to have become the

Associate Dean for International &

Comparative Law Programs in the fall

of 2015. As many of you know, we

have had the ICLP program for sev-

eral decades. It was originally di-

rected by the late Burns H. Weston,

the Bessie Dutton Murray Professor

of Law, and then followed by John

Reitz, Edward Carmody Professor of

Law, and Marcella David, Professor

of Law & International Studies. It is an honor to join these distin-

guished colleagues. I am currently in my 30th year at Iowa and am

the Bessie Dutton Murray Professor of Law, the Director of the UI

Center for Human Rights, and the Director of the France summer

abroad program.

I am excited to share with you ICLP’s updates from a busy year.

Please feel free to get in touch with me at [email protected]

with any questions or thoughts.

Annual Report 2015-2016

Highlights

Remembering Professor

Burns Weston, p. 2

Iowa Law Hosts Kosovar

Delegation, p. 4

International Students

Bring the World to Iowa

Law, p. 7

London Law Consortium

Moves to Winter, p. 9

Faculty Updates and Publications,

pp. 13-15

2

Remembering Burns Weston

Burns H. Weston, Bessie Dutton Murray Distinguished Professor of Law Emeritus at The University of Iowa and founder and senior scholar of The University of Iowa Center for Human Rights (UICHR) died on October 28, 2015, just a few days before his 82nd birthday. After surviving numerous intense challenges to his health, Weston passed away unexpectedly and suddenly. To the end, he was excited about upcoming birthday celebra-tions with his wife, Dr. Marta Cullberg Weston, and visits with his children over Thanksgiving; he was steadily writing and developing new projects. Weston was fond of quoting EB White, who said: “If the world were merely seductive, that would be easy. If it were merely challenging, that would be no problem. But I arise in the morning torn between a desire to improve the world and a desire to enjoy the world. This makes it hard to plan my day.” In his own life, Weston also felt the pull of these choices every day – including in his first pivotal career decision to discontinue a promising ca-reer as a pianist or conductor to focus on the then relatively new field of international law. As loved ones, friends, and colleagues from around the world witnessed, Weston had a limitless capacity to enjoy so much about this world – and an equally tenacious drive to improve it. After receiving his LLB from Yale Law School, Weston began his legal career in 1961 with the distinguished New York City law firm of Paul, Weiss, Rifkind, Wharton & Garrison. Wanting to teach, he subsequently joined The University of Iowa College of Law, where he remained for the rest of his professional life. He also earned a JSD degree from Yale. He devoted himself to the causes of international law, human rights, and en-vironmental sustainability. Weston’s close friend and colleague, Richard Falk, said he was one of “the most talented and dedicated international law scholar[s] of his gener-ation.” Weston authored over 28 books, innumerable articles, and was on the editorial board of more than 10 professional journals, including the American Journal of International Law. Among others, he published in the Harvard International Law Journal, Human Rights Quarterly, and the Jour-nal of Human Rights and the Environment. Over the years, Weston participated in fact finding missions, lectured, wrote and taught about some of the most pressing issues facing our plan-et such as: nuclear weapons and disarmament, child labor, human rights and in the latter part of his life, environmental survival. (continued over)

Memorial Service Held at Iowa College of Law

On December 5, 2015, friends and family

members gathered for a memorial service

at the Boyd Law Building to honor Burns

H. Weston, pictured at left.

Damian Bakula, Tim Weston & Dean Wing

Rebecca Weston

3

(continued)

In doing this work, Weston was often bold and inventive. As close collaborator David Bollier wrote, he was an “irresistible disruption” – a force of such optimism, conviction and potential – that he embold-ened and challenged those around him. At The University of Iowa, Weston inspired generations of law students and “put Iowa Law on the map” of international law and international human rights. He developed a path-breaking, problem-oriented approach to teaching international law and co-wrote the award-winning textbook, Interna-tional Law and World Order: A Problem-Oriented Coursebook. Always broad and expansive in his thinking, Weston also founded and directed an interdisciplinary, university-wide Center for World Or-der Studies (later known as the University’s “Global Studies Program”) in the 1970s. At the same time, Weston was a dedicated teacher who paid close attention to and nurtured his students. As one student wrote, he “will always be the internationally-renowned scholar, writer, and teacher who was also generous enough to write two e-mails to a very desperate law student when she needed it most. And there’s not a lot of those out there.” Prior to the end of the Cold War and the collapse of the Soviet Union, Weston took part in: a hu-man rights fact-finding mission to Havana, Cuba, in 1984; a protective conflict-mitigation mission in 1985 to accompany former political dissident (and later president) Kim Dae Jung upon his return to Korea following involuntary exile in the United States; and in 1987, a human rights fact-finding mis-sion in the Israeli-Occupied Territories of the West Bank and Gaza. Later, Weston, usually with his wife, organized and/or participated in a number of human rights fact-finding and conflict-mitigation missions in the former Yugoslavia, Central Asia, and beyond. In the latter part of his career, Weston founded The University of Iowa Center for Human Rights (UICHR) and turned his scholarly attention to issues of the environment. He immersed himself in the politics and social dynamics of ecological crisis and climate change. In 2012, Weston co-authored the International Environmental Law and World Order: A Problem-Oriented Casebook. Subsequently, in 2013, Weston co-authored a ground-breaking book titled Green Governance: Ecological Survival, Human Rights, and the Law of the Commons. As co-author David Bollier has written about their collaboration on the Commons Law Project, Weston “attacked these questions with the enthusiasm of a first-year law student and the sagacity of a gray eminence. [...] He wasn’t afraid if they might require social and political struggle.” At the time of his death, he was in the final stages of completing the 4th edition of Human Rights in the World Community: Issues and Action, with co-author Anna Grear. In his non-academic, non-activist life, Weston embraced the world with all five senses. Above all, he was passionate about and constantly immersed in classical music: friends and family can easily recall moments when Weston’s attention drifted into a musical score; they remember often urging him to lower the volume just enough to hear themselves talk in the car or over a dinner table conversa-tion. He also loved art, taking drives, and going to movies. He had a strong sense of aesthetics and a gifted ability to create beautiful spaces. In no place were Weston’s senses more alive or more soothed than in his beloved Adirondack Mountains. Until the end, Weston was a devoted spouse, father, and grandfather: he was consistently and steadily available, curious about and eager to sup-port and connect with his children and grandchildren. Weston is survived by: his wife, Marta Cullberg-Weston (Sweden); his two children, Timothy Berg-mann Weston (Colorado) and Rebecca Burns Weston (Montana); four grandchildren, Leah and Em-ma Yonemoto-Weston, Elijah and Isabella Weston-Capulong; three stepchildren, Malin Cullberg, Jo-hannes Cullberg, and Martin Cullberg; and five step grand-children John Birger Wedinger, Olivia Lampenius Cullberg, Sima Wiernik Cullberg, Joar Wiernik Cullberg, and Cecilia Lampenius Cullberg.

