The WikiLeaks Saga: What's Next?



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The WikiLeaks Saga: What's Next?
American Society of International Law - The Ritz-Carlton
In the late 1980s, some questioned whether the early ICSID annulments jeopardized the future of ICSID. History, however, seemed to assuage those fears. After a few awards were annulled, annulment petitions became less frequent. Some of the occasional annulments in the ensuing two decades -- such as Vivendi -- were even well received. Over the past year, however, several awards have been annulled. Does this signal a new trend? Does this recent experience threaten the viability or desirability of ICSID arbitration? Can or should the ICSID Secretariat take any steps in this regard?Moderator:EDWARD SWAINEGeorge Washington University Law SchoolSpeakers:DAVID RIVKINBaker & Hostetler LLP and the Federalist SocietyMARY-ROSE PAPANDREABoston College of Law School and the American Constitution SocietySIMON CHESTERMANNational University of Singapore and New York University School of LawInternational law, and the world in which it operates, are increasingly both harmonious and dissonant. The Society’s Annual Meeting in 2011 will focus on the evolution of international law in the context of this paradox.The paradox of simultaneous segmentation and seamlessness raises important questions. Most broadly, when should international law be segmented, and when should it be seamless? What are the mechanisms for deciding this question, and what are the values that inform those decisions? What do these trends say about international law as a coherent system? To what extent are certain groups and their viewpoints excluded or ignored? What does this say about who the influential players within the international legal system are, and how that influence is exercised? What does the existence of competing conceptions of international law itself mean for ASIL's constituents, including judges deciding international issues, practitioners seeking to persuade courts and craft international policy, and scholars seeking to understand and propose solutions to global problems?Society members are uniquely positioned to tackle these questions with their diverse perspectives, experiences, and areas of expertise, and their unifying commitment to investigating the limits and possibilities of international law. We look forward to an exciting and dynamic meeting that will examine such trends, and their implications for international law and legal institutions in the 21st century.