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Program in the History and Theory of International Law: Former Visiting Fellows

Visiting Fellows and Doctoral Researchers 2008-9

Benjamin Straumann
Alberico Gentili Fellow

Benjamin Straumann is a Visiting Assistant Professor in the History Department at New York University and Alberico Gentili Fellow at New York University School of Law.  He is chiefly interested in classical political and legal thought, the history of natural and international law, natural rights and social contract theories, and the early modern reception of classical political thought and Roman law.  Benjamin is the author of Hugo Grotius und die Antike (Nomos, 2007) and editor, with Benedict Kingsbury, for Oxford University Press of Alberico Gentili's The Roman Wars (De Armis Romanis, 1599), with an English translation and critical notes by David Lupher.  Having recently received a three-year (2008-2011) Fellowship for Advanced Researchers from the Swiss National Science Foundation, Benjamin has also started research on a project on dictatorship and emergency powers in European intellectual history under the working title  “Dictatorship and Emergency Powers in the Constitution of the Late Roman Republic and in the History of Political Thought.”

Benjamin received his Ph.D. (insigni cum laude) from the University of Zurich (2005) after studies in Zurich and Rome.  He has been a Samuel I. Golieb Fellow in legal history and a Global Research Fellow at NYU Law School, a Visiting Scholar at Columbia University, and an Erasmus Scholar at Università degli Studi Roma Tre.  Benjamin has also worked for the Swiss Mission to the United Nations in New York. 

Books:

Forthcoming, Alberico Gentili’s Wars of the Romans. Ed. and with an introduction by Benedict Kingsbury and Benjamin Straumann, trans. David Lupher. Oxford: Oxford University Press.

Forthcoming, A Just Empire? The Roman Foundations of Alberico Gentili's Legal World Order. Edited and with an Introduction by Benedict Kingsbury and Benjamin Straumann. Oxford: Oxford University Press.

2007, Hugo Grotius und die Antike. Römisches Recht und römische Ethik im frühneuzeitlichen Naturrecht. Studien zur Geschichte des Völkerrechts 14, ed. A. Bogdandy, M. Stolleis. Baden-Baden: Nomos Verlagsgesellschaft, 2007.              [Reviews: Christian Gizewski, Historische Zeitschrift 287 (2008), pp. 123f.; Randall Lesaffer, Journal of the History of International Law 10 (2008), pp. 343-347; Gerhard Köbler, Zeitschrift der Savigny-Stiftung für Rechtsgeschichte Germanistische Abteilung 127 (2010).]

 Articles:

Forthcoming, (with Lauren Benton), “Acquiring Empire by Law.  From Roman Doctrine to Early Modern European Practice,” Law and History Review (2009).

2009, “Is Modern Liberty Ancient? Roman Remedies and Natural Rights in Hugo Grotius’ Early Works on Natural Law,” Law and History Review 27, no. 1 (Spring 2009), pp. 55-85.

2008, “The Peace of Westphalia as a Secular Constitution,” Constellations 15, no. 2 (2008), pp. 173-188.

2007, “Natural Rights and Roman Law in Hugo Grotius’s Theses LVI, De iure praedae and Defensio capitis quinti maris liberi,” Grotiana New Series 26-28 (2005-2007), pp. 341-365.

2006, “‘Ancient Caesarian Lawyers’ in a State of Nature: Roman Tradition and Natural Rights in Hugo Grotius’ De iure praedae,” Political Theory 34, no. 3 (2006), pp. 328-350.

2006, “The Right to Punish as a Just Cause of War in Hugo Grotius’ Natural Law,” Studies in the History of Ethics 2 (February 2006), pp. 1-20. http://www.historyofethics.org/022006/022006Straumann.shtml

2004, “Appetitus societatis and oikeiosis: Hugo Grotius’ Ciceronian Argument for Natural Law and Just War,” Grotiana New Series 24/25 (2003/2004), pp. 41-66.

Encyclopedia entries and book chapters:

Forthcoming, (with Benedict Kingsbury), “State of Nature versus Commercial Sociability as the Basis of International Law: Reflections on the Roman Foundations and Current Interpretations of the International Political and Legal Thought of Grotius, Hobbes, and Pufendorf,” in: Philosophy of International Law, ed. by Samantha Besson and John Tasioulas, Oxford: Oxford University Press, 2009.