Members of Burns Weston’s family meeting with UICHR Board

4

Kosovar Diplomats Hosted by Iowa Law Iowa Law was delighted to host three officials from the Kosovo Ministry of Foreign Affairs from February 20 to March 6, 2016. During their visit, the diplomats participated in an intensive course on treaty law which was de-veloped and presented by Iowa Law faculty members. The visit also pro-vided an exceptional opportunity to learn more about the state-building ef-forts in Kosovo, while introducing our guests to the College of Law, our community, and state. The Kosovar delegation included Imer Berisha, Visar Rrecaj, and Agne-sa Fejzullahu, who enjoyed a very full agenda during their two weeks in Iowa, including meeting with faculty, visiting scholars, students, and com-munity members. In addition to their training, the trio conducted an insight-ful presentation on “State Building in Post-Conflict Kosovo” for students, faculty, and staff on February 25th. Other events included a tour of the Johnson County Courthouse, meals with students and faculty, and a weekend stay in Chicago. The delegation ended their stay with a trip to Des Moines, where Kosovo recently opened its first foreign Consulate in Iowa. The visit was coordinated by Dean Adrien Wing and Professor Nathan Miller, who serves as Director of the International Legal Clinic and the Sen-ior Fellow in Human Rights and Social Justice. Iowa’s relationship with Kosovo goes back more than a decade and continues to grow. Starting in 2003, members of the Iowa National Guard began to serve in Kosovo, helping to stabilize the country after the conflict in 1999. Since then more than 700 Iowa National Guard members have served in peacekeeping missions to Kosovo. In 2011 that service was formalized through the State Partnership Pro-gram (“SPP”), a joint program of the U.S. Department of State, the National Guard Bureau, and the National Guard units in each individual state. The SPP advances defense and security goals, but also “leverages whole-of-society relationships and capabilities to facilitate broader interagency and corollary engagements spanning military, government, economic and social spheres.” The “Whole of Iowa, Whole of Kosovo” approach developed under the leadership of Maj. Gen. Timothy Orr culminated, in 2013, when the Gover-nor of Iowa and the Prime Minister of Kosovo announced the beginning of an official sister state relationship. “We look forward to increased collaboration with the Kosovo govern-ment in the 2016-17 academic year, including a conference highlighting self-determination in Kosovo and other countries,” says Dean Wing.

Students Experience Kosovar State Building First-Hand

Through a partnership between The

University of Iowa College of Law and

the Ministry of Foreign Affairs in Ko-

sovo, Iowa students can spend a se-

mester externing as legal researchers

at the Ministry of Foreign Affairs in

Pristina. Nathan Miller, Director of the

International Legal Clinic, oversees

the program.

Our two students for the 2015-16 year

were Aaron Miers and Megan Blan-

ford.

“The cooperation between The Uni-

versity of Iowa College of Law and

the Ministry of Foreign Affairs for the

Republic of Kosovo is something truly

special for students like myself want-

ing more experience in international

law. Because Kosovo is still a new-

born country, I was able to contribute

to some of the most significant inter-

national agreements and witness

some important milestones for Koso-

vo, including the election and inaugu-

ration for Kosovo’s new president. An

essential part of my externship in-

volved cultural exchange and I was

glad to have learned about Kosovo’s

culture and proud I got to share my

own as well.” -Aaron Miers, JD ‘17

Extern Aaron Miers in Pristina, Kosovo

Kosovar delegation at the Johnson County Courthouse

5

“My time in Kosovo was, with-

out a doubt, an invaluable and

a once in a lifetime experience.

I have not travelled an exten-

sive amount and was nervous

about traveling to a country I

knew so little about. However,

my fears were soon overcome

by the experiences I had and

the people I met. I was given

the opportunity to work in ad-

vanced areas of international

law that I would have never

had access to in the states. As

a result, I feel that my educa-

tion and legal knowledge have

greatly expanded. Co-workers

and locals were welcoming and

quickly made me feel right at

home by showing me the city

and inviting me on their travels.

