Session 1:

The Emergence of Strategic Litigation in International Law

In late December 2023, South Africa instituted proceedings against Israel before the International Court of Justice (ICJ), alleging violations of the Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention). These violations are alleged to have occurred in the current military campaign Israel is waging in the Gaza strip in response to the attack by Hamas on 7 October 2023 against Israel. The proceedings that took place on 11 and 12 January 2024 have garnered enormous public interest.

This presentation will shed light on these proceedings, the initial reaction by the international community and discuss the emergent trend of the use of strategic litigation in international law, with a particular focus on the ICJ.

Date

Tuesday

9 April 2024

Time

7.45am - 9.00am

AEDT



Register Here

Location

Marque Lawyers 
Level 4/343 George St, Sydney NSW 2000


Meet the Speakers

Professor Markus Wagner

Professor Wagner is an internationally recognised expert in international economic law and governance, international peace and security, as well as US and Australian constitutional law. His recent scholarship has focused on various aspects of international economic law.

He is leading a project titled Weaponised Trade which has seen increasing impact around the world. He is also undertaking research on international food law, including on the domestic and international regulation of cellular agriculture (including cultivated meat) as well as the challenges of implementing the concept of sustainable food systems into international trade law. 

These strands of research build on and expand his work on second and third generation barriers to trade (including measures to regulate toxicity and other public health measures). He joined the School of Law in 2018 from Warwick Law School, and has previously worked at the University of Miami. He obtained his law degree in 2002 and a master’s degree in international law in 2005, both from the Faculty of Law at the University of Giessen / Germany. From 2002 to 2005, he worked at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg / Germany, during which time he also served as legal counsel for the Permanent Mission of Germany to the United Nations in New York. In 2006, he graduated from Stanford Law School with an LL.M. degree. 

Professor Wagner subsequently clerked for then-President of the Supreme Court of Israel, Aharon Barak. Starting in 2007, he worked for the Brussels office of WilmerHale. Professor Wagner was elected the Executive Vice-President of the Society of International Economic Law (SIEL) in 2018 and re-elected in 2021, having served in governance roles in SIEL previously. Professor Wagner has advised international organizations and has presented at academic and professional conferences in the areas of international economic law and autonomous weapon systems. Professor Wagner is co-founder and Co-Editor in Chief of the Journal of Law & Geoeconomics (L&G) published by Brill and served as the Associate Editor for the Journal of World Investment and Trade (JWIT) until 2023 and sits on the advisory boards of the European Law Students Association John H. Jackson WTO Moot Court Competition and the Göttingen Journal of International Law (GoJIL).

Professor Wagner holds an appointment as Visiting Research Fellow at the Mandela Institute at the Oliver Schreiner School of Law, University of the Witwatersrand in Johannesburg. He has held visiting professor positions at the Universidad Externado de Colombia in Bogota, the Universidad Los Andes in Bogota, the Max Planck Institute for Comparative Public Law and Public International Law in Heidelberg, the Center for Teaching and Research of WTO Disputes at the Southwest University of Political Science and Law in Chongqing and the law faculties at the University of New South Wales in Sydney, the University of Leipzig, the University of Hamburg and the Fundaçao Getulio Vargas in São Paulo.


Juliette McIntyre

Juliette McIntyre has been a Lecturer in Law at UniSA since 2016. She recently completed her PhD at the University of Melbourne. She also holds a first class LL.M. in International Law from the University of Cambridge, and a BA and LLB/LP with Honours. Her particular area of specialism is international courts and tribunals, with a focus on procedure.

Ms McIntyre writes commentary on current international legal issues for outlets such as The Interpreter, Völkerrechtsblog, EJIL:Talk!, The Conversation, and CIL Dialogues. Her academic work has been published in a number of international journals including AJIL Unbound, East Asia Forum, Michigan Journal of International Law, Leiden International Law Journal, and the Ukrainian Law Review. She also has significant litigation experience, including as a Judge's Associate at the Supreme Court of South Australia, and as counsel in cases before the International Court of Justice and other international tribunals. 

Previously, Ms McIntyre has held academic posts at Charles Darwin University and Thompson Rivers University in Canada, and has been the recipient of the Law Foundation of South Australia Fellowship.

Ms McIntyre is active on social media and has been formally sanctioned by the Russian government for her work in respect of Ukraine.