Andrew Lyubarsky, IILJ Scholar, published his article Clearing the Road to Havana: Settling Legally Questionable Terrorism Judgments to Ensure Normalization of Relations Between the United States and Cuba in the NYU Law Review. Congratulations Andrew!
Ben Heath, former IILJ Scholar, published his article Global Emergency Power in the Age of Ebola in the Harvard International Law Journal. Congratulations Ben!
Recent News & Events
Students in the International Organizations Clinic (taught by Professors de Burca and Fisher) published two new reports: Accountability for Children's Rights: A research mapping of local and informal accountability mechanisms with the UNICEF Human Rights Unit, Programme Division and Follow-Up And Review Of The Sustainable Development Goals Under The High Level Political Forum with the United Nations Development Programme.
The Pre and Post UN Charter Order November 2015
Indicators and the Ecology of Governance July 2015
International Organizations Clinic, together with UNDP, issues a report on Accountability through Civic Participation in the Post-2015 Development Agenda
Sally E. Merry's research on using human rights indicators effectively has been highlighted on NSF's SEE innovation website (posted here)
IILJ launches new Law and Global Governance book series with Oxford University Press. Edited by Andrew Hurrell of Oxford Univeristy and Benedict Kingsbury and Richard Stewart of NYU, the series publishes robust original work on new approaches to law and regulation, with emphasis on issues and ideas in developing countries.
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This site brings together the research, scholarship, teaching, and outreach activities of New York University School of Law's acclaimed international law program.
IILJ Academic and Policy Work
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New: GAL Network page
This project focuses on interactions between institutions in the global administrative space. At the outset, the project aims to capture five types of institutional interaction: interactions between institutions that are international actors (horizontal); interactions between international and national institution, where the latter is a member of the international body (vertical); interactions between an international institution and a national one where the national body is not a member (diagonal); interactions between institutions from different countries; and relationships between different national institutions in the same country. Following these five dimensions, several questions about institutional interaction can be asked, including, in particular, questions about: management of interactions, the relationship between interaction and institutional change, the effects of interaction, and the consequences of interaction for law.
This project, led by Professors Davis, Kingsbury, and Merry, addresses global and local exercises of power through Governance by Information. Public and private sector indicators/rankings are increasingly used as instruments of governance: determining credit ratings of countries, the meaning of clauses in human rights treaties, the allocation of development funding, compliance with prohibitions on human trafficking. Local NGOs produce indicators to advocate reform. In this NSF-funded project, a world-wide network of scholars, including many current and former NYU students, are mapping and explaining this form of governance, and analyzing impact in numerous developing countries.
Indicators and the Ecology of Governance, conference held at NYU School of Law on July 6-7, 2015
Access to financial capital can be a crucial determinant of countries’ prospects for development. The sources of financing available to inhabitants of developing countries, the terms upon which financing is provided and the kinds of projects being financed have become increasingly varied, but very restricted since the 2008-09 credit crisis. The research program on financing development maps this changing legal order, its social and economic implications, and the scope for innovation.
Innovation in Governance of Development Finance: Causes, Consequences and the Role of Law. Detailed program here. NEW! Video here. Conference Report here.
The Investment Law Forum is devoted to the rigorous and critical examination of the increasing jurisprudence that is emerging from investor-state arbitral tribunals, as well as the underlying legal norms, whether in bilateral investment treaties or bilateral or regional trade agreements, that these tribunals are applying. The tribunal awards in investor-state arbitration raise important thematic issues, such as canons of treaty interpretation, the nature of state responsibility including remedies, custom as a source of law, and "fragmentation" – the relationship of investment law to other international legal regimes, whether the WTO or environment or human rights. Through anchoring reflection on these and other fundamental themes in the case law and related legal developments, we seek to engage the relevant academic community but also practitioners, policymakers, and activists.
This Program encourages scholarship and teaching on topics in the history and theory of international law that are vital to deepening an understanding of the field. The premise of the Program is that the future development of international law depends on sustained theoretical work, including careful historical study, and that collective efforts are needed to enhance worldwide research and teaching in these areas. The Program holds periodic conferences and workshops, sponsors a refereed working paper series, hosts visiting fellows (including faculty from other disciplines, and post-docs), supports research and publications, provides a center bringing together people interested in these fields, and each year offers a set of courses in these areas at the Law School.
This project examines the design of climate finance mechanisms, as well as the institutions and governance mechanisms required to ensure that the decentralized climate finance system functions effectively. It draws on the expertise of NYU Law faculty in climate change, environmental law, development finance, international trade and investment, international transaction taxation and tax policy generally, global institutions, and global regulatory governance. It is closely linked to both the IILJ's Global Administrative Law project and the IILJ's Financing Development program.
International Law and International Organizations: the United Nations and International Financial Institutions
NYU School of Law provides a rich academic environment for the study of private and transactional international law. The Law School offers a diverse array of courses, special internship opportunities, and extra-curricular activities designed to provide students with a solid foundation upon which to develop careers in the fields of private and transactional international law – in an academic, governmental, inter-governmental, or professional setting.