During my time in Kosovo, I

learned a lot about myself and

my goals in life. I developed

several lifelong friendships and

made memories that will not

soon be forgotten.“

-Megan Blanford, JD ’17

Extern Megan Blanford at the memorial of Kosovar war hero Adem Jashari

Speakers and attendees at the Feb. 25 lecture “State Building in Post-Conflict Kosovo”

The Kosovar delegation meeting with UICHR staff

ICLP Highlights for Fall 2016

Iowa Law is pleased to welcome Judge Elisabeth Steiner, former judge

with the European Court of Human Rights and member of the Chamber of

Attorneys for Vienna, as the Mason Ladd Visiting Scholar for fall 2016.

Judge Steiner is teaching courses in European Union Law and Human

Rights in the World Community.

ICLP fall events include:

Brexit and the Future of Europe September 12, 6:00—7:30, W404

Lecture and panel discussion Pappajohn Business Building

Levitt Lecture: Kailash Satyarthi September 20, 6:00—7:00

Nobel Peace Prize Winner Iowa Memorial Union

Provost’s Global Forum October 13—15, locations vary

The Nation, The State, and the

Global Redefinition of Self-Determination

6

Global Engagement at Iowa Law

This year saw the introduction of new programs to con-

nect our international and domestic students:

Language Tables: A collaboration between the

Dean of Students and ICLP, Language Tables is a

monthly event, highlighting the global cultures of our

students through language and food. Each month, 4-

5 students with international heritage host tables in

the Boyd Law Building Lobby to share information

about their culture and a traditional food.

International Colleagues: This pairing program

matched international and domestic students for a

year-long friendship. Colleagues were matched and

then were encouraged to meet 4-5 times during the

semester. Colleagues organized a cooking evening in

the law school’s house at 320 Melrose, where stu-

dents enjoyed food from around the world.

Global Ambassadors: New in fall 2016, Global

Ambassadors are international and domestic students

who commit to supporting our new international stu-

dents through friendship, practical assistance, and

regular programming.

New role created to support international students This January, the College of Law filled the new

role of Director of Global Community Engage-

ment. Recognizing the unique needs of a growing

body of international students, the College creat-

ed the role to oversee and coordinate many as-

pects of international support services in the Col-

lege.

The Director is responsible for coordinating

admissions processes for the LLM and Advanced

Standing JD degree programs, and working with

applicants as they are admitted and prepare to

arrive in Iowa City. The Director then coordinates

the international orientation program, in collabora-

tion with the faculty member teaching the Foreign-

Trained Lawyer Orientation course (Professor

Dawn Barker Anderson in fall 2016).

As students settle into life at Iowa Law, the

Director assists with academic and non-academic

advising and creates opportunities for students to

connect with domestic and upper-class interna-

tional students in the College. The Global Am-

bassadors program, launched in fall 2016, is an

opportunity for these students to connect.

The Director is also reaching out to our many

international alumni to build a global network and

seek interest in further engagement with Iowa

Law, through programs like mentoring and alumni

events.

The role was filled in January by Jennifer

Blair, who previously served as Assistant Director

of Global Community Engagement at The UI’s

Tippie College of Business.

1L students in 2015/16 Mariah Wallace and Joshua Clapp enjoy the cooking evening at 320 Melrose.

Mohammed Alzahrani (AJD ‘16),

Sean Han (JD, ’17), and Moham-

mad Alamoti (AJD ‘17) present-

ed an introduction to Islam to

both the Iowa Law community

and the broader UI campus. The

speakers first presented at the

Boyd Law Building and then pre-

sented again to the UI main cam-

pus in the Iowa Memorial Union.

Students and faculty gathered in Professor Lorie Schweer’s home for an international potluck in fall 2015.

7

Congratulations to our 2015/16 international

graduates!

Mathilde Botti (France) LLM

Quynh Bui (Vietnam) LLM

Duckchul Kim (S. Korea) JD

Seong Hyeon Kim (S. Ko-

rea) AJD

Yongtae Kim (S. Korea)

AJD

Erfei Li (China) AJD

Yang Li (China) AJD

Malvika Rawal (India) JD

Haoyuan Song (China) AJD

Javkhlan Yadamdorj

(Mongolia) LLM

Chenhao Zhang (China)

AJD

Shen Zhao (China) AJD

Ran Zheng (China) LLM

Yi Zhu (China) AJD

New Graduate Programs Continue to

Bring the World to Iowa Law

Now in its second year, the Advanced Standing JD saw its largest class

of graduates to-date in May 2016. The program continues to attract ex-

ceptional candidates from around the world. Applicants must have a pri-

mary degree in law from an accredited institution in a foreign country.

They are then able to transfer up to 28 credit hours to Iowa, making it

possible to graduate with a JD in four to five semesters. Iowa is one of

the highest ranked law schools in the country to offer the Advanced

Standing option on a formal basis. We were delighted to welcome anoth-

er talented class of Advanced Standing JD students in August 2016!

Also in its second year, the Doctor of Juridical Science (SJD) saw the first

of its members advance to candidacy this past spring. The main require-

ment for the SJD is the writing of a book-length, publishable work on an

important legal issue. Students must complete two semesters of work on

their dissertation in residence at Iowa. If promoted to candidacy on the

basis of that work, they then have five years to complete the dissertation

either at Iowa or elsewhere. Last year there were five students enrolled

in Iowa’s SJD program, coming from Saudi Arabia, South Korea, and Chi-

na. A Turkish student who started a semester earlier remained on leave.

This year there are two new students, from Japan and Uganda.

Our long-standing Master of Laws (LLM) continues to provide students

with either a practical track toward bar preparation or a research track in

a field of interest. Now with the Advanced Standing JD option, the LLM

program can also be a gateway to a JD in a total of three years. We wel-

comed LLM students this fall from South Korea, China, Honduras, and

Turkey.

International graduates in May gathered at the Old Capitol.

