Virtual Roundtable on International Tribunals — Kickoff

Virtual Roundtable on International Tribunals — Kickoff

As Julian Ku announced a few days ago, over the next few days Opinio Juris will be hosting a virtual preview of a Roundtable on “the Allocation of Normative Power to and among International Tribunals” that will be held at next weekend’s APSA Annual Meeting in Philadelphia. Participants are: Roger Alford, Allison Danner, Jeffrey Dunoff, Laurence Helfer, Julian Ku, Thomas Lee and Kal Raustiala. This group will provide a kaleidescope of views and analyses, posted each day, and I’m grateful that Opinio Juris has provided us with this opportunity to perhaps make the roundtable a bit more meaningful than the standard 90 minute panel, at a conference that has over 700 panels. Myself, I’m just the convener, and below I’ve prepared an overview of the roundtable’s topic, basically encompassing three areas:

1. The allocation of rule-making power between international judiciaries, on one hand, and international political fora, on the other.

2. The allocation of jurisdictional powers between international tribunals among themselves.

3. The allocation of rule-determination and dispute settlement powers between national courts, on one hand, and international courts, on the other.

Some more thoughts on these areas of debate follow. Roundtable participants are invited to reflect on these and related questions, on the interrelationship between the three axes of the problem, and/or on specific expressions or aspects of the issue that they have dealt with in their research. I’m looking forward to some interesting discussion!

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