International Law Weekend, New York, United States of America
Set between the two locations of the New York City Bar on 42 West 44th Street and Fordham University School of Law, the 98th annual meeting of the American Branch of the International Law Association convened from 19th – 21st October 2017. The International Law Weekend rolled into the bright lights of New York City and presented a range of topics to seduce any legal mind.
New York was the perfect host to such an event, with the United Nations building to the West, delegates were treated to the full range of delights that New York can offer. Iconic giants such as the Empire State Building, the Statue of Liberty, Broadway, Central Park, 5th Avenue and Grand Central Station dominate this mesmerising place.
The attendees came from all corners of the globe. The conference provided a unique opportunity to mix with practitioners, lecturers and students from other jurisdictions and compare our different approaches to an array of issues. The modern facilities of Fordham University, which is a stones throw from the famous Central Park, provided the perfect arena for two days of talks designed to analyse the role, development and future of International Law.
The à la carte choice on offer for Friday’s session included the full range of topics such as the the use of United Nations sanctions, challenges facing the global finance sector and challenges to Private International Law. I directed myself to a seminar on “The Role of Customary International Law in Challenging Times”. As a practitioner who operates in within the mixed common law areas, one point of particular interest to me was how customary international law has adapted to issues such as women rights and influenced our legal system.
The centrepiece of this event was the inspirational key note address of Sir Christopher Greenwood who sits as a Judge at the International Court of Justice. Sir Greenwood was elected to the ICJ in 2008 and acted in the British Government in the landmark Pinochet case. Sir Greenwood highlighted the drastic development in the use of adjudication, which in 1977 had a grand total of one law report, totalling four pages. Only two of which were in English. Needless to say a contents and bibliography were not required!
Now forty years later, the ICJ has seventeen active cases on its books, from every corner of our planet. There has been the development of fundamental human rights that provide the yardstick for all states to measure themselves to or be measured against. Interestingly, despite all of the clear benefits of such growth, Sir Greenwood left me with a clear message, which was that whilst international courts are important there was a concern that we should not lose sight of the vital role that national courts play in our society.
Saturday once again offered up plenty of choice to all. My chosen course on this day were, “Putting the Humanitarian in Humanitarian Intervention”, “The Global Public/PrivateDivide: Surrogacy, Contract and International Law” and “The Next Step for the ICC”. I was fascinated by the surrogacy talk when viewed from a family law practitioner perspective. In our jurisdiction, the woman who gives birth to the child is always treated as the legal mother. Furthermore, surrogacy contracts are not currently enforceable in our legal system and the payment to any surrogate is illegal.
An interesting note,was how the global system to which we are all connected influences us is so many ways. Currently issues face not only the parents but also the surrogates and the underworld that all parties operate in. This issue reaches to the heart of a woman’s right to her body and considering these with the fundamental principle of “the best interest of the child”. The experienced and esteemed panel discussed the potential for the use of an adoption style framework that we already have in place. The conference highlighted how the large questions posed to our society may have solutions born out of international mechanisms and ideas.
My days in New York were truly amazing and it was a privilege to have attended the 98th annual meeting of the American Branch of the International Law Association. This was an experience that I will never forget and one that I will always be grateful to the Family Law Bar Association and Young Bar Council for affording me.
Jack Henry
Barrister
DF Legal LLP