PROFESSIONAL EXPERIENCE

International Law Commission Internship Program
Report on Program 1995-2008

With support from the Center for Human Rights and Global Justice through the International Law and Human Rights Student Fellowship Program, the Institute for International Law and Justice operates a globally-unique summer internship program with members of the UN International Law Commission (ILC) in Geneva. The ILC shapes major projects of international law reform - for example, it produced the first draft of the Statute of the International Criminal Court (ICC) that was ultimately adopted at the Rome Conference - but the ILC operates almost entirely outside the purview of the major NGOs and of transnational civil society in general. While just down the corridor of the Palais des Nations, hundreds of NGOs and scholars may be attending the UN Sub-Commission on Human Rights, the ILC proceeds in serene isolation. This internship program, the only ILC program of wide-scope operated by any university, has three aims:

In the thirteen years 1995-2008, 80 students have participated in the program. Each was placed in a one-on-one internship with individual members of the ILC who are among the world's leading international lawyers. A 2-credit preparatory course in the Spring before the internship, taught by the NYU law faculty, ensures students understand each ILC topic and the current state of work.

Students have worked regularly with such prominent figures as James Crawford of Cambridge University (the rapporteur responsible for the ILC's draft ICC Statute and for finalizing the ILC's seminal Draft Articles on State Responsibility in 2001), John Dugard (an eminent South African anti-apartheid lawyer who as Rapporteur has introduced important human rights-related dimensions to the Diplomatic Protection draft), Nabil Elaraby (a prominent Egyptian lawyer-diplomat who is now a judge of the International Court of Justice), Alain Pellet (one of the leading lawyers in ICJ cases, and responsible for the ILC's work on reservations to treaties), Robert Rosenstock (longtime legal adviser in US Mission to the UN in New York), Bruno Simma (who brought Germany's ICJ case against the USA challenging imposition of the death penalty on foreign nationals who had not been told of their Vienna Convention right to contact their consulate), Hanqin Xue (she is the Legal Adviser in the Chinese Foreign Ministry, and one of the first women elected to the ILC in 2002), and Chusei Yamada (from Japan, arbitrator in the important Southern Bluefin Tuna case).

Students also worked with Paula Escarameia (one of the major players as Portugal's representative in development of the International Criminal Court), Giorgio Gaja (rapporteur on the important topic of Responsibility of International Organizations), Martti Koskenniemi (a distinguished legal theoretician also engaged in practical work on fragmentation of international law an on international environmental issues), and Bill Mansfield (a very experienced diplomat and international environmental law expert.)

Going to Work
NYU ILC interns going to work each morning at the Palais des Nations, the UN building in Geneva.

The opportunity to work closely with people of this stature has had a tremendous impact on many students' choices of intellectual direction and issue areas, and in some cases has decided students on careers in international law. It has also taught the students a great deal about otherwise unperceived aspects of the law-making process, equipping them better to intervene in that process in the future. Many of the recent interns are still in Law School JD or doctoral programs, almost all focused on international law and specific areas such as human rights, international criminal law, and environmental law. Some have already gone on to posts where a heightened understanding of international law can make a real difference, such as Law Clerk at the Constitutional Court of South Africa (Priti Patel), Law Clerk at the International Court of Justice then Lecturer in International Law at the University of New South Wales (Devika Hovell), Law Clerk to Justice Sandra Day O'Connor at the United States Supreme Court (Janet Carter), Lecturerships in International Law at the University of Vienna (Michael Schoiswohl) and Melbourne University (Jackie Peel), and a position in the Japanese Foreign Ministry (Keiko Nakano), as well as others engaged in judicial clerkships and many varieties of legal practice.

Comments from ILC Student Fellows:

"I spent last summer at the U.N. International Law Commission (ILC) where I worked as an intern for Bruno Simma. The experience gave me a unique look into the formulation of international law. In particular, I had the opportunity to observe the daily meetings and watch as the commissioners enthusiastically debated various topics. My work at the ILC was the basis for my NYU Law Review publication on the international law aspects of the April 1, 2001, collision between a Chinese and an American airplane over the South China Sea." Margaret Katri Lewis (JD '03)

"The internship was mainly research and immersion in a certain legal culture. I don't think there is a better way to learn about the development of public international law… I am even more motivated now to pursue a career in public international law and human rights work (my supervisor John Dugard was a life-long fighter of apartheid in his home country, South Africa), partly because of the work I observed on the ILC and partly because of my contact with Professor Dugard." Lawrence Lee (JD '03)

