Friday, Feb. 15, 2008
Welcome and Opening Remarks: 9:00 – 9:30 a.m.
Customary Norms in Public and Private International Adjudicatory Systems
9:30 – 10:30 a.m.
Panelists: Patrick Kelly, Jan Dalhuisen
Moderator: Deborah A. DeMott
According to article 38 of the Statute of the International Court of Justice, the sources of international law are treaties, general principles of law, judicial decisions and scholarly opinions, and “international custom, as evidence of a general practice accepted as law.” This panel will address the role of international custom in transnational arbitration, with particular emphasis on the weight of customary norms in individual disputes and the precedential value of customary norms in future arbitral decisions.
Break: 10:30 – 10:45 a.m.
Arbitration v. Courts – Mechanism and Choice of Forum
10:45 – 12:15 p.m.
Panelists: Thomas E. Carbonneau, Charles H. Brower, II, Christopher A. Whytock
Moderator: Donald L. Horowitz
Why do parties choose to bring disputes before arbitral tribunals rather than national courts? Are arbitral tribunals replacing courts as the dispute-resolution mechanism of choice in transnational cases, or is a counter-trend towards courts emerging? Can arbitral tribunals exist without the enforcement mechanisms of national courts? In this discussion, panelists will answer these questions, and discuss other aspects of the relationship of arbitral and national adjudication.
Lunch Break: 12:15 – 1:15 p.m.
Private Arbitral Decisions and International Court Judgments
1:15 – 2:45 p.m.
Panelists: Ernest A. Young, Mark L. Movsesian, Melissa A. Waters
Moderator: Madeline Morris
Why are many states seemingly not as receptive to the decisions of public international courts as they are to private arbitral decisions? What accounts for this comparative difference; do courts play a different role in these two areas? Panelists will address the role(s) of courts in international arbitration vis-à-vis international adjudication.
Coffee Break: 2:45 – 3:00 p.m.
Private vs. Public International Law – Acceptance and Enforcement
3:00 – 4:30 p.m.
Panelists: William S. Dodge, Ronald A. Brand, Karen Knop
Moderator: Francesca Bignami
Does conflict of laws treat public international law differently from private international law; is any distinct treatment justified? Should choice of law be viewed differently depending on whether the court is applying private international law, public international law, or foreign law by way of comparative law? How does the scope of any inquiry into the reasons for a distinction between private international law and public international law affect the analysis? This panel will discuss these questions and the development of the public-private distinction in the enforcement of international and foreign law.
Closing Remarks: 4:30 – 4:45 p.m.