What A Bounteous and Memorable Third-Week!
7/27/2009 11:05:43 AM
July 20 through 24, the third week of 2009 summer program, saw a bounteous and memorable life of lecturers and students.
In this week, besides professors Ivan Shearer and John Chao, other two authorities on international law, namely, Messrs Hisashi Owada and Mohamed Bennouna, who are among the H.E. Judges of ICJ, were also saluted to join the ranks of the lecturers.
H.E. Judges Hisashi Owada, who is also the incumbent president of ICJ, gave a fresh topic ‘Development in an Unstable World: a Japanese Experience to Promote Human Security’. But H.E. Judge Owada made his presentation on the ‘developmental issue’ not in his professional position as a judge of ICJ, rather he reflected that as an academic and policy dimensions based on the broader context of contemporary international relations and especially in relation to the concept of human security. On the basis of the Japanese initiative for new development strategy and Report of the ‘High-Level on Threats, Challenge and Change’ of UN Secretary-General, he demonstrated the connotation of ‘human security’ and the place of ‘human security’ in the integrated and holistic development strategy in post-Cold War era. He emphasized, in particular, that the problem of development can no longer remain in the conventional realm of economic development, and its measurement are manifested not only by such conventional economic development criteria as growth in income per capita of individuals, or the wealth of a nation in terms of the size of its GNP, but by the new ‘human security’ criteria such as freedom from want and freedom from fear, and that the twin principles of local ownership and external partnership is a sine qua non for the success of the new development strategy. Just as the reasoning of court’s judgement has to base on the abundant facts and precedents, Mr. Owada also gave the students a detailed list of reading materials for the purpose of his lecture.
The theme ‘Prevention and International Law’, which judge Bennouna lectured to the students, was among the leading edge issues in international law in post-Cold War era. The substantial parts of H.E. Judge Bennouna’s speech comprised five chapters which entered respectively into ‘state sovereignty and the responsibility to protect’, ‘characteristics of the obligation of prevention’, ‘the precautionary principle: a complement to the obligation of prevention?’, ‘international responsibility in matters of prevention’, and ‘prevention through provisional measures in international jurisdictions’. His argumentation was totally based on the basic viewpoint that regulation of risk at the national level has to be taken over by its regulation at the international level, and it has to be based on measures of prevention, enforced by the eventual liability of states and operators.
Professor Shearer was one and only professor who lectured on general public international law comprehensively throughout the whole Program. He gave the last four themes, that is, international law and the use of force, international humanitarian law, principles of state responsibility, and the global environment. Thus the twelve themes he prepared for the Program have all been done with. His speech gave a comprehensive understanding of the fundamentals and cutting-edge issues concerning international law. The ppt Shearer provided for his course was so rich and complete that it impressed upon every student. Once in a while, short films may appear in his classes to visualize what he taught.
Professor Chao discussed two new topics, namely, recognition of divorce without recognition of statehood and the ICJ advisory opinion on legal consequences of the construction of a wall in the occupied Palestinian territory. Moreover, he continued to invite many students from Turkey, Thailand, Nigeria, Singapore, etc. to introduce their own different legal systems and cultures. The typical issues these foreign students referred to included north Cyprus Turkish Republic, nationalization of companies, the frozen time of temple of Preah Vihear, Africa and the ICJ, and uti possidetis principle. In the course of the Program, nearly half the students were invited to give special subject on their own countries’ part. This instruction pattern took advantage of the unique opportunity the Program provided to create a forum for understanding the different legal systems and cultures of different countries one another in the context of globalization. Also, it is necessary to mention that Prof. Chao was another professor who went through the whole Program.
How time flies! The closer to the end of the Program, the more lecturers and students were attached to the persons and things here. The students scrambled for having a photo taken with lecturers so passionately that some lecturers were moved to tears. H.E. judges Owada and Bennouna were also interviewed to share their opinions with regard to the better working of Xiamen Academy and the continuous development of international law. In addition, students frequently dined together to further share their thoughts and feelings. Further, students were organized to travel together to enjoy the beauties of nature and acquaint themselves with local conditions and customs.
Perhaps delivery of certificates and farewell banquet may be the most memorable time during 2009 Summer Program. In that great occasion, all were deeply filled with feelings and soulful blessings. But a satisfactory end means a good start. We cannot but hope that we will come together in the future.
(Zhang Jianbang, Wang Yu, Sun Lei & Li Shujian)
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