"The discussion at ILC is a source of inspiration to the international law students. This experience not only advanced my knowledge of international law on specific topics, but also exposed me to the reality of ILC: slow-tempo of the work; bureaucratic nature of UN; importance of languages in codification of international law; and so on. It really made me think about international law itself." Inha Yoon (LLM '02)

“This internship was invaluable to my understanding of public international law. Many institutions, such as the International Court of Justice, rely heavily on the work of the Commission (some of the current judges were in fact former Members of the ILC.). Having this inside view will be also very useful for my PhD. It is a very prestigious institution and most of the Members are well-know internationalists”. Céline Folsché (LLM ‘07)

 

“The ILC fellowship is a great opportunity which enhances the understanding for the work and the task of the ILC and public international law considerably. It is a unique possibility to gain an in-depth insight into this expert body and how codification and (to a lesser extent) progressive development of international law is carried out. The work at the ILC was very rewarding and thought-provoking.” Gerhard Thallinger (LLM ‘07)

 

 “It was a privilege to listen to some of the most well established names in international law discuss topics they were passionate about. The wide range of topics covered also meant that I feel up to date with most new developments in the field of international law. I also found the interpersonal dynamics of the ILC fascinating. ….This internship both advanced my knowledge of international law and made me more certain that this is a field I want to work in.” Naomi Burke (LLM ’07)

“The ILC is a great opportunity to be involved with great international law professors, ambassadors, and ministers from all over. .. and to mix of academic research with getting to know an aspect of the UN. Overall, I feel that I learned a great deal about the role of the ILC in the analysis of international law, and as a tool toward consensus on important and controversial issues in public international law.” Alexander Feldman (JD ‘09)

 

“The internship at the ILC was a great way to learn about UN dynamics, to sharpen your research skills, and to practice critical thinking within the framework of international law. …. This internship really solidified for me the desire to work in public international law. While the politics of the UN can be frustrating at times, the chance to observe great legal

minds discussing and formulating international law was a sort of tangible affirmation of my interests. The work of the ILC really demonstrates the breadth of the debate necessary for the successful codification of international law – from seemingly irrelevant wording decisions, to scientific background and broad humanitarian and human rights implications.” Jennifer Wheeler (JD ’09)

 

“I would highly recommend this internship to students that are seriously interested in pursuing a career – either in practice or academically, in public international law.  First, the fellowship provided a unique firsthand glimpse into multilateral negotiations over major questions of public international law by eminent scholars and diplomats. Second, the ILC’s study of discrete subjects of public international law facilitates an almost daily tutorial of major topics, which involve an overview of its treatment in the literature and the central issues of controversy, in addition to a mapping by the Commission as to how to handle such controversies.” Sharanjeet Parmar (LLM ’06)

 

 “Working at the ILC was a fascinating experience. If you have a sincere interest in international law, there is no better place to be. Sitting in some of the plenary meetings, study groups, and working groups and listening to the preeminent scholars and practitioners of international law debate issues that one reads about in casebooks is really a unique and fulfilling experience.” Amelie Baudot (JD ’08)

 

“The internship at the ILC is highly recommended to who ever is interested in dedicating her career to public international law. I have made this choice prior to my experience in Geneva but this experience gave me a different perspective on the field of international law. The close interaction with great scholars in the field and experienced diplomats was different from the academic discussions I was used to. I learned about the special process of drafting: the delicate negotiations, at times held in a democratic fashion, at others in a stricter environment, have taught me an interesting lesson on the gravity of words in international documents. However, the commission not only provides a glance on the creation of black letter international law, but also an interesting lesson on the relations between law and politics.” Doreen Lustig (LLM ’06)

 

“At its best, this internship offers a fascinating insight into the workings of a unique United Nations body. The ILC is not a front-line service delivery organization, and is not engaged in policy-making in any real sense.  But it offers a representative glimpse of how international issues are dealt with by an international group of individuals within the United Nations system and its supporting Secretariat. The plenary debates, and the debates in the Drafting Committee for the Responsibility of International Organizations, offered a very useful way of learning the similarities and differences in the way certain international law rules and subjects are regarded around the world.  At times, the debates also offered an invaluable lesson in the details of certain areas of international law, with history, policy, and practice discussed at length.” Quang Trinh (LLM 2006)

interns
2001 interns Maggie Lewis (JD '03), ( 2nd from left in back) Carrie Noteboom (JD '03), (3rd from left in back); Margo Kaplan (JD-MPP '04), (far right back); Simon Olleson ((LLM '02), ); (second from right seated).

