Annual CCIL Conference: A Return to Transnational Criminal Law
November 2017 -- International criminal law may grab the headlines, but it is thanks to transnational criminal law that we can address the nuts and bolts of serious cross-border crime. Delighted to contribute to a panel to encourage "A Return to Transnational Criminal Law" at the 46th annual conference of the Canadian Council on International Law (CCIL) in Ottawa. Chaired by Professor and Dean Christopher Waters of the University of Windsor Faculty of Law, the panel also featured contributions by Professor Rob Currie of the Schulich School of Law at Dalhousie University, Jeffrey Johnston from the International Assistance Group at Justice Canada, and Assistant Professor Sara Wharton of the University of Windsor Faculty of Law.
Humanizing Warfare: Successes and Challenges for the Laws of War
October 2017 -- Continuing with a long-established tradition of publicizing the existence of rules for the conduct of war, the University of Saskatchewan College of Law hosted a conference on "Humanizing Warfare: Successes and Challenges with Implementing the Law of Armed Conflict", bringing together legal advisers with the Canadian Red Cross and the International Committee of the Red Cross (ICRC) and legal academics with practice experience from defence and foreign affairs perspectives. It was an honour to be asked to present on accountability for violations of the laws and customs of war.
Open to law students, the wider university community, and the public, the event was also live-streamed to the Nunavut Arctic College in Iqaluit. Many thanks to our host and moderator, Assistant Professor Karinne Coombes of the University of Saskatchewan, and to fellow panellists, Andrew Carswell of the International Committee of the Red Cross, Associate Professor Christopher Penny of Carleton University, and Jonathan Somer of the Canadian Red Cross.
Downtown Charter Series: Making Sense of the Charter
September 2017 -- Many thanks to the Centre for Constitutional Studies for the invitation to be a part of the "Downtown Charter Series" of talks for the public about the Canadian Charter of Rights and Freedoms. It was a pleasure to have such a large and engaged audience for a discussion on the art of interpretation. Topics covered included the need for a dynamic, purposive interpretation that takes into account our national values and the balance to be achieved between rights protection and accommodation. Many thanks to the audience for the great questions received.
Canadian Bar Association-Alberta panel on the implications of Brexit
June 2017 -- Delighted to join Britain's Consul General in Calgary, Caroline Saunders, and others, for a panel discussion on the implications of Brexit and the possible implications for Canada-Britain relations. Many thanks to the International Business (South) section of the Alberta Branch of the Canadian Bar Association for the invitation to participate, and to the members of the Calgary legal community for some great questions about the implications of negotiating both a withdrawal agreement and a new future trade relationship.
ICRC-Cardozo workshop on "International Law and National Security"
May 2017 -- Many thanks to the Washington Delegation of the International Committee of the Red Cross and the Benjamin N Cardozo School of Law at Yeshiva University in New York for hosting an “International Law and National Security” papers workshop, bringing together experts and views from both within and outside the United States. The workshop was a great opportunity to hear, and think further, about current discussions concerning the law on targeting, the classification of conflicts and the emergence of a transnational or global non-international armed conflict, and the continuing controversies regarding the extent of application for human rights law in situations of armed conflict.
Also organized was an evening panel discussion, open to the public, on views from abroad on current trends in targeting, detention and trials. Many thanks to both the moderator, Professor Beth Van Schaack of Stanford Law School, and to fellow panellists, Professor Kevin Jon Heller of the University of London-SOAS and the University of Amsterdam, Professor Noam Lubell of the University of Essex, and Professor Marko Milanovic of the University of Nottingham.
Canadian efforts to address the corruption of foreign public officials
May 2017 – Professor Joanna Harrington presented on Canada’s legislative scheme for addressing the bribery of foreign public officials at the “Transnational Criminal Law in the Americas” conference hosted by the Faculty of Law at the University of Windsor. Noting criticisms from within the OECD, as well as the NGO community, regarding the few prosecutions in Canada of foreign corruption, her presentation also drew attention to the challenges posed by immunities, as well as the need for a greater focus on asset recovery. She also queried whether plea agreements can provide a full accounting for the wrong, with suggestions that corruption is a victimless crime downplaying the wider societal impacts of the misuse and misallocation of public resources. Many thanks to Assistant Professor Sara Wharton at Windsor Law for her efforts in organizing a Canada-based conference focussed on transnational (rather than international) criminal law.
Chatham House roundtable on international law in China
November 2016 -- Many thanks to the international think tank Chatham House (The Royal Institute for International Affairs) for organizing a two-day roundtable on international dispute settlement and the protection of individual rights in Beijing.
