Case Western Reserve University

Case Western Reserve University School of Law
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    Friday Luncheon Keynote

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    The 2024 Bruce J. Klatsky Endowed Distinguished Lecture in Human Rights

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    In recent years, international criminal law has become one of the most important enforcement mechanisms for international human rights. And no matter the conflict, Andrew Cayley has been at the forefront of the effort to ensure accountability, having held a variety of positions at five different international tribunals over the past thirty years. He has successfully prosecuted in a number of seminal cases and is currently serving as Principal Trial Lawyer at the International Criminal Court. Cayley is a Kings Counsel and British Barrister who holds an LL.B and an LL.M from University College London. He is a professional officer graduate of the Royal Military Academy Sandhurst. Topping off an impressive career in the field of international criminal justice, in December 2009, the UN Secretary-General appointed Cayley to be the Chief International Co-Prosecutor of the Extraordinary Chambers in the Courts of Cambodia (ECCC), the Khmer Rouge Tribunal. After serving as the International Chief Prosecutor of the ECCC in Phnom Penh for four years, Cayley returned to the UK. In 2013 he was appointed by Her late Majesty Queen Elizabeth II as the Director of Service Prosecutions, the United Kingdom’s chief military prosecutor (the equivalent of the JAG in the US). Then, in April 2021, Cayley was appointed by the UK Attorney General to be His Majesty’s Chief Inspector of the Crown Prosecution Service (the equivalent of Inspector General in the US) In March 2024, Cayley returned to the Hague to take up the position of Principal Trial Lawyer at the International Criminal Court. He had previously led in one of the ICC’s first prosecution of perpetrators in the Darfur conflict and was seen as the right person for this incredibly challenging job. Cayley is a Governing Bencher of the Honourable Society of the Inner Temple. In 2014 Her late Majesty Queen Elizabeth II appointed Cayley Companion of the Most Distinguished Order of St. Michael and St. George for services to human rights and international criminal law. About the Klatsky Lecture The Klatsky Endowed Distinguished Lecture in Human Rights was created in 2001 by Bruce J. Klatsky, chair and CEO of Phillips Van Heusen Corp., and a member of the board of directors of Human Rights Watch. The Klatsky endowment also provides annual fellowships for two CWRU law students at Human Rights Watch. As the 2024 Klatsky Lecturer, Andrew Kaley joins a veritable who\u27s who among the most impactful human rights luminaries on the planet who have delivered the Klatsky Lecture at Case Western Reserve University School of Lawa, including: Samantha Power (US Ambassador to the UN), Harold Koh (Assistant Secretary of State for Human Rights), Prince Zeid Bin Ra\u27ad (UN High Commissioner for Human Rights), Navi Pillay (UN High Commissioner for Human Rights), Sir Christopher Greenwood (Judge of the International Court of Justice), Ken Roth (Executive Director of Human Rights Watch), Nicholas Koumjian (head of the Independent Investigative Mechanism for Myanmar), Catherine March-Uhel (head of the UN International Impartial and Independent Mechanism for Syria), Michael Reisman (President of the Inter-American Commission on Human Rights), Albie Sachs (anti-Apartheid activist and later Justice of the Constitutional Court of South Africa), Sean Murphy (member of the UN International Law Commission and President of the American Society of International Law), Paul Williams (President of the Public International Law and Policy Group), Fatou Bensouda (Prosecutor of the International Criminal Court), and most recently Professor Leila Sadat (author of the International Crimes Against Humanity Treaty)

    Climate Change and Constitutional Overreach

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    The failure of the political process to produce meaningful policies to mitigate the threat of climate change has encouraged aggressive and innovative litigation strategies. An increasing number of climate lawsuits seek to control greenhouse gas emissions, impose liability on fossil fuel producers, or otherwise force greater action on climate change. In many of these cases, litigants have made aggressive constitutional claims that stretch the bounds of existing constitutional doctrine. This essay, prepared for the 2024 Drake University Constitutional Law Center Symposium, “Climate Change, the Environment, and Constitutions,” critically assesses some of the constitutional arguments made in climate cases, including Massachusetts v. EPA and Juliana v. U.S., as well as some of the constitutional claims made by states opposing efforts to limit greenhouse gas emissions

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    Green Colonialism: Sidelined While on the Front Lines

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    The United Nations General Assembly recently unanimously adopted a resolution recognizing the “right to a clean, healthy and sustainable environment as a human right.” in July, 2022. ... The resolution was heralded by U.N. Environment Programme (UNEP) Executive Director Inger Andersen as a “victory for people and the planet,” and it was described as a catalyst for action by U.N. Special Rapporteur on Human Rights and the Environment David Boyd. ... Boyd went on to say that the resolution could encourage States “to enshrine the right to a healthy environment in . . . constitutions and regional treaties.”... This short essay examines this resolution as it relates to Indigenous peoples worldwide, but with a particular focus on Native Nations in the United States. Despite the landmark nature of the resolution’s recognition of the right to a healthy environment, significant questions remain about methods of implementation and of engaging Indigenous peoples, participation by Indigenous peoples in that process, and the possibility of competing interests between Indigenous peoples and environmental protection

    Talking Foreign Policy: Is Taiwan at Risk?

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    Tarnished Gold: The Endangered Species Act at 50

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    The ESA is arguably the most powerful and stringent federal environmental law on the books. Yet for all of the Act’s force and ambition, it is unclear how much the law has done much to achieve its central purpose: the conservation of endangered species. The law has been slow to recover listed species and has fostered conflict over land use and scientific determinations that frustrate cooperative conservation efforts. The Article aims to take stock of the ESA’s success and failures during its first fifty years, particularly with regard the conservation of species habitat on private land. While the Act authorizes powerful regulatory tools for species conservation, there are serious questions as to whether such tools are the most effective means of conserving species and the habitats on which they rely. Given that most species rely upon private land for their survival, the Act’s ability to foster private land conservation is will affect the law’s overall success

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