Published Scholarship from the Program

The program's emphasis on scholarship has been enhanced by a requirement that interns in this program write a major paper during the internship. Interns have also co-authored several works with Commission members, and increasing numbers of Commission members are ready to undertake such co-authorships. The following are a sample of works already published. Many more are in press or in the final stages of pre-publication development. A list of recent ILC internship papers is annexed to this report.

 

 

Alexander Feldman, Céline Folsché, Abra Bron and Luciana Ricart
From left to right: Alexander Feldman, Céline Folsché, Abra Bron and Luciana Ricart.

The Future

The ILC five-year agenda for 2007-11, following the quinquennial elections, focuses on international law topics of substantial real-world importance, including:

 

International Law Commission Interns 1995-2008 and Internship Supervisors

2008

Brian Abrams (JD ’10) Christopher John Robert Dugard (South Africa)

Caitlin Bell (JD ’10) Marie G. Jacobsson (Sweden)

Marco Benatar (LLM ‘08) Alain Pellet (France)

Nadia Kalb (LLM ‘08) Giorgio Gaja (Italy)

Joshua Kane (JD ‘10) Donald M. McRae (Canada)

Chien-yu Liu (LLM ’08) Georg Nolte (Germany)

Yuan Zheng (LLM ’08) Paula Escarameia (Portugal)

2007 Interns
2007 Interns. From left to right: Céline Folsché, Luciana Ricart, Gerhard Thallinger, Abra Bron, Alexander Feldman, Naomi Burke and Jennifer Wheeler

2007

Abra Bron (JD ‘09) Donald M. McRae (Canada)

Naomi Burke (LLM ‘07) Marie G. Jacobsson (Sweden)

Alexander Feldman: (JD ‘09) Georg Nolte (Germany)

Céline Folsché (LLM ‘07) Alain Pellet (France)

Luciana Ricart (LLM ‘07) Christopher John Robert Dugard (South Africa)

Gerhard Thallinger (LLM ‘07) Giorgio Gaja (Italy)

Jennifer Wheeler (JD ‘09) Paula Escarameia (Portugal)

2006

Amelie Baudot (JD’ 08) William Mansfield (New Zealand)

Alexandra Khrebtukova (JD ‘08) Martti Koskenniemi (Finland)

Doreen Lustig (LLM/JSD) John Dugard (South Africa)

Sharanjeet Parmar (LLM ‘06) Alain Pellet (France)

Quang Trinh (LLM ‘06) Giorgio Gaja (Italy)

2005

Kevin Cunningham (JD ’07) Michael Matheson (USA)

Olivia Dixon (LLM '05) Martti Koskenniemi (Finland)

David Fennelly (LLM '05) Alain Pellet (France)

Tara Mikkilineni (JD ‘07) Bill Mansfield (New Zealand)

Chu Yun Juliana Nam (LLM '05) Paula Escarameia (Portugal)

Alexandra Smithyman (LLM '05) John Dugard (South Africa)

Antonios Tzanakopoulos (LLM '05) Giorgio Gaja (Italy)

2004
Emily Berkman (JD '04) Bill Mansfield (New Zealand)
Monique Cofer (JD '06) Paula Escarameia (Portugal)
Jenny Xiao Ling Huang (JD '06) Hanqin Xue (China)
Joshua Parker (JD '06) Michael Matheson (USA)
Peter Prows (JD '05) Martti Koskenniemi (Finland)
Aleksandr Shapovalov (LLM '04) John Dugard (South Africa)
Mark Toufayan (LLM '04) Giorgio Gaja (Italy)

2003
Yun Gu (LLM '03) Hanqin Xue (China)
Rita Magnusen (JD '05) Paula Escarameia (Portugal)
Cade Mosley (JD '04, LLM '05) Martti Koskenniemi (Finland)
Keil Mueller (JD '05) Bill Mansfield (New Zealand)
Amanda Rawls (JD-PhD '07) John Dugard (South Africa)
Ashika Singh (JD '04) Giorgio Gaja (Italy)

