Oslo 14-15 May 2009
Draft papers
The draft papers listed below were presented at the Conference, and will be subject to revision. The drafts are no longer available online.
Session 1: Methods of Interpretation by International Tribunals
The Use of Judgements of other Courts by International Courts
Professor Mads Andenæs (University of Oslo)
The rationale of decisions of international jurisdictions
Professor Hélène Ruiz Fabri (Université Paris 1):
Sources of Law and Arbitral Interpretation of Pari Materia Investment Protection Rules
Martins Paparinskis (University of Oxford)
The dialectic between Unity and Fragmentation of international criminal justice: Overlap, clash or complementarity between International Humanitarian Law, Human Rights Law and International Criminal Law?
Amna Guellali (T.M.C. Asser Institute for International Law, The Hague)
The Relevance of the VCLT for the ECtHR’s Method of Interpreting the Convention in Light of Other International Treaties
Ragnar Nordeide (University of Oslo)
Customary Rules of Interpretation in the Jurisprudence of the WTO Dispute Settlement Bodies – Explicit Recognition, Practical Failures
Lukasz Gruszczynski (European University Institute, Florence)
Session 2: Jurisdictional Overlaps between International Tribunals and Compliance Mechanisms
One Law to Rule Them All: Should International Courts be viewed as Guardians of Legal Uniformity
Professor Yuval Shany, (Hebrew University, Jerusalem)
Competition in the Fragmentation of International Law
William Worster (The Hague University)
Analyzing International Tribunals as Rational Actors: Acting ‘for’ or ‘against’ Fragmentation? An Illustration with the Mox case
Elodie Tranchez (University of Aix-en-Provence)
Resolving Jurisdictional Overlap between the IMF and the WTO
Claus D. Zimmermann (University of Oxford)
Addressing Subregional Challenges to the Unity of African International Human Rights Law
Solomon T. Ebobrah (University of Pretoria)
Session 3: Dialogue or Conflict between International Tribunals and National Courts?
Outline: Interactions of International Tribunals and Domestic Courts in Investment Law (outline only)
Christoph Schreuer (University of Vienna)
Diplomatic Assurances against Torture in International and Domestic Jurisprudence: What Lessons from Inter-Judicial Communication?
Dr. Aristotle Constantinides (University of Cyprus):
The Influence of the Inter-American Court on Human Rights as an Actor of Multilevel Governance: Its Impact on National Legal Orders
Amaya Ubeda de Torres (Free University of Brussels)
Judicial Dialogue in Multi-level Governance: The Impact of the Solange Argument
Antonios Tzanakopoulos (University of Oxford)
Immunity: Multiple Law-Making in Action
Philippa Webb (Yale Law School, New Haven)
Legal Integration through Judicial Dialogue: The Case of Balancing Schemes
Tor-Inge Harbo (European University Institute, Florence)
Session 4: Unity of Fragmentation of International Law: The Practice of Domestic Courts
Flux and Fragmentation in the International Law of State Jurisdiction: The Synecdochal Example of Canada’s Domestic Court Conflicts over Accountability for International Human Rights Violations
Professor Hugh Kindred/Assistant professor Robert J. Currie (Dalhousie University)
The Systemic Integration of International Law by Domestic Courts: Domestic Judges as Architects of the Consistency of the International Legal Order
Jean d'Aspremont (University of Amsterdam)
Subtle but Enduring - The Role of Domestic Courts in the Shaping of International Economic Law through Proper Interpretation of Domestic Law
Andreas R. Ziegler (University of Lausanne)
Equality has no Mother but Sisters: The Preference for Comparative Law over International Law in the Equality Jurisprudence in Namibia
Dunia Zongwe (Cornell Law School, Ithaca)
Unity, Diversity and the Occasional Exception: Racial Discrimination in Japan
Timothy Webster (Yale Law School, New Haven)