The 2018 Research Forum addresses challenges to the international legal order emanating from dynamics of disengagement from multilateral governance, a perceived erosion of support by states and other stakeholders in existing international institutions, contestation of universal values, shifts in hegemonic power at the global and regional level, and the rise in populist, anti-liberal, anti-institutional and isolationist political sentiments in various regions of the world. Such processes occur in tandem with growing concerns about the suitability of the existing international legal structures and approaches to address global phenomena such as migration, cybersecurity threats and climate change, and to influence the conduct of non-state actors such as corporations. It is the combination of the 're-emergence of the state' from out of the shadows of multi-lateralism and international governance, a growing discontent and backlash from multiple sectors of society directed against existing international norms and institutions and the limited ability of the latter to address serious contemporary problems, which generate a sense of crisis and a possible plunge towards world disorder (although, it may also be claimed that the current state of affairs creates new opportunities for introducing much needed reforms in international law).

WilmerHale Senior Associate Manuel Casas will speak on a panel about “limits of international adjudication,” focusing on the recent Marshall Islands cases before the ICJ and the existence of a dispute preliminary objection. The panel will be moderated by Justice Andreas Paulus of the German Federal Constitutional Court and the commentator will be Prof. Larry Helfer from Duke Law School.