Mohammad Alamoti and his wife Persia set a traditional Persian New Year (Nowruz) table for our February Language Tables.

8

Iowa Law Students Seek

New Perspectives Abroad...

Iowa Law students enjoy remarkable opportuni-

ties to study law around the world, through our

own faculty-led programs, semester-long ex-

changes, and international externships:

Summer in France (Paris & Arcachon)

(faculty-led)

Intersession London Law Program (faculty-

led)

Católica University, Lisbon, Portugal

(exchange)

Radboud University Law School, Nijmegen,

The Netherlands (exchange)

Peking University of Transnational Law,

Shenzhen, China (exchange)

Zhejiang University Guanghua Law School,

Hangzhou, China (exchange)

International Criminal Tribunal for the For-

mer Yugoslavia (externship)

...and Find Them at Home

With its long-standing strength in international

and comparative law, Iowa offers students ex-

ceptional opportunities to expand their

worldview within the College:

International Law Society

International Law Students Association

Transnational Law and Contemporary Prob-

lems Journal (TLCP)

Philip C. Jessup International Moot Court

Research Assistant work for ICLP faculty,

including work for UICHR

Global Ambassadors

Language Tables

Representation on the university-wide Inter-

national Student Advisory Board

My favorite aspect of the France program was

being able to explore the beautiful French

cities each day with some amazing people.

The classes offered were interesting and

worked well with the smaller class size...the

program offered a unique law school

experience that led to some great memories!

—Katelynn McCollough, JD ‘17

Exchange students, 2015/16:

To Iowa: From Iowa:

Sara Kangus (Radboud) Maura Cook (Radboud)

Junus Kangus (Radboud) Imelda Ureño (Radboud)

Shuxin Shi (Peking) Zachary Nichols (Radboud)

Donghui Wang (Peking)

Arcachon Students in 2016 met with the US Consul from Bordeaux Members of ILS and ILSA gathered at 320 Melrose in March

9

Associate Dean Adrien Wing com-mits major gift to support study

abroad

To mark her 60th birthday, Dean Wing announced a gift of $100,000 to the College of Law to establish the Adrien Wing Scholarship Fund to assist law students wishing to study or extern abroad.

At a gathering of the Iowa Law community on August 23, 2016, Dean Wing announced her plans, reflecting on the impact that study abroad had in her own life and the transformation she has seen in stu-dents who have been abroad.

“I wish every Iowa law student would be able to study or work abroad without concern for the cost. It should be part of becoming a global citizen in the 21st century.”

While the number of US students studying abroad has tripled in the past twenty years (IIE Open Doors Report, 2015), study abroad num-bers remain relatively low, particu-larly at the graduate level. In 2013-14, 357 graduate and professional students at Iowa studied abroad—approximately 4% of the population. (UI International Programs, 2014)

Cost is one of the greatest barriers to studying abroad, and scholarship funding is widely viewed as the most significant factor in increasing participation rates (IIE, 2009).

Photo: Deans Wing & Agrawal with Derek Pendergast from UI Founda-tion

London Law Program Launches New

Winter Intersession Course in 2017

For more than thirty years, Iowa Law students have had the opportunity

to learn about the British legal system through the London Law Consorti-

um spring semester study abroad program in London.

After a one-year hiatus in 2016, the London Program will transition to a

winter intersession offering in 2017, with students travelling to London for

12 days in early January. Professors Ann Laquer Estin and Stella Burch

Elias will lead the class.

The new program will offer a course, the British Legal System, designed

as a hybrid of the two core courses offered in previous years (English

Legal System and British Legal Methods), with a strong comparative fo-

cus. Students will earn two credits, with a third unit of credit available for

students who complete a more substantial seminar paper after their re-

turn from London.

The program will continue to offer many of the experiences that have

been a highlight for students in past programs, including the opportunity

to shadow a barrister, visit the Old Bailey, have lunch at the Inner Temple

hall, and take a field trip to Oxford.

In moving to the winter model, Iowa Law has been able to increase stu-

dent participation significantly—keeping costs to a minimum for students,

yet still retaining the core aspects of the program that have contributed to

its long success. As of July 2016, the program had reached its capacity

of 28 students and began taking names for the waitlist. The new program

is open to students from Iowa and its former Consortium partners, with a

group of six students from Missouri Law signed up to participate.

For further information about the program, see www.law.uiowa.edu/london.

Professors Ann Laquer Estin and Thomas Gallanis with students in Oxford in 2014.

10

Symposium planned for October TLCP continues its biennial tradition of hosting symposia with an event planned on October 28th, 2016, focusing on Interna-tional Environmental Law, Environmental Justice and the Global South. The symposium is based on the book International En-vironmental Law and the Global South (Cambridge University Press, 2015). Two editors of the book, Sumudu Atapattu (University of Wis-consin) and Carmen G. Gonzalez (Seattle University School of Law), will be attending and speaking. Professor Burns Weston, who founded TLCP, endorsed the book, and played a role in its development, will be honored throughout the event. The symposium will consist of several individual presentations and multiple panel discussions. First keynote speaker Rebecca Tsosie (University of Arizona) will speak on Environmental Jus-tice, Uranium Mining, and Indigenous Peoples. Second keynote speaker Lakshman Guruswamy (University of Colorado at Boul-der) will discuss Energy Poverty and Its Disparate Effects on the Rights of Women. Email [email protected] for further information about the event.

Transnational Law & Contemporary Problems Now in its 25th year, TLCP continues to address

issues that transcend national political boundaries,

publishing two issues per year.

Volume 25, Number 1 (Winter 2015)

UICHR, Human Rights Index: No. 43

Karin Loevy, Who Decides on the Emergency?

