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Zoom
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Event description
Join Professor Caroline Foster (University of Auckland) in conversation with Dr Esme Shirlow (ANU Law), Professor Margaret Young (University of Melbourne) and Professor Chester Brown (University of Sydney) to launch her new book 'Global Regulatory Standards in Environmental and Health Disputes: Regulatory Coherence, Due Regard, and Due Diligence'.
About the book:
Potentially global regulatory standards are emerging from the environmental and health jurisprudence of the International Court of Justice, the World Trade Organization, under the United Nations Convention on the Law of the Sea, and investor-state dispute settlement. Most prominent are the three standards of regulatory coherence, due regard for the rights of others, and due diligence in the prevention of harm. These global regulatory standards are a phenomenon of our times, representing a new contribution to the ordering of the relationship between domestic and international law, and inferring a revised conception of sovereignty in an increasingly pluralistic global legal era. However, considered with regard to jurisprudential theory on relative authority, the legitimacy of the resulting ‘standards-enriched’ international law remains open to question. Procedurally, although they are well-placed to provide valuable input, international courts and tribunals should not be the only fora in which these standards are elaborated. Substantively, challenges and opportunities lie ahead in the ongoing development of global regulatory standards. Debate over whether regulatory coherence should go beyond reasonableness and rationality requirements and require proportionality in the relationship between regulatory measures and their objectives is central. Due regard, the most novel of the emerging standards, may help protect international law’s legitimacy claims in the interim. Meanwhile, all actors should attend to the integration rather than the fragmentation of international law, and to changes in the status of private actors.
Speakers
Featured Speakers
Dr. Caroline Foster's field is public international law. Dr. Foster holds an LLM (First Class) and PhD from the University of Cambridge, where she took the Whewell Scholarship in International Law in 1997. She has visited the Lauterpacht Research Centre for International Law at the University of Cambridge a number of times since as a Visiting Fellow.
Professor Chester Brown is Professor of International Law and International Arbitration at the University of Sydney Law School, and the Law School's Director of Global Engagement. He is also a Barrister at 7 Wentworth Selborne Chambers, Sydney, and an Overseas Member of Essex Court Chambers, London. He teaches and researches in the fields of public international law, international dispute settlement, international arbitration, international investment law, and private international law. He also maintains a practice in these fields, and has been involved as counsel, expert, and arbitrator in various proceedings, including before the International Court of Justice, the Iran-United States Claims Tribunal, inter-State and investor-State tribunals, as well as in inter-State conciliation proceedings, international commercial arbitrations, and domestic court proceedings.
Esmé Shirlow teaches and researches in the fields of public international law, international dispute settlement, and international investment law and arbitration. She currently serves as an assistant to a number of investment treaty tribunals, and has previously also advised parties to investment treaty claims and in proceedings before the International Court of Justice. Esmé is admitted as a Solicitor in the Australian Capital Territory and trained as a civil and commercial mediator in England. Prior to joining the ANU, she worked in the Australian Government’s Office of International Law.
Professor Margaret A. Young is a Professor at Melbourne Law School who specialises in public international law, the law of the sea, international trade law, climate change and environmental law. She is currently leading an Australian Research Council-funded project with Professor Hilary Charlesworth on ‘The Potential and Limits of International Adjudication’. Her last book, The Impact of Climate Change Mitigation on Indigenous and Forest Communities (CUP, 2017) won the Certificate of Merit in a Specialized Area of International Law from the American Society of International Law in 2019. She was awarded the International Union for Conservation of Nature (IUCN) Academy of Environmental Law Junior Scholar Prize and the University of Melbourne Woodward Medal in Humanities and Social Sciences for her work Trading Fish, Saving Fish: The Interaction between Regimes in International Law (CUP, 2011).