Held at the China University of Political Science and Law (CUPL), the workshop brought together Chinese academics from prominent institutions in both Beijing and Shanghai with academics from leading universities in Australia, Germany, Singapore, Switzerland, the United Kingdom, and now Canada, with Professor Joanna Harrington presenting on the topic of "Corruption and International Law: Challenges and Developments".
Recognizing China's important role in international affairs, the Chatham House project on “China and the Future of the International Legal Order” seeks to build a stronger understanding of China’s approach to international law. A central plank of the project is the holding of roundtable meetings for the exchange of views and the facilitation of face-to-face discussions under the auspices of the famous “Chatham House rule” (e.g. information at a meeting may be reported, but the source may not be identified).
Accountability for Sexual Exploitation and Abuse by UN Peacekeepers
November 2016 -- Honoured to be a part of a well-attended panel discussion on sexual exploitation and abuse by UN peacekeepers organized by the Office of the Judge Advocate General of the Canadian Armed Forces as part of the 45th annual conference of the Canadian Council on International Law (CCIL) in Ottawa. The presentations considered various mechanisms for securing accountability, both civil and criminal, as well as more robust victim assistance, alongside the legal challenges posed by issues of jurisdiction, extraterritoriality, and immunity.
Cambridge Conference on the Unity of Public Law
September 2016 -- Professor Joanna Harrington presented a paper on improving the working methods of the UN human rights treaty bodies at a leading public law conference held at the University of Cambridge. Her paper argued for a public law inspired approach to reform, favouring greater transparency, improved engagement with all stakeholders, including States, and the giving of reasons for interim as well as final decisions. In recent years, concerns about accountability, transparency, and participation have arisen within various fields of international law, along with an overarching concern about legitimacy, especially in light of the growth in international institutions that exercise public power. Concluding with a comment about putting the 'public' back into public international law, Harrington’s work in this area reflects a wider scholarly trend on what has been termed the ‘constitutionalization’ of international law.
List of Recent Presentations
Conferences and workshops
Engagement with the legal profession
- J. Harrington, "Past Guidance for Present Challenges in Transnational Criminal Law" at the 46th annual conference of the Canadian Council on International Law on "Canada at 150: The Return of History for International Law", Ottawa, Canada, 2-3 November 2017
- J. Harrington, "Accountability" at the "Humanizing Warfare: Successes and Challenges with Implementing the Law of Armed Conflict" conference organized by the Canadian Red Cross and the College of Law at the University of Saskatchewan, Saskatoon, Canada, 27 October 2017
- J. Harrington, "A Canadian Perspective on Targeting, Detention, and Trials" for a panel discussion on "International Law and National Security: A View from Abroad on Current Trends in Targeting, Detention, and Trials" organized by the International Committee of the Red Cross and Cardozo Law School, New York, USA, 18 May 2017
- J. Harrington, “Canada and the Corruption of Foreign Public Officials: Developments and Challenges” for the “Transnational Criminal Law in the Americas” conference at the Faculty of Law, University of Windsor, Windsor, Canada, 4-5 May 2017
- J. Harrington, “Corruption in International Law: Challenges and Developments” at the “Roundtable on Peaceful Settlement of International Disputes and Protection of Individual Rights” organized by Chatham House and the China University of Political Science and Law, Beijing, People’s Republic of China, 26-27 November 2016
- J. Harrington, “Sexualized Violence: Accountability of Peacekeepers”, a panel presentation organized by the Military Justice division of the Office of the Judge Advocate General of the Canadian Armed Forces for the 45th annual conference of the Canadian Council on International Law, Ottawa, Canada, 3-5 November 2016
- J. Harrington, “Applying Public Law Principles to the UN Human Rights Bodies: Supporting the Call for Change to Working Methods” at the biennial conference on “The Unity of Public Law?” hosted by the Centre for Public Law at the University of Cambridge, United Kingdom, 12-14 September 2016
- J. Harrington, “Illuminations or Further Complexities? The Role of the Human Rights Treaty-Monitoring Bodies” at the “Transatlantic Workshop on International Law and Armed Conflict” co-sponsored by the International Committee of the Red Cross, the Oxford Institute for Ethics, Law and Armed Conflict, the Oxford Martin Programme on Human Rights for Future Generations, the Robert S. Strauss Center for International Security and Law, and the South Texas College of Law at Pembroke College, University of Oxford, United Kingdom, 15-16 July 2015