Comparing Institutional Response Capacities in the US Executive and the UK Parliament Post-9/11

Toby S. Goldbach, Instrumentalizing the Expres-

sive: Transplanting Sentencing Circles into the Canadian Criminal Trial

Jess Kyle, The “New Legal Reality”? Peace, Pun-

ishment, and Security Council Referrals to the ICC

Trandafir Competition Winner: Jacob Damstra,

Heroic or Hypocritical: Corporate Social Responsi-bility, Aboriginal Consultation, and Canada’s Ex-tractive Industries Strategy

Student notes:

- Zachary D. Nichols, The International Criminal Court’s Proposed Jurisdiction Over the Crime of Aggression: Inapplicable In Ukraine and Be yond

- Imelda Carranza Ureño, The Waiver of Nation al Sovereignty: The Economic and Environmen- tal Implications of the Transoceanic Canal of Nicaragua

- Shelby D. Wood, No Going Home: An Analysis of US and UK Expatriation Laws and Applied to the Current Crisis in Iraq and Syria

Volume 25, Number 2 (Summer 2016)

The Role of Customary Law and the New Lex

Mercatoria in Countries with a Civil Law Tradition:

The Italian Case (Gabriella Saputelli)

Gonzalo Vial & Francisco Blavi, New Ideas for the

Old Expectations of Becoming an Attractive Arbi-

tral Seat

Lua Kamal Yuille, Creating a Babel Fish for

Rights & Religion: Defining “Rights” Through Sa-

cred Texts

Student notes:

- Patrick Dittmer, Party Like It’s 1992: The For-

mation of Communist Party Cells in China’s

Private Sector

- Carolina Servin, Eight Million Dollar Sack of

Bones: An Examination of International Cultur-

al Property Law and Policy in the United States

- Malvika Rawal, Made in India: The Label on

your Prescription Refill

TLCP Editorial Board, 2015-16

Shelby D. Wood, Editor in Chief

Keisha N. Douglas, Managing Editor

Articles Editors: Carolina Servin (Senior), Paul K. Choi,

Robert J. Marchant

Note Editors: Ryan M. Ricke (Senior), Jessica L.

McNamara, Alexis Steele

Members: Lauren C. Arndorfer, Lauren E. Carini, Jeffrey F.

Finley, Jonathan P. Garvin, Julie C. Hagen, Sean M. Han,

Ephraim T. Hintz, Megan E. Horst, Gage G. Kensler,

Christopher G. Lehrer, Jonathan R. McDonnell, Will

McDonough, Shannon K. McKenna, Aaron M. Miers, Amelia

S.M. Schultz, Kathleen R. Tunink, Neva N. Wagner, Kira C.

Wennerholm, Thomas S. Wisniewski

11

Iowa Law Welcomes Scholars from around

the World Iowa Law was home to the following visiting research scholars in 2015-16:

Abdulaziz Alhussan, King Saud Uni-versity, Saudi Arabia (now SJD)

Jidong Chen, Shanghai Jiao Tong University, Shanghai, China

Hong Suck Cho, Kyungpook National University, Daegu, South Korea

Jiao Feng, Zhejiang University Guanghua Law School, Hangzhou, Chi-na

Minglong Guo, Tianjin Normal Univer-sity Law School, Tianjin, China

Yu Hou, Zhengzhou University, Zhengzhou, China

Li Kang, School of Political Science of Southwest Jiaotong University, Si-chuan, China

Jian Li, Jilin University School of Law, Changchun City, China

Qin Li, Zhejiang University Guanghua Law School, Hangzhou, China

Mário André Machado Cabral, Univer-sity of São Paolo School of Law, São Paolo, Brazil

Hongman Qin, Wuhan University School of Law, Wuhan, China

Jaume Tarabal Bosch, University of Barcelona, Spain

Hao Wang, Zhejiang University Guanghua Law School, Hangzhou, Chi-na

Yueming Zhang, Guangxi University School of Law, Nanning, China

Iowa Sends Team to Regional

Jessup Competition

Founded in 1958, the Philip C. Jessup International Law Moot Court Competition is the oldest international moot court compe-tition in the world. Last year, the competition attracted teams of competitors from over 550 law schools, representing 87 coun-tries. Iowa Law is proud of its long tradition of participation in the competition, which is a dispute simulation between coun-tries before the UN’s International Court of Justice.

This past year, Iowa Law's Jessup International Moot Court team competed in the Midwest Regional tournament in early February at Loyola University School of Law in Chicago.

Advocates drafted written memorials during the fall semester and participated in four rounds of oral arguments at the region-al. The case presented four issues related to mass surveillance, diplomatic immunity, preventative detention, and cyber-attacks.

Team members conducted extensive research on numerous areas of international and domestic law, as well as the proce-dural rules of the Court.

Iowa Law was recognized for the seventh best written memorial in the region, and Michael Brey was one of the top 30 oral-ists. The five 3L team members were selected through Iowa Law's intra-collegiate moot court competition the previous year.

Dr. Brian Farrell, Lecturer in Law and Director of the Citizen Lawyer Program at Iowa Law, advised the competition team.

The 2016 Jessup International Moot Court team at the Midwest regional competi-tion. L-R: Jake Kline, Jeremiah Geffe, Michael Brey, Crystal Pound, and Ryan Ricke

12

UI Center for Human Rights Continues Work in Community Although deeply saddened by the sudden loss of founder and senior scholar Burns Weston in October, UICHR continued its commitment to teaching, scholarship, and public engagement with a year of meaningful contributions to the community.