Forthcoming, “Rome. I. History and Interpretation. D. Discussing Rome in Culture and Scholarship, 2.-5. E. The Idea of Rome; Rome as Argument, 1.-2., 4.-5.,” in: Brill's New Pauly. Encyclopaedia of the Ancient World, ed. by Manfred Landfester, in association with Hubert Cancik and Helmuth Schneider, Classical Tradition, Leiden: Brill Academic Publishers. [English edition of my 2002 article in Der Neue Pauly.]

2002, “Rom. I. Geschichte und Deutung. D. Die Auseinandersetzung mit Rom in Kultur und Wissenschaft, 2.-5. E. Rom-Idee; Rom als Argument, 1.-2., 4.-5.,” in: Der Neue Pauly. Enzyklopädie der Antike, ed. by Manfred Landfester, in association with Hubert Cancik and Helmuth Schneider, Rezeptions- und Wissenschaftsgeschichte, Band XV/2, Pae-Sch, Stuttgart & Weimar: J.B. Metzler 2002, pp. 863-879.  [              Review: C. Kallendorf, “Rezeptionsgeschichte Comes of Age: Der Neue Pauly and the Classical Tradition, II,” International Journal of the Classical Tradition 11, no. 2 (2004), p. 298.]

Reviews:

Forthcoming, Sabine MacCormack, On the Wings of Time. Rome, the Incas, Spain, and Peru (Princeton: Princeton University Press, 2007), in International Journal of the Classical Tradition 15, no. 1 (2008).

2008, Wilfried Nippel, Antike oder moderne Freiheit? Die Begründung der Demokratie in Athen und in der Neuzeit (Frankfurt a. M.: Fischer, 2008), in Bryn Mawr Classical Review 2008.10.31.

2007, “Ius erat in armis: The Roman and Spanish Empires and Their Discontents,” International Journal of the Classical Tradition 13, 4 (2007), pp. 597-607. [Review Essay on Lupher, David. Romans in a New World: Classical Models in Sixteenth-Century Spanish America. Ann Arbor: Michigan University Press, 2003.]

 

Nehal Bhuta
Hauser Research Scholar

Nehal Bhuta , BA 1999 (Melbourne), LLB 1999 (Hons) (Melbourne), MA 2004 (Poli. Sci., New School for Social Research), LLM 2005 (NYU), is an Assistant Professor of Law at the University of Toronto. He has previously worked with the International Justice Program of Human Rights Watch and as a consultant for the International Center for Transitional Justice in New York. His areas of interest are human rights law, humanitarian law, political theory and political economy. He is admitted to practice in Victoria, Australia, and has worked as a clerk in the Federal Court of Australia.

As a Hauser Research Scholar, he will be working on a book manuscript under contract for Columbia University Press, entitled "Between Power and Principle: International Law and Politics after Iraq". He will consider the extent to which the Iraq war and certain aspects of its aftermath may be considered a crucible for certain tensions and contradictory developments in the international legal order after 1989.

Nuhaila Carmouche
Visiting Doctoral Researcher

Nuhaila is a Visiting Doctoral Researcher on exchange from the European University Institute (Florence, Italy). Nuhaila is writing a thesis on the "Conceptual Aspects of Global Administrative Law" Prior to beginning her doctoral research at the EUI, Nuhaila completed her LLM at the University of Cambridge. Nuhaila has conducted research for a number of organizations including the Foundation of International and Environmental Law and the British Institute for International and Comparative Law. She also acted as the editorial assistant for the publication: "September 11 2001: A Turning Point for International and Domestic Law".

Thibaut Fleury
Visiting Doctoral Researcher

Mr. Fleury is a Ph.D. student at the University of Paris II, Panthéon-Assas, France. He is the recipient of a three-year fellowship from the French Ministry of Education and Research and an assistant professor of Public Law at the University of Versailles-Saint-Quentin. Mr. Fleury, who has been awarded prices in Constitutional Law (2002) and History of Political Philosophy (2005) during his Public Law studies at University Strasbourg III-Robert Schuman (France), holds a D.E.A. of  "Philosophy of Law" from the University Paris II.
Mr. Fleury's Dissertation for his D.E.A. on the "Law of Nations in Jean-Jacques Rousseau’s thought ", was published in 2006 by the Michel Villey from the Institute for Philosophy of Law and Legal Culture. He chose to deepen his research on the development of International Law by writing a thesis on territorial issues in the United States, and their contribution to the development of International Law. Parallel to his thesis work Mr. Fleury is a regular contributer to the Revue Trimestrielle de Droit Européen, a French European Law Review.
During his stay at NYU, he will be working with Prof. Benedict Kingsbury from the Institute for International Law and Justice on the links between territory, federation and International Law and on the legal status of U.S. territories and Indian land.