2002
Ben Grimes (JD '03) Robert Rosenstock (USA)
Robert Dufresne (JD '00, JSD '01) Alain Pellet (France)
Gita Kothari (LLM '02) Martti Koskenniemi (Finland)
Elina Kreditor (JD '04) John Dugard (South Africa)
Hiroko Nakayama (JD (LLM '02) Chusei Yamada (Japan)
Jared Wessel (JD '04) Bruno Simma (Germany)
Demian West (JD '04) Enrique Candioti (Argentina)
Inha Yoon (LLM '02) Hanqin Xue (China)

Larry Lee (ILC 2001 intern), and his supervisor Professor John Dugard
Larry Lee (at right), ILC 2001 intern, with his internship supervisor, ILC Rapporteur in Diplomatic Protection, Professor John Dugard, (at left).

2001

Devika Hovell (LLM '01) Alain Pellet (France)
Margo Kaplan (JD-MPP '04) Robert Rosenstock (USA)
Lawrence Lee (JD '03) John Dugard (South Africa)
Margaret Lewis (JD '03) Bruno Simma (Germany)
Simon Olleson (LLM '01) James Crawford (Australia)
Keiko Nakano (LLM '01) Chusei Yamada (Japan)

Carrie Noteboom (JD '03) Gerhard Hafner (Austria)

2000
Sergei Antonov (JD '02) Bruno Simma (Germany)

Eleanor Lumsden (JD '02) Nabil Elaraby (Egypt)
Nathan Miller ( JD '02) Robert Rosenstock (USA)
Priti Patel (JD '02) John Dugard (South Africa)
Holly Pearson (JD '02) Gerhard Hafner (Austria)
Jacqueline Peel (LLM '00) James Crawford (Australia)
Michael Schoiswohl (LLM '00) Alain Pellet (France)

1999
Michele Ameri (JD '00) Gerard Hafner (Austria)
Steve Bartels (JD '00) Robert Rosenstock (USA)

Janet Carter ( JD '01) Bruno Simma (Germany)
Yvan Desmet (LLM '99) Nabil Elaraby (Egypt)
Tiffany McKinney ( JD '01) John Dugard (South Africa)
Katherine Mogg (LLM '99) Alain Pellet (France)
Sarah Pellet (LLM '00) James Crawford (Australia)
Anna M. Pomykala (JD '01) ILC Secretariat

1998
Kristen Boon ( JD '00) Roy Lee, UN Codification Department
Chad Breckinridge (JD '00 ) Robert Rosenstock (USA)
Thomas Hilbink (JD '99 ) James Crawford (Australia)
Jonathan Huston ( PhD '04) Gerard Hafner (Austria)
Anne Rubesame ( JD '01) Bruno Simma (Germany)
Wiebke Ruckert ( LLM '98 ) Alain Pellet (France)
Tanya Southerland (JD '00) John Dugard (South Africa)

1997
Seng Chee Ho (LLM '98) John Dugard (South Africa)
Benoit Jacquemotte (JD '99) Nabil Elaraby (Egypt) and Gerhard Hafner (Austria)
Lada Soljan (JD '99) Bruno Simma (Germany)
Jordy Urstadt (JD '99) James Crawford (Australia)
Jonathan Vessey (JD '99) Robert Rosenstock (United States)

1996
Elise Baudot (JD '98) Andreas Jacovides (Cyprus) and Alberto Szekely (Mexico)

Sara Rakita ( JD '98) James Crawford (Australia)

1995
Scott Christensen (JD '97) Andreas Jacovides (Cyprus)
Kristi Motley (JD '99) Derek Bowett (UK) and James Crawford (Australia)


Recent International Law Commission Student Internship Papers

2007

Abra Bron: Concurrent Responsibility for States and International Organizations: The Conflict between the International Law Commission’s Work and the Behrami and Saramati Cases decided by the European Court of Human Rights

Naomi Burke: The Effects of Occupation on Multilateral Treaty Obligations

Alexander Feldman: Subsequent Practice and the Recent Jurisprudence of the World Trade Organization

Céline Folsché: Reservations to Human Rights Treaties: The Dialogue Between the ILC and the Human Rights Treaty Bodies

Luciana Ricart: A Duty to Exercise Diplomatic Protection? An Analysis in Terms of the ILC’s Draft Articles on Diplomatic Protection and Some Recent Judgments of the European Court of First Instance

Gerhard Thallinger: The Rule of Exhaustion of Local Remedies in the Context of the Responsibility of International Organizations

Jennifer Wheeler: Cybercrime, International Law and The Role of the International Law Commission

2006 

Amelie Baudot, The Evolving Doctrine of Unilateral Declarations: A Practical Analysis

Alexandra Khrebtukova,  A Call to Freedom:  Fears and Opportunities in International Special Regimes

Doreen Lustig,  Reading the ILC Fragmentation Project: A Positive Account of International Law or a proposal for General Principles?