The Center continued to manage UI’s Human Rights Certificate, which enrolled 39 undergraduate students in the fall and 49 in the spring. Instructors include UICHR staff Brian Farrell, Nathan Miller, Amy Weis-mann, and Adrien Wing.

In addition to classroom teaching, UICHR also supported six students through the Kenneth J. Cmiel Human Rights Internship, funding sum-mer work with an organization pursuing human rights protection and/or promotion.

On April 9, UICHR hosted the second annual Iowa Human Rights Re-search Conference at the College of Law, bringing together 15 under-graduate students from 12 institutions throughout Iowa. Students pre-sented papers and posters on diverse human rights topics.

The Provost's Global Forum on Self Determination, originally planned for April 2016 in Iowa City and Des Moines, has been rescheduled for October 13-15, 2016. This change in date will allow a delegation of diplomats from Kosovo to be in attendance.

UICHR was delighted to welcome Kathrina (Kat) Litchfield as a new Administrative Services Coordinator. Kat is a PhD candidate in the College of Education and will assist UICHR with accounting and finan-cial management, event planning, and oversight.

For much more information on the work of UICHR in this and previous years, please visit uichr.org.

UICHR Public Engagement Highlights, 2015-16 Human Rights City: UICHR continues

its work with the Iowa City Human Rights Commission to seek designation of Iowa City as a UN-recognized “Human Rights Community.”

One Community, One Book: UICHR selected Just Mercy for 2015. Author Bryan Stevenson spoke to an audience of 1100 people on campus in October. The selection for 2016 is Without You There Is No Us: My Time with the Sons of North Korea’s Elite by Suki Kim.

19th Annual International Day: UICHR partnered with the Stanley Foundation and the College of Education in Novem-ber to host the annual International Hu-man Rights Day for 300 middle and jun-ior high school students.

Human Rights Education: UICHR or-ganized a series of meetings with local activists, elected officials, and school administrators to discuss human rights education.

Sr. Helen Prejean: UICHR hosted Sis-ter Helen Prejean, death penalty activist and author of the book Dead Man Walk-ing for two public lectures and related campus events in April.

Criminal Justice Reform Convening: UICHR brought together diverse stake-holders from across the state in April to discuss priority concerns within the crimi-nal justice system and to identify and share possible approaches to address-ing those concerns.

Members of the Foreign Affairs Committee of the Parliament of Kosovo, along with Dean Adrien Wing and UICHR Assistant Director Nathan Miller in Pristina, Kosovo, in July 2016.

Affiliated with The University of

Iowa’s College of Law, The Univer-

sity of Iowa Center for Human

Rights has as its mission the pro-

motion and protection of human

rights at home and abroad through

distinguished multidisciplinary lead-

ership in human rights research,

education, and public service to

The University of Iowa, its sur-

rounding communities, the State of

Iowa, and beyond.

13

ICLP Faculty Updates, 2015-16

Professor Stella Burch Elias was awarded the James N. Murray Faculty Award, a University-wide award given

each year to a tenure-track faculty member in recognition of outstanding teaching and assistance to students, ex-

ceptional research and writing, and dedicated service to the University and the surrounding community. In Spring

and Summer 2015 she led a series of trainings for Iowa judges and attorneys working with unaccompanied immi-

grant children from Guatemala, Honduras, and El Salvador. In August 2015 she met with a delegation of govern-

ment officials from the nation of Georgia, who visited Iowa City through a State Department Program to assist them

in developing programs for refugees and asylum seekers. In Fall 2015 she hosted the annual conference of the

Iowa-Nebraska Chapter of the American Immigration Attorney’s Association at the College of Law. She continues

to serve as the College of Law’s Study Abroad Adviser.

Professor Ann Laquer Estin served as the on-site Director of the London Law Consortium (LLC) during the

spring semester 2015 and developed a new winter session program that will begin in January 2017. She serves as

a board member for the US branch of the International Social Service, a 90-year-old network of agencies working

to connect vulnerable children, adults, and families separated by international borders. Her travel in 2015 and

2016 will include Australia, England and Wales, Greece, the Netherlands, Poland, and Portugal.

Professor Brian Farrell continues to serve as Associate Director of the UI Center for Human Rights and the

Jessup International Moot Court Team Advisor. He was invited as a Doctoral Seminar Guest Expert by the Irish

Centre for Human Rights at NUI Galway in April 2016 and also presented talks on habeus corpus and human

rights in the region. He was also cited in the minority opinion by Justice Mazuz, Aliwa et al v. Commander of IDF

Forces in the West Bank, Judgment, HCJ 722/15, Supreme Court of Israel.

Professor Nathan Miller, Director of the International Legal Clinic, continues to oversee the field placement

opportunity with the Kosovar Ministry of Foreign Affairs and teach “Human Rights Enforcement” as part of the UI-

CHR’s Human Rights Certificate. He designed and largely delivered a 2-week training course in treaty law for visit-

ing Kosovar diplomats, organized a conference on self-determination for the Provost’s Global Forum, and took on

the representation of former political prisoners in Peru in the Inter-American Commission on Human Rights.

Professor John Reitz is the first director of our new Doctor of Juridical Science (SJD) degree program,

which is primarily of interest to international students. In that capacity he has chaired the admissions committee for

that program and served so far as chair of the dissertation committees for three students, one from Turkey, one

from Saudi Arabia, and one from South Korea, and he serves on the dissertation committee for one other student

from Saudi Arabia. This academic year, he will serve as the chair for a fourth student, from Japan, and Professor

Hughes will take over as chair for the Turkish student. Reitz also gave a course on US Administrative Law in Com-

parative Perspective in May and June at Zhejiang University in Hangzhou, China. He continues to work on an arti-

cle on the Supreme Court debate about the citation of foreign law and he served on an ad hoc committee for the

American Society of Comparative Law to negotiate a contract with Oxford University Press for the publication of the

Society’s journal, the American Journal of Comparative Law.

