A Brief Report on "The 3rd Biennial Conference of the European Society of International Law held in Heidelberg, 4-6 September 2008
The 3rd Biennial Conference of the European Society of International Law(ESIL) in this year was held in Heidelberg and is entitled as:”INTERNATIONAL LAW IN A HETEROGENEOUS WORLD”. It is the first time for the ESIL to organize a biennial conference in association with the Max Planck Institute for Comparative Public Law and International Law. This conference began in the afternoon of 4 September 2008 and ended on the evening of 6 September 2008.
In addition to 2 plenary sessions, there were 8 fora and 7 thematic agorae where invited representatives attended in corresponding to their interests. An ESIL general assembly meeting was held simultaneously, in which the main topic would be considered by all 15 panels. Two keynote speeches and one concluding round table were presented, focusing on certain sector or branch which poses challenges to contemporary international law, and with particular regards to perspectives contributed by heterogeneous European scholars.
As usual, the purposes of all thematic agorae and fora were to encourage young researchers of international law to contribute on ongoing issues, stimulate exchanges of ideas on specific areas of international law, and to establish connections among all participants. Originally, the Agorae were merely workshops that enabling the sharing of new ideas among groups of colleagues specialized or particularly interested in a specific workshop theme. However, now they have advanced to a new stage and opened a new gate for young researchers and their ideas.
During the first Plenary Session, Bruno Simma, Judge of the International Court of Justice in Hagues, gave a key-note speech on the role of International Law in a heterogeneous world, in which he addressed the issue "Universality of International Law from the Perspective of a Practitioner". His presentation was mainly based on a series of case law of the International Court of Justice. In elaborating and analyzing some legal conceptions of International Law concerning the protection of human rights, he was trying to argue for the legitimacy pull of International Law. However, she concluded that the methodology applied by the Court was uncertain and what is more, different methodologies were adopted in different areas.
Agorae and Fora that I participated
Immigration/Migration: How states cope with increasing pluralism within their societies: the role of international law, Forum 2.
This forum focused on different issues related to the entry, stay and exit of immigrants from both an international and regional (mainly European) perspective. It examined issues such as: limits on entry and visa policies (including recent developments in EU law like the Green Paper on managing economic migration); trafficking in human beings and transnational organized crime; the right to family reunification; the asylum system; or actions to combat illegal immigration (promoting the return of illegal immigrants, immigration and development, etc.). Another addressed issues also deal with the’ legal status (i.e. their rights and duties), of immigrants, such as: distinctions between legal and illegal immigrants; special protection for migrant workers and their families; the idea of a jus cogens norm on the fundamental human rights of migrants; anti-discrimination measures; the right to religious freedom in the context of the Council of Europe and the EU (multiculturalism, accommodation, integration, etc.); the problem of ‘detention centers’ (NGOs, humanitarian assistance and the role of the State); international terrorism and immigration, etc. Finally, it discussed the expulsion of aliens, paying special attention to the work of the ILC, deportation as a crime against humanity, forced repatriation, and etc.
International Organizations, Institutions and Administration, Agora 2
1. Controlling International Organizations
Papers presented in this session dealt with the responsibility and accountability of international organizations, but also things such as newly emerging issues in the field of international or global administrative law. Also, in this session, there were discussions on the constitutionalism and the rule of law in international institutional law.
2. International Organizations and Competing Modalities of Cooperation
It enabled discussions of |