- J. Harrington, “A Perspective from the Americas on Interim Measures of Protection” at the “Urgency and Human Rights” conference organized by the Department of International and European Law at Radboud University, in cooperation with the Departimento di Giurisprudenza at the Seconda Universitá di Napoli and the Ghent Human Rights Centre of Belgium at Nijmegen, Netherlands, 29-30 May 2015
- J. Harrington, “The UN Security Council, its Working Methods, and Institutional Change” at the 22nd annual conference of the Australian and New Zealand Society of International Law at the Australian National University, Canberra, Australia, 3-5 July 2014
- J. Harrington, “Exploring the Canadian in 50 Years of Canadian International Law Scholarship” at the 42nd annual conference of the Canadian Council on International Law, Ottawa, Canada, 14-16 November 2013
- J. Harrington, “Accountability and Responsibility of International Organizations: The Contributions of the International Law Commission” at the “US/Canada International Humanitarian Law Workshop” organized by the International Committee of the Red Cross (Washington Delegation) and the Center on Law, Ethics and National Security at Duke University, Durham, North Carolina, USA, 3-4 October 2013
- J. Harrington, “Rule of Law Restraints on the Use of Force: Unfinished Business for the Responsibility to Protect” at the “The United Nations Security Council, Force and the Rule of Law” workshop organized by the Australian National University’s Centre for International Governance and Justice and the Australian Civil-Military Centre in cooperation with Australia’s Permanent Mission to the United Nations, New York, USA, 13 June 2013
- J. Harrington, “China, the Responsibility to Protect, and an Opportunity for Leadership?” at the 2013 ILA-ASIL Asia-Pacific Research Forum on “International Law and Dispute Resolution: Challenges in the Asia Pacific” in Taipei, Taiwan, Republic of China, 15-16 May 2013
- J. Harrington, “Responsibility while Protecting and the Impact on the Responsibility to Protect” at the ninth International Law Forum on “Developing International Law and Global Governance” hosted by the Institute of International Law of the Chinese Academy of Social Sciences (CASS) in Beijing, People’s Republic of China, 17-18 November 2012
- J. Harrington, “Canadian Perspectives on International Law and Relations with Latin America” at the biannual conference of the Latin American Society of International Law on “Latin America: Heritage and Inheritance in International Law”, Rio de Janeiro, Brazil, 23-24 August 2012
Engagement with the legal profession
- J. Harrington, “Legal Implications of Brexit”, Canadian Bar Association (Alberta Branch), International Business Law Section (South), Calgary, Canada, 20 June 2017
- J. Harrington, “From Scotland to Sudan: Legal Implications of the Creation of New States,” Canadian Bar Association (Alberta Branch), International Business Law Section (South), Calgary, Canada, 27 January 2015
- J. Harrington, “Interim Measures in International Human Rights Proceedings”, 7th national conference of the Canadian Association of Refugee Lawyers, held in Vancouver, Toronto, Ottawa and Montreal via simultaneous broadcasting, 16 October 2014
- J. Harrington, “International Human Rights Monitoring Bodies and International Criminal Law: Using the Output of Committees, Commissions, Councils and Courts” for the “The Practice of International Law” conference organized by the Canadian Centre for International Justice (CCIJ) in cooperation with the Law Foundation of British Columbia at the Peter A. Allard School of Law at the University of British Columbia, Vancouver, Canada, 12-13 October 2012
- J. Harrington, "Interpreting the Charter", Downtown Charter Series, Centre for Constitutional Studies, 14 September 2017
- J. Harrington, “Urgent Human Rights Situations and Interim Measures of Protection: Problems of Compliance, Legitimacy and Effectiveness”, Department of Government, The University of Texas at Austin, 4 May 2016
- J. Harrington, “Urgent Human Rights Situations and Interim Measures of Protection,” Faculty of Laws, University College London, 20 November 2015
- J. Harrington, “Neighbourliness, National Values, and Counter-Terrorism Efforts: A Canadian Perspective,” Faculty of Law, University of Western Australia, Perth, Australia, 23 February 2015
- J. Harrington, “Use of Force, Rule of Law Restraints, and Process: Unfinished Business for the Responsibility to Protect Concept,” Centre for International Policy Studies and Faculty of Law, University of Ottawa, 7 March 2014
- J. Harrington, “The International Rule of Law: The Role for Law and Lawyers,” University of Alberta President’s Society Annual Dinner, Royal Ontario Museum, Toronto, Canada, 12 November 2013
- J. Harrington, “Climate Change, Human Rights, and the Right to be Cold,” Faculty of Law, National Cheng Chung University, Chia-yi county, Republic of China, 13 May 2013
- J. Harrington, “How Universal Human Rights Impact on Leadership: Corporate Social Responsibility and the New UN Guiding Principles on Business and Human Rights,” FHR Lim A Po Institute for Social Studies, Paramaribo, Suriname, 22 February 2012