Professor Christopher Rossi presented on global governance challenges in the High Arctic at the Pusan

National University College of Economics and International Trade International Conference in June 2015 in South

Korea. He also taught an intersession course on multiculturalism at Pusan National University in 2015.

Professor Len Sandler met with a delegation of government officials and civil society leaders from the

Ukraine on June 9, who are visiting through a State Department program to assist them in better protecting and

promoting the rights of people with disabilities in Ukraine.

Professor Lea VanderVelde continues to work with Nobel Peace Prize winner, Kailash Satyarthi, and partic-

ipated in the Nobel Peace Prize Forum held from June 6-8 in Minnesota commemorating his work, where she led a

break-out session on domestic slavery in Minnesota and the Northwest before the Civil War. Mr. Satyarthi will

speak at Iowa on September 20.

Dean Adrien Wing continues to serve as Associate Dean for International and Comparative Law Programs

and Director of The University of Iowa Center for Human Rights. She also directs the France Summer Abroad Pro-

gram. In spring 2016, she travelled to China with a delegation from The University of Iowa to meet prospective

undergraduate students and then crossed the country meeting with the Iowa Law’s institutional partners. She visit-

ed the Kosovo government and other organizations during 2015 and 2016.

14

ICLP Faculty Publications, 2014-16

Professor Jonathan Carlson INTERNATIONAL LAW & WORLD ORDER: BASIC DOCUMENTS (2015), Eds Burns H. Weston & Jonathan C. Carl-son. Brill. Published continuously and updated annually since 1994. Published online since 2010. Previously published in hard copy by Transnational Publishers, Inc. (1994–2009), 5 volumes, looseleaf.

Professor Ann Laquer Estin INTERNATIONAL FAMILY LAW DESK BOOK (ABA Publishing) (2d ed. 2016). INTERNATIONAL FAMILY LAW (Research Collection) (editor) (Edward Elgar 2016). “The New Global Family Law,” in FAMILY LAW IN BRITAIN AND AMERICA IN THE NEW CENTURY, John Eekelaar, ed. (Leiden: Brill Academic Publishers 2016), pages 219-234. “Protecting Child Welfare in Abduction and Asylum Proceedings,” 41 NORTH CAROLINA JOURNAL OF INTERNATION-

AL LAW 793-831 (2016). “Foreign Family Law: Comity, Contract and the Constitution,” 41 PEPPERDINE LAW REVIEW, 1029 (2014).

“The Hague Abduction Convention and the United States Supreme Court,” 48 FAMILY LAW QUARTERLY, 235 (2014).

“Migration, Remittances, and Child Support,” in RECOVERY OF MAINTENANCE IN THE EU AND WORLDWIDE, Paul Beaumont et al., eds. (Bristol: Hart Publishing, 2014), pages 101-111.

Professor Stella Burch Elias “The Perils and Possibilities of Refugee Federalism,” 66 AMERICAN UNIVERSITY LAW REVIEW (2016) (forthcoming).

“Testing Citizenship,” 96 BOSTON UNIVERSITY LAW REVIEW (2016) (forthcoming).

Professor Brian Farrell HABEAS CORPUS IN INTERNATIONAL LAW (Cambridge University Press) (forthcoming).

“The Security Council and Kashmir,” 22 TRANSNATIONAL LAW AND CONTEMPORARY PROBLEMS, 343 (2014).

Professor Nathan Miller “Human Rights Abuses as Tort Harms: Losses in Translation.” 46 SETON HALL LAW REVIEW, 505 (2016). "International Civil Disobedience: Unauthorized Intervention and the Conscience of the International Communi-ty," 74 MARYLAND LAW REVIEW 315 (2015).

Professor Mark Osiel “Les Limites du Droit International dans les Réponses Mondiales aux Crimes de Masse,” in LA JUSTICE PÉNALE INTERNATIONALE FACE AUX CRIMES DE MASSE: APPROCHES CRITIQUES, Raphaëlle Nollez-Goldbach and Julie Saada, eds. (Paris, France: Editions A. Pedone, 2014), pages 227-242.

“The Uncertain Place of Purge within Transitional Justice, and the Limitations of International Law in the World’s Response to Mass Atrocity,” in DEALING WITH WARS AND DICTATORSHIPS: LEGAL CONCEPTS AND CATEGORIES IN ACTION, Liora Israël and Guillaume Mouralis eds. (The Hague, Netherlands: T.M.C. Asser Press, 2014), pages 253-270.

Professor John Reitz “The Impact of Foreign Law on Public Law in the United States of America,” in Ulrich Jan Schröder, ed.,

RECHTSVERGLEICHUNG IM ÖFFENTLICHEN RECHT IM INTERNATIONALEN VERGLEICH, FESTSCHRIFT FÜR DIRK EHLERS

[COMPARATIVE LAW IN PUBLIC LAW IN INTERNATIONAL COMPARISON, FESTSCHIFT FOR DIRK EHLERS] (Mohr Siebeck,

2016-17) (forthcoming).

Professor Christopher Rossi “A Case Ill Suited for Judgment: Constructing ‘A Sovereign Access to the Sea’ in the Atacama De-sert,” UNIVERSITY OF MIAMI INTER-AMERICAN LAW REVIEW (forthcoming).

