Oregon Review of International Law

Complexities of Scale:
The Role of the Subnational in International Law

2007 Symposium

University of Oregon School of Law
March 16, 2007

The traditional Westphalian model of international law focuses on the national scale. It privileges nation-states as the primary subjects and objects of international law, and bases its authority on their sovereign and equal consent. Although nation-states continue to provide the formal basis for treaties and customary international law, scholars and policymakers from many different perspectives have increasingly recognized the role of multiple actors in the lawmaking process.

This symposium focuses on a particular aspect of the changing landscape of international law - the increasingly active presence of subnational actors in both formal and informal processes. As more cities and states join the public dialogue over international issues, questions arise about the contours of international lawmaking. The consideration of such questions in turn raises foundational concerns of legitimacy, effectiveness, and equity. The papers and presentations at the symposium will engage multiple aspects of the subnational as a scale for international law.


Schedule

Welcome ( 9:00 - 9:15 - Room 241 )
Eli Van Camp, Editor-in-Chief, Oregon Review of International Law
Dean Margie Paris, University of Oregon School of Law

Introductory Remarks ( 9:15 - 9:30 - Room 241 )
Professor Hari Osofsky, University of Oregon School of Law

Transnational Dialogues With Localities ( 9:30 - 11:00 Room 241 )
Moderator: Professor Ibrahim Gassama, University of Oregon School of Law

  • Professor Keith Aoki, University of Oregon School of Law/UC Davis Law School
    Invisible Cities: Non-Citizen Voting and English-Only Laws
  • Professor Jaemin Lee, Hanyang University College of Law
    The Legal Problems Arising from International Agreement of Local Governments: The Korean Problem
  • Professor Margaret McGuinness, University of Missouri-Columbia College of Law/University of Georgia College of Law
    Think Locally, Act Globally: The Domestic Integration of International Human Rights
Subnational Regions Across Borders ( 11:15 - 12:15 Room 241 )
Moderator: Professor Kyu Ho Youm, University of Oregon School of Journalism and Communication
  • Professor Tom Romero, Hamline University School of Law
    Bound Between & Beyond Borderlands: The North American West and its Contribution to the Development of a Subnational Legal History
  • Ms. Eve Vogel, University Of Oregon Department of Geography
    Empowering Regional Participation in the Columbia River Management Through an International Treaty: Intertwined Scales of Authority
Lunch ( 12:15 - 1:15 Law School Commons )

Keynote Address ( 1:30 - Room 175 )
Remarks by Eli Van Camp
Introduction of Keynote Speaker by Dean Margie Paris and Professor Hari Osofsky
  • Keynote Address: Professor Keith Aoki, University of Oregon School of Law/UC Davis College of Law
    Rethinking the Sabre: The 1907 "Gentlemen's Agreement" Between the U.S. and Japan
Rethinking the Nation-State ( 2:15 - 3:45 Room 241)
Moderator: Professor Alexander Murphy, University of Oregon Department of Geography
  • Professor Christopher Borgen, St. John's University School of Law
    Imagining Sovereignty, Managing Secession
  • Professor Tayyab Mahmud, John Marshall Law School/Seattle University School of Law
    Post-Colonial State-Nation and Its Discontents: A Case Study of Baluchistan
  • Professor Hari Osofsky, University of Oregon School of Law
    The Intersection of Scale, Science, and Law in Massachusetts v. EPA
Supranational Institutions and Transnational Markets ( 4:00 - 5:30 Room 241)
Moderator: Dean Margie Paris, University of Oregon School of Law
  • Professor Michelle McKinley, University of Kansas School of Law
    Moral Geographies and Intimate Spaces
  • Professor Judith Wise, Willamette University College of Law
    Poor Representatives: International Institutional Approaches to Intranational Inequality
  • Professor Lua Yuille, University of Oregon School of Law
    Regional Participation in the EU: Embracing Multilevel Governance or Co-Opting Dissident Voices?
Concluding Remarks ( 5:30 - 5:45 )
  • Professor Alexander Murphy, University of Oregon Department of Geography
Co-Sponsored by: The University of Oregon School of Law, Wayne Morse Center for Law And Politics, and the Student Bar Association
Contact Information: (541) 346-3849 or email.
Website: www.law.uoregon.edu/org/oril/symposium.html

Panelists

Keith Aoki, Phil Knight Professor of Law, University of Oregon School of Law. Professor Aoki sat on the editorial board for the Harvard Environmental Law Review and served on the editorial staff of the Harvard Civil Rights-Civil Liberties Law Review. His areas of interest lay in the intersection of critical theory and the law.

Christopher Borgen, Associate Professor, St. John's University School of Law, teaching International Law, National Security and the Law, and Contracts. He co-founded Opinio Juris, an international law "weblog" devoted to discussion, debate, and reports concerning international law. Professor Borgen was the Director of Research and Outreach at the American Society of International Law, a non-partisan membership organization and think tank.

Jaemin Lee, Professor, Hanyang University Law School, teaching International Law and International Trade Law. Professor Lee is an advisor to the Ministry of Foreign Affairs and Trade of the Republic of Korea on various trade disputes at the WTO including DRAM CVD and Shipbuilding CVD disputes, and provides legal advice to the Korean Foreign Ministry on various issues of international law.

Tayyab Mahmud, Professor, Seattle University School of Law. Professor Mahmud serves on the editorial boards of several academic journals, is Co-President and a member of the Board of Governors of the Society of American Law Teachers (SALT), and a member of the Board of Directors of Latina/o Critical Legal Studies (LatCrit).

Margaret McGuinness, Associate Professor, University of Missouri School of Law. Professor McGuinness was Special Assistant to Secretary of State Warren Christopher from 1993-1994. She has published in the areas of mediation in armed conflict, the status of refugees in conflict zones, and the role of the UN in war.

Michelle McKinley, Professor, University of Kansas School of Law

Hari Osofsky, Assistant Professor, University of Oregon School of Law. In her recent advocacy work, she has served as lead counsel on a Second Circuit amicus brief in Sahu v. Union Carbide Corp., as well as assisted with Earthjustice's annual submissions to the U.N. Human Rights Commission on environmental rights and with the Inuit Circumpolar Conference's petition to the Inter-American Commission on Human Rights.

Tom Romero, Professor, Hamline University School of Law. Dr. Romero has researched and presented extensively before academic conferences and bar associations on the legal history of the American West, social movements, and racial formation in law and society. Additionally, Dr. Romero serves on the Board of Directors of Centro Legal, Inc and on the Advisory Committee of El Fondo de Nuestra Comunidad.

Eve Vogel, Ph.D Candidate, Geography, University of Oregon

Judith Wise, Assistant Professor, Willamette University School of Law. Professor Wise served for two years as law clerk to Judge Jane A. Restani of the U.S. Court of International Trade in New York before working for six years in the New York office of Skadden, Arps, Slate, Meagher & Flom LLP, where she specialized in both cross-border and domestic mergers and acquisitions, as well as new securitization products for the reinsurance industry.

Lua Yuille, Visiting Professor, University of Oregon School of Law. During 2003, Professor Yuille worked for Chief Magistrate Judge Andrew J. Peck in the Southern District of New York, and after law school, she clerked for the Honorable Dorothy W. Nelson of the Ninth Circuit Court of Appeals. Before her clerkship, Professor Yuille practiced law with Cleary Gottlieb Steen & Hamilton LLP in New York. She has also worked with youth in South Africa and prisoners in the Bahamas.


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