Ian Johnstone (editor) - Talking International Law: Legal Argumentation Outside the Courtroom

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The Several Contributors 2021

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Library of Congress Cataloging-in-Publication Data

Names: Johnstone, Ian, 1960 editor. | Ratner, Steven, editor.

Title: Talking international law : legal argumentation outside the courtroom /

edited by Ian Johnstone and Steven Ratner.

Description: New York : Oxford University Press, 2021. | Includes index.

Identifiers: LCCN 2021027426 (print) | LCCN 2021027427 (ebook) |

ISBN 9780197588437 (hardback) | ISBN 9780197588451 (epub) |

ISBN 9780197588468 (digital-online) | ISBN 9780197588444 (updf)

Subjects: LCSH: International law. | International lawPolitical aspects. | United Nations.

Classification: LCC KZ3410 .T35 2021 (print) | LCC KZ3410 (ebook) | DDC 341dc23

LC record available at https://lccn.loc.gov/2021027426

LC ebook record available at https://lccn.loc.gov/2021027427

DOI: 10.1093/oso/9780197588437.001.0001

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To

Gabriela

and

Nancy, Ben, and Isabel

Ian Johnstone and Steven Ratner

Ingo Venzke

Monica Hakimi

Scott P. Sheeran

Gina Heathcote

Steven Ratner

Ian Johnstone

Bruno Stagno-Ugarte

Hyeran Jo

Wouter Werner

Namira Negm

Jutta Brunne

Lisbeth Zimmermann

Edward Kwakwa

Kathleen Claussen

Stephen Mathias and Nicolas Perez

Ian Johnstone and Steven Ratner

This genesis of this book probably began several decades ago as each of us made the trek from practicing international lawyer (for the UN and US government) to academic international lawyer. We had each participated in, witnessed, and been fascinated by the practice of international legal argumentation in political and other non-judicial settings and written separately about it. In 2018, we started talking about a new book on this topic, and we were fortunate to find both practitioners and scholars from around the world who shared our goal to provide greater understanding of this phenomenon across a range of issues. We thank all of them for taking the plunge with us.

We gathered with our contributors over two days in Ann Arbor, Michigan, in November 2019 to share insights and personal experiences across disciplines, subject areas, and institutions. We greatly appreciate generous support for that transformative workshop from the University of Michigan Law School, as well as superlative administrative assistance from Marielle Toonen-van Rooij. The editors also appreciate the excellent work of Irina Langenegger of the Fletcher School of Law and Diplomacy at Tufts University and Emma MacFarlane of the University of Michigan Law School in assisting us with the preparation of the index to this book.

In addition, our authors wish to thank the following individuals for research and other assistance with their chapters: Mackenzie Garrity, Philip Stekol, and Isabelle Janssen (Kathleen Claussen); Pegah Eftekhari and Anna Ver Beek (Monica Hakimi); Tsion Demissie Bergano (Namira Negm); Ellen Aldin (Steven Ratner); and Tabea Zimmermann and Franziska Scheppach (Lisbeth Zimmermann).

Finally, we greatly appreciate the support of our editors at Oxford University Press: Merel Alstein, Charlotte Holloway, and Emma Collison.

Jutta Brunne is the Dean & James M. Tory Professor of Law and University Professor at the Faculty of Law, University of Toronto. She was elected Fellow of the Royal Society of Canada in 2013, and Associate of the Institut de Droit International in 2017. In 2019, she taught at the Hague Academy of International Law.

Kathleen Claussen is Associate Professor at the University of Miami School of Law. Her research focuses on trade, investment, foreign relations and national security, and international dispute settlement, among other topics. She is a graduate of the Yale Law School, Queens University Belfast, and Indiana University.

Monica Hakimi is the James V. Campbell Professor of Law at the University of Michigan Law School. Her work ties together the theory and practice of international law, particularly on issues relating to human and national security. She is a member of the Board of Editors of the American Journal of International Law.

Gina Heathcote is Professor of Gender Studies and International Law, School of Law, SOAS, University of London. She is the author of Feminist Dialogues on International Law: Successes, Tensions, Futures (2019) and The International Law on the Use of Force: A Feminist Analysis (2013). She co-authored The Law of War and Peace: A Gender Analysis (Vol. 1) (2021).

Hyeran Jo is Associate Professor of Political Science at Texas A&M University. She is the author of Compliant Rebels: Rebel Groups and International Law (2015). Her research has been supported by the US National Science Foundation, the Alexander von Humboldt Foundation, and the Howard G. Buffett Foundation.

Ian Johnstone is Professor of International Law at The Fletcher School of Law and Diplomacy, Tufts University. From 2018 to 2019, he served as Dean ad interim. Prior to joining Fletcher, Johnstone worked in the United Nations Executive Office of the Secretary-General. His books include The Oxford Handbook of International Organizations (2016).

Edward Kwakwa is Assistant Director General, World Intellectual Property Organization (WIPO), Geneva. Before joining WIPO, he worked as Associate at the law firm OMelveny and Myers. He has also held senior legal positions with the Commission on Global Governance, the Office of the United Nations High Commissioner for Refugees, and the World Trade Organization.