“‘A Unique International Problem’: The Svalbard Treaty, Equal Enjoyment, and Terra Nullius: Lessons of Terri-torial Temptation from History,” 15 WASHINGTON UNIVERSITY GLOBAL STUDIES LAW REVIEW 93 (2016).

“The International Community, South Sudan, and the Responsibility to Protect,” 49 NEW YORK UNIVERSITY JOUR-

NAL OF INTERNATIONAL LAW & POLITICS (forthcoming).

15

SOVEREIGNTY AND TERRITORIAL TEMPTATION: THE GROTIAN TENDENCY (Cambridge University Press) (forthcoming).

“Impaled on Morton’s Fork: Kosovo, Crimea and the Sui Generis Circumstance,” 30 EMORY JOURNAL OF INTER-

NATIONAL LAW 101 (2016).

“‘A Unique International Problem’: The Svalbard Treaty, Equal Enjoyment, and Terra Nullius: Lessons of Terri-torial Temptation from History,” 15 WASHINGTON UNIVERSITY GLOBAL STUDIES LAW REVIEW 1 (2015) (forthcoming).

“Ex Injuria Jus Non Oritur, Ex Factis Jus Oritur and the Elusive Search for Equilibrium after Ukraine,” 24 TULANE JOURNAL OF INTERNATIONAL & COMPARATIVE LAW 143 (2015).

“The Club Within the Club: The Challenge of a Soft Law Framework in a Global Arctic Context,” 5 POLAR JOUR-

NAL 8 (2015).

“Jura Novit Curia? Condominium in the Gulf of Fonseca and the ‘Local Illusion’ of a Pluri-State Bay,” 37 HOU-

STON JOURNAL OF INTERNATIONAL LAW 793 (2015).

“A Particular Kind of Dominium: The Grotian ‘Tendency’ and the Global Commons in a Time of High Arctic Change,” 11 UNIVERSITY OF TORONTO JOURNAL OF INTERNATIONAL LAW AND INTERNATIONAL RELATIONS 1 (2015).

“Russian Arctic Straits and the Temptation of Uti Possidetis.” 24 TRANSNATIONAL LAW & CONTEMPORARY PROB-

LEMS 19 (2014).

“The Responsibility to Protect and the Plenitudinal Mindset of International Humanitarian Law,” 5 JOURNAL OF

INTERNATIONAL HUMANITARIAN LEGAL STUDIES 352 (2014).

“The Northern Sea Route and the Seaward Extension of Uti Possidetis (Juris). 83 NORDIC JOURNAL OF INTERNA-

TIONAL LAW 476 (2014).

Dean Adrien Wing

"International Human Rights and Black Women: Justice or Just Us?," in BLACK WOMEN AND INTERNATIONAL LAW:

DELIBERATE INTERACTIONS, MOVEMENTS, AND ACTIONS, Jeremy I. Levitt, ed. (New York: Cambridge University

Press, 2015), pages 34-61.

"Violence Against Palestinian Women in the West Bank," with Nadera Shalhoub-Kevorkian, in COMPARATIVE

PERSPECTIVES ON GENDER VIOLENCE: LESSONS FROM EFFORTS WORLDWIDE, Rashmi Goel and Leigh Goodmark

eds. (New York: Oxford University Press, 2015), pages 59 - 71.

“Introduction to the Symposium: Women in the Revolution: Gender and Social Justice after the Arab Spring,” 24 TRANSNATIONAL LAW & CONTEMPORARY PROBLEMS 293 (2015).

“Women in the Revolution: Gender and Social Justice after the Arab Spring: Roundtable Discussion,” 24 TRANS-

NATIONAL LAW & CONTEMPORARY PROBLEMS 391 (2015).

Burns Weston: In Memoriam, 110 AMERICAN JOURNAL OF INTERNATIONAL LAW (2016) (with Henry Richardson).

ICLP Courses Offered, 2015-16

Advanced Immigration Law and Policy, Prof. Stella

Elias (fall)

Advanced Topics in International Law: How the UN

Security Council Authorizes Force and Imposes Sanc-tions, Prof. Brian Hook (spring)

Advanced Problems in International Law and Policy:

Visions of World Order, Prof. Steven Burton (fall)

Comparative Law, Prof. John Reitz (spring)

Foreign Comparative & International Legal Research,

Prof. Donald Ford (fall)

Foreign Relations Law, Prof. Jonathan Carlson (fall)

Foundations of International Law, Prof. Christopher

Rossi (spring)

Human Rights in the World Community, Dean Adrien

Wing (spring)

Immigration Law & Policy, Prof. Bram Elias (spring)

International Criminal Law, Prof. Mark Osiel (fall)

International Environmental Law, Prof. Jonathan Carl-

son (fall)

International Trade Law: Basic Norms & Regulations,

Prof. Christopher Rossi (fall)

Law in the Muslim World, Prof. Adrien Wing (summer)

Law of War, Peace, and Military Affairs, Prof. Mark

Osiel (fall)

Comparative Equality, Prof. Angela Onwuachi-Willig

(summer)

Introduction to French Law, Prof. Michael Amado

(summer)

International Legal Clinic, Prof. Nathan Miller (fall and

spring)

Contact ICLP:

Associate Dean Adrien

Wing

The University of Iowa

College of Law

Iowa City, IA 52242

(319) 335-9034

[email protected]

Visit us on the web at

http://law.uiowa.edu/

Stay connected with ICLP! We are grateful for the alumni, friends, and colleagues who have

been part of the International and Comparative Law Program work

through the years and are happy to share this annual update with

you.

Be sure to keep your contact information updated with us to contin-

ue to receive news and updates from ICLP at Iowa Law:

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International and Comparative Law

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