International Courts and Tribunals Interest Group Business Meeting
By Catherine Moore, Web Content Editor for the International Courts and Tribunals Interest Group (ICTIG).
This article was originally posted on ASIL Cables, April 9, 2016.
The International Courts and Tribunal Interest Group’s (ICTIG) Business Meeting this year featured a works-in-progress event on Regional Approaches to International Adjudication with ICTIG's European Society of International Law (ESIL) counterparts on Friday, April 1. ASIL ICTIG Co-Chair Nienke Grossman and ESIL representative Geir Ulfstein moderated the event. After a joint call for papers, three were selected: Thomas Antkowiak, on “The American Convention on Human Rights: Essential Rights;” Margaret DeGuzman, on “Emerging Regional Criminal Law: The Proposed African Criminal Court;” and Alan Tzvika Nissel, on “New Responsibility for New States: 1870-1900.”
Antkowiak’s paper focused on the American Convention on Human Rights and the Court’s interpretation of reparations in this system. His paper advocates that the tribunal should take a Victim Centered Approach to reparations, prioritizing victim requests over monetary damages, specifically when addressing economic, social, and cultural rights, since monetary restitution does not always respond to the violation in question. DeGuzman’s paper focused on the new African Criminal Court, where she proposes a burden sharing approach to the complementarity of the court. Given that the statute for the new court virtually mirrors the Rome Statute, the paper addresses the potential conflict and interaction between the International Criminal Court and the African Court. As both courts rest on the principle of complementarity, She presents a theory that in the hierarchy of the courts, national courts would still have first priority, followed by the African Court and then the ICC. However, in instances where a global norm is implicated, such as the use of child soldiers, she proposes that it may make more sense to refer such cases to the ICC since it has more resources. Finally, Nissel presented his paper on state responsibility and U.S. diplomacy in Latin America in the late 19th century. This particular piece is a part of a larger book applying a historical approach to this area of law, and which posits that it was the United States, through its use of international arbitration to resolve diplomatic disputes, which actually created the law on state responsibility.
The papers were followed by a lively question and answer session in the packed Glacier room at the Hyatt. Given the success of this joint event, both ASIL and ESIL ICTIG intend to continue to work jointly on such efforts in the future. The panel was followed with a presentation by the Co-Chairs, Nienke Grossman andTamara Shockley, on the events of 2015 and future plans for 2016. An update on the IG web presence was provided by Web Content Editor, Catherine Moore. Members were encouraged to actively participate on the IG page, including posting their scholarship, call for papers, and events that may be of interest to IG members. The Co-Chairs and the ICTIG Advisory Board are looking forward to a fruitful 2016!