Rene Uruena
Visiting Doctoral Researcher

René Uruena is a Research Fellow and doctoral candidate at the Centre of Excellence in Global Governance Research at the University of Helsinki, where he also lectures on international law. He graduated as a lawyer from the Universidad de Los Andes (Colombia), holds an LL.M (laudatur) in international law (University of Helsinki), and a postgraduate degree in economics (Universidad de Los Andes – Colombia).  His publications include the first textbook of international organizations law written in Latin America, as well as several other articles published in international peer-reviewed journals.

During his residency, Mr. Uruena’s research will continue to explore how the prominence of trade law affects the parameters of political participation and democratic decision-making. Political man is becoming a ‘market citizen’: a human being that politically exists only inasmuch as he is economically active - to what extent does the international trade regime contribute to the construction of these developments?.  He will be working with Benedict Kingsbury at the Institute for International Law and Justice.

 

Visiting Fellows 2006-07

Catriona Drew 
Global Crystal Eastman Research Fellow (United Kingdom)

Dr. Catriona Drew teaches Law at the School of Oriental and African Studies (SOAS) in London.   She holds an LL.B. from the University of Aberdeen and a Ph.D. from the London School of Economics and Political Science, and lectured in public international law at the Universities of Dundee and Glasgow in Scotland before moving to SOAS in 2003. She has been a Visiting Fellow at the Human Rights Program of Harvard Law School, and is co-founder of the Centre for International Law and Colonialism at SOAS. Her principal research interest relates to the international law of self-determination. At the IILJ in 2006-07 she is completing a book for Cambridge Univerity Press developing an international legal history of the relationship between the principle of self-determination and population transfer.

Stephen Macedo

Alberico Gentili Fellow  (Princeton University)

Stephen Macedo is Laurance S. Rockefeller Professor of Politics and Director of the University Center for Human Values at Princeton.  Steve Macedo is a leading political theorist whose work also has a srong policy engagement.   He was the principal co-author of  Democracy at Risk: How Political Choices Undermine Citizen Participation, and What We Can Do About It (2005).   His other books include Diversity and Distrust: Civic Education in a Multi-cultural Society, and Liberal Virtues: Citizenship, Virtue and Community in Liberal Constitutionalism, as well as 10 edited and co-edited volumes, icluding several in the Nomos series.   His work in residence at the IILJ in 2006-07 addresses the implications of globalization for democratic theory.  He is interested in the moral significance of the national political community against the background of two sets of challenges: increasing globalization and increasing inequalities that are organized by locality.

Benjamin Straumann
Alberico Gentili Fellow , Global Research Fellow (Switzerland)
(see listing of 2008-9 Fellows)

 

Furman Fellow 2005-07

 

Harlan Cohen

Harlan Cohen is a Furman Fellow and coordinator of the Furman Program at NYU Law School. His scholarship focuses on the history and theory of international law. Among his current projects are an attempt to rethink the sources of international law and an exploration of the relationship between American national identity and domestic debates over international law.  He received his J.D. magna cum laude from New York University School of Law in 2003. A member of the Order of the Coif, he was awarded the Maurice Goodman Memorial Prize for outstanding scholarship and character. He received his B.A. in history and international studies from Yale University, and an M.A. in history from Yale in 2000.  After Law School he clerked for Judge Wilfred Feinberg of the Second Circuit Court of Appeals and worked as a litigation associate at Cleary Gottlieb Steen & Hamilton LLP, before returning to NYU as a Furman Fellow.  He has published articles in the New York University Law Review, the Berkeley Journal of International Law, and the Yale Journal of International Law. His essay in the Yale Journal of International Law, “The American Challenge to International Law: A Tentative Framework for Debate,” was awarded the Washington Foreign Law Society’s Justice Robert H. Jackson Prize for best published student writing on a topic of international or foreign law.

