M. Peil: The Significance of Scholarship for the Jurisprudence of the International Court of Justice
07.05.2012 (18:00)Uni Jena / Calr-Zeiss-Str. 3 / Raum 2.43 / // Jena
Zum oben genannten Thema spricht:
Michael A. Peil
Associate Dean for International Pograms,
Washington University, St. Louis
Professor Dr. Sharon Byrd, LL.M.
Lecturer in Law and Associate Dean for International Programs, Washington University in St. Louis, School of Law Michael Peil joined Washington University School of Law in 2006, and teaches International Law, European Union Law, and Professional Responsibility. He is presently a Visiting Scholar in the Faculty of Law, Economics & Governance at Utrecht University in The Netherlands. From 2001 to 2006, Peil served as the Executive Director of the International Law Students Association (ILSA) and was responsible for the administration of the Jessup Competition worldwide. During his tenure, the Competition expanded from about 300 teams in 68 countries to nearly 600 teams in 86 countries. In particular, Dean Peil worked with White & Case and other sponsors to establish the first-ever Russian National Rounds of the Jessup Competition in 2002. Peil was the author of the 2007 Jessup Compromis, and has served as an editor and advisor on several other Jessup Problems. He is a member of ILSA`s Board of Directors, and has judged oral and Memorials at countless International and National Rounds. Peil received his bachelor of arts degree from Wake Forest University, where he studied Mechanical Mathematics for one semester as a stazhyor at Moscow State University. He received his Juris Doctor from Cornell Law School, with specialties in public law and international law.
Michael A. Peil beschreibt seinen englischsprachigen Vortrag wie folgt:
"Article 38(1) of the Statute of the International Court of Justice sets out legal bases the Court may apply in rendering its decisions. In addition to the three principle sources of international law, the International Court of Justice is permitted to rely upon “the teachings of the most highly-qualified publicists of the various nations.” Furthermore, unlike the other three sources of law, the Court may use publicists only “as subsidiary means for the determination of rules of law.” This raises several important questions: Who are these “most highly-qualified publicists,” and what are their relevant "teachings?" Furthermore, what is the significance of the relegation of publicists to “subsidiary” status? Based upon a thorough review of the judgments, orders, opinions, and individual opinions of the Court and its judges, Dean Peil will discuss some preliminary findings concerning the application of Article 38(1)(d) and examine whether, with the growth of other sources (most notably, the established case law of the Court itself and other international tribunals), these questions have continuing relevance."
Wir würden uns freuen, Sie zu dieser Veranstaltung – gerne auch mit Gästen – begrüßen zu können.
Mit freundlichen Grüßen
Dr. Ludwig Leyendecker Prof. Dr. Sharon Byrd