Quang Trinh, International organizations and the corporate veil: Some unfinished business in the ILC’s work on state responsibility

 2005

 Kevin Cunningham, The Effect of Armed Conflict on Treaties: A Look at the Special Rapporteur’s First Report and the 2005 Draft Articles of the International Law Commission

David Fennelly, In search of 'object and purpose': the ILC's work on the validity of reservations to treaties with particular reference to multilateral human rights treaties

Olivia Maloney, The Disconnection of the European Community From International Treaty Law

Tara Mikkilineni, Non-state Actors and the Responsibility of International Organizations: Toward a Framework of Secondary Rules for Accountability Mechanisms

Chu Yun Juliana Nam, Unilateral Acts of States: When all is said and done, is there room for more to be said? The Deadlock in the Codification and Progressive Development of the Law of Unilateral Acts of States

Alexandra Smithyman, An individual right to reparation? Mavrommatis reconsidered

2004
Emily Berkman, Can the ICCPR Give Hope to the Hopi? (On legal issues of aquifer protection and mining in Hopi and Navajo areas)

Monique Cofer, Functionaries of International Organizations: Concurrence as Means of Allocating Responsibility

Jenny Xiao Ling Huang, Equitable Versus Optimal Utilization: A Call for Reform in Transboundary Water Allocation

Joshua Parker, Accountability of International Organizations

Peter Prows, Failed Law and Activist States: State Responsibility and Effective International Order (On special vs. general secondary rules under the ILC's draft articles)

Aleksandr Shapovalov, Should a Requirement of "Clean Hands" be a Prerequisite to the Exercise of Diplomatic Protection?: Human Rights Implications of the International Law Commission's Debate

Mark Toufayan, Human Rights Treaty Interpretation: A Postmodern Account of Its Claim To “Speciality”

2003
Yun Gu, Responsibility of International Organizations

Rita Magnusen, Self-Contained Regimes: A Study of Trade and the Environment

Cade Mosley, The Work of the International Law Commission at its Fifty-Fifth Session (with Martti Koskenniemi)

Keil Mueller, The International Legal Regime Governing the Maritime Shipment of Radioactive Materials

2002
Robert Dufresne, Assessing Clashes and Interplays of Regimes From a Distributive Perspective: IP Rights under the Strengthened Embargo Against Cuba and the Agreement on TRIPS

Gita Kothari, Does the Security Council Have an Obligation to Comply With International Human Rights Law? The Case of Sanctions

Elina Kreditor, The Right of Diplomatic Protection of Crew Members of Ships

Hiroko Nakayama, Reconsidering Duties of Prevention

Jared Wessel, Relational Contract Theory and Treaty Interpretation End-Game Treaties v. Dynamic Obligations

Demian Gabriel West, The Importance and Availability of Diplomatic Protection for Stateless Persons and Refugees

Inha Yoon, Responsibility of International Organizations: The UN Responsibility for the Breaches of International Humanitarian Law Committed by its Forces

2001
Devika Hovell, Reservations: Better Late than Never?

Margo Kaplan, The Role of Non-State Entities in State Responsibility

Lawrence Lee, Barcelona Revisited: A Political and Normative Framework for Analyzing the Rule of Nationality in Corporate Diplomatic Protection Claims

Margaret K. Lewis, The International Legal Implications of the April 1, 2001, Collision Between an American EP-3 and Chinese Fighter Jet: Was "Very Sorry" Apology Enough?

Keiko Nakano, The Scope of the "Injured State"

Carrie Noteboom, Implementing the International Right to Know: Public Access to Environmental Information in the Transboundary Context

Simon Olleson, The Exception of Non-performance: Links between the Law of Treaties and the Law of State Responsibility (with James Crawford)