Visiting Fellows 2005-06:

Jean d'Aspremont Lynden

Global Crystal Eastman Fellow (Belgium)

Dr. Jean d’Aspremont Lynden was a visiting fellow in the IILJ in 2005-06.  He now holds a position at Leiden University.  He received his Ph.D. from the University of Louvain, Belgium, in August. He received his LL.M. from the University of Cambridge, United Kingdom. His doctoral research was devoted to the topic of Non-Democratic States and International Law, a research conducted in an empirical perspective (publication in 2006). He is also the author of various articles in the Revue générale de droit international public (RGDIP) or the Revue belge de droit international (RBDI) on questions pertaining to unilateral acts of States or normativity in International Law. He contributed to the third edition of the commentary of the United Nations Charter as well. Dr. d'Aspremont Lynden has also been a correspondent for the Bulletin of Legal Developments published by the British Institute for International and Comparative Law for several years. At a domestic level, he has written a couple of articles on issues related to the exercise of universal jurisdiction or the relation between international law and municipal law. 

As a Global Crystal Eastman Research Fellow at NYU School of Law, he worked on the Effects of War on International Treaties.

Benjamin Straumann
Alberico Gentili Fellow
(see listing of 2008-9 Fellows)

 

Visiting Fellows 2004-05:

Lauri Mälksoo Alberico Gentili Fellow , Hauser Research Scholar (Estonia)] is currently the head of international and EC law lectureship at the University of Tartu, Estonia. He studied law in Tartu (L.L.B.) and Göttingen and got his Masters degree at Georgetown University Law Center. He defended his doctoral thesis "Illegal Annexation and State Continuity: the Case of the Incorporation of the Baltic States by the USSR " at Humboldt University, Berlin.

Ana Peyro Llopis [Global Crystal Eastman Fellow (Spain)] is an international lawyer whose research focuses on law of international organizations, peacekeeping, international criminal law and international environmental law. A native of Spain, Peyro received her education in Switzerland, Italy and in her home country, where she obtained a Master's Degree in Law at University of Valencia in 1998. She then moved to France to do a Master's Degree in International Law and Law of International Organizations at University of Paris I (Panthéon-Sorbonne). She wrote a Master's thesis on “Universal Jurisdiction for Crimes against Humanity” that was published in Belgium in 2003. At the same time, she completed a Master's Degree in Constitutional Rights and Duties.  In 1999, she became a Research and Teaching Assistant at University of Paris I and prepared, from 1999 to 2004, a Doctoral thesis on “The Relations between the United Nations and Regional Organizations Regarding Enforcement Action”, under the supervision of Professors Yves Daudet (University of Paris I, France) and Jorge Cardona (University Jaume I, Castellón, Spain). She currently teaches in Paris, focusing on taught international law, constitutional law, juridical methodology and international relations.

Visiting Fellows 2003-04 :

Charles Beitz (Spring 2004), Professor of Politics at Princeton University, working on history of international law and philosophy of human rights.

Andrew Hurrell (Fall 2003), University Lecturer in International Relations at Oxford University and Fellow of Nuffield College, working on history of international law and implications of changing power configurations for international institutions.

Nico Krisch (Fall 2003 and Spring 2004), Hauser Research Scholar and Visiting Fellow of the NYU Law Institute for International Law and Justice, working on international law and hegemony.

Janneke Nijman (Fall 2003), recently completed a doctorate at Leiden University (as a fellow of the T.M.C. Asser Institute in The Hague) on the history of international legal personality (including work on Leibniz). At NYU she is extending this to a more specific focus on the history and current practice of international legal personality of corporations.

Doctoral Students from other Departments or other Universities participating in the Program in 2003-04 include (in addition to NYU Law JSD students):

Christina Burnett (PhD student in History, Princeton University), working on the Insular Cases and legal aspects of US expansion in the late 19th and early 20th centuries, and has edited a book on elements of this theme with particular reference to Puerto Rico.

Lisa Ford (PhD student in History, Columbia University), working on aspects of the legal history of American Indians in Colonial America.

Tara Helfman (PhD student in Law and Society, New York University), has worked on problems of state agency in international law, and recently published an article on elements of 18th century international law thought in the framing of the US Constitution.

Kelly DeLuca (PhD student in History, Columbia University), working on Alberico Gentili and English materials on international legal history at the end of the 16th century.

Christiane Wilke (PhD student in Political Theory at the New School), is working on transitional justice, integrating philosophical and practical perspectives and drawing particularly on Kant.