NEW! Hacia el Derecho Administrativo Global: Fundamentos, Principios y Ámbito de Aplicación. Benedict Kingsbury and Richard B. Stewart, Global Law Press, 2016.
The Quiet Power of Indicators: Measuring Governance, Corruption, and Rule of Law. Edited by Sally Engle Merry, Kevin E. Davis, and Benedict Kingsbury.
Governance by Indicators: Global Power through Quantification and Rankings. Edited by Kevin E. Davis, Angelina Fisher, Benedict Kingsbury, and Sally Engle Merry.
Global Administrative Law and Deliberative Democracy. Benedict Kingsbury, Megan Donaldson, and Rodrigo Vallejo, in Oxford Handbook of International Legal Theory, March 2015.
Indicators as a Technology of Global Governance. Kevin E. Davis, Benedict Kingsbury, and Sally Engle Merry, Law and Society Review vol. 46, issue 1, March 2012.
Indicators as Interventions: Pitfalls and Prospects in Supporting Development Initiatives. Kevin E. Davis and Benedict Kingsbury, Rockefeller Foundation, December 2011.
Measuring the World: Indicators, Human Rights, and Global Governance. Sally Engle Merry, Current Anthropology Volume 52, Supplement 3, April 2011.
The Wars of the Romans: A Critical Edition and Translation of De Armis Romanis, Alberico Gentili. Benedict Kingsbury, Benjamin Straumann (eds.), David Lupher (trans.), Oxford University Press, 2011. Review by: David J. Bederman.
The Roman Foundations of the Law of Nations: Alberico Gentili and the Justice of Empire. Benedict Kingsbury and Benjamin Straumann (eds.), Oxford University Press, 2010. Review by: David J. Bederman. Review by Christopher Smith.
Working Paper 2016/1 (MegaReg Series): Richard B. Stewart, State Regulatory Capacity and Administrative Law and Governance under Globalization
Working Paper 2016/2 (MegaReg Series): Eyal Benvenisti, Democracy Captured: The Mega-Regional Agreements and the Future of Global Public Law
Working Paper 2016/3 (MegaReg Series): José E. Alvarez, Is the Trans-Pacific Partnership’s Investment Chapter the New “Gold Standard”?
Working Paper 2016/4 (GAL Series): José E. Alvarez, International Organizations and the Rule of Law
Working Paper 2016/5 (MegaReg Series): Joana Mendes, Paricipation in a new regulatory paradigm: collaboration and constraint in TTIP's regulatory cooperation
Working Paper 2016/6 (GAL Series): José E. Alvarez, Is Investor-State Arbitration 'Public'?
Governance by Indicators: Global Power through Quantification and Rankings. Kevin Davis, Angelina Fisher, Benedict Kingsbury, and Sally Engle Merry (eds.), Oxford University Press (2012).
Essays presented at the 2009 Symposium on Global Administrative Law in the Operations of International Organizations, Laurence Boisson de Chazournes, Lorenzo Casini, and Benedict Kingsbury (eds.), International Organizations Law Review (Vol. 6, no. 2, 2009).
Climate Finance: Regulatory and Funding Strategies for Climate Change and Global Development, Richard B. Stewart, Benedict Kingsbury, and Bryce Rudyk (eds.), NYU Press (2009).
IILJ ESP 24 (2013): J. Benton Heath, Managing the 'Republic of NGOs': Accountability and Legitimation Problems Facing the U.N. Cluster System
IILJ ESP 22 (2012): Ayelet Berman, The Role of Domestic Administrative Law in the Accountability of Transnational Regulatory Networks: The Case of the ICH
Lorenzo Casini, Euan MacDonald, et al, Global Administrative Law: The Casebook (3rd ed.)
J. Benton Heath, Global Emergency Power in the Age of Ebola , Harvard International Law Journal
J. Benton Heath, Human Dignity at Trial: Hard Cases and Broad Concepts in International Criminal Law, George Washington International Law Review
Julian Arato, Treaty Interpretation and Constitutional Transformation: Informal Change in International Organizations, Yale Journal of International Law
Robert Howse & Joanna Langille, Permitting Pluralism: The Seals Products Dispute and Why the WTO Should Permit Trade Restrictions Justifed by Non-Instrumental Moral Values, Yale Journal of International Law
Julian Arato, Constitutional Transformation in the ECtHR: Strasbourg's Expansive Recourse to External Rules of International Law, Brooklyn International Law Journal
Julian Arato, Constitutionality and Constitutionalism Beyond the State: Two Perspectives on the Material Constitution of the United Nations, International Journal of Constitutional Law
Elizabeth Ashamu, Centre for Minority Rights Development (Kenya) and Minority Rights Group International on Behalf of Endorois Welfare Council v Kenya: A Landmark Decision from the African Commission Journal of African Law
Emily Berman, Domestic Intelligence Collection: New Powers, New Risks, Brennan Center for Justice Publication