ERIK CASTRÉN INSTITUTE
OF INTERNATIONAL LAW
AND HUMAN RIGHTS
2013
2014
Photos
The Finnish Institute in Rome (15)
Magdalena Kmak (24)
Antti Sadinmaa (14, 18)
Veikko Somerpuro (4, 8, 22) ·
Rosie Trudgren (cover, 2–3, 6, 11, 20­­–21, 26–27, 29, 32, 35)
Layout by Antti Sadinmaa
CONTENTS
4 Foreword by Martti Koskenniemi
6Introduction
8
Personnel
11 Individual Activities
22 Research Projects
26 Education and Cooperation
29 Events
32Publications
FOREWORD
T
he years 2013-2014 marked the beginning of a number of
new research projects and the end of some. The Centre of
Excellence in Global Governance Research terminated its
activities with a number of publications coming out in international
publishing houses and journals. At the same time, Professor
Klabbers began his new Academy professorship (“Martti Ahtisaari
professorship”) and took up leadership of the project “Towards an
Ethics of Global Governance”. New researchers arrived in Helsinki
and substantive work began with round tables discussing pertinent
topics. Details can be found below in the report and on the ECI
website. The Finnish Academy financed project “Intellectual
History of International Law: Empire and Religion” also got well
under way, with its two working groups meeting in Finland and
other locations. Our four Helsinki-based researchers pursued
their individual projects on different aspects of international law’s
imperial heritage and relations to religion and began coordinating
activity under the working groups. Collective volumes are planned
not only on international law’s relations to empire and religion
but also on the question of “Imperial Locations”, to be edited by
Professor Liliana Obregon and me.
The summer seminars in 2013 and 2014 were again very well
attended. They dealt with the international aspects of the Rule
of Law (2013) and the law of international investments (2014).
As in previous years, the politically interesting – as well as
controversial – character of the subjects made the events quite
lively and memorable experiences for the participants. A large
conference on “Histories of International law” was also arranged
in the autumn of 2014 to focus on the methodological questions
relating to the writing of international legal histories.
Of the huge number of events in 2013-14, special mention
should be made of The Erik Castrén Lecture held by Professor
Hani Sayed from the American University in Cairo on the topic
of “The Humanization of the Syrian Question: A Critique of
International Legal/Institutional Reponses” in October 2013.
This well-attended event also received space in the media and
highlighted ECI’s effort to give voice to lawyers from the Third
World. ECI also co-organises events elsewhere than Helsinki.
A conference on “International Law and the Market” was held
in Paris in September 2013, co-organised with professors
Emmanuelle Tourme-Jouannet and Hélène Ruiz-Fabri From
Université de Paris I – Sorbonne Law School. In addition, many
guest lectures, seminars and workshops were arranged under
ECI’s various projects.
The directors of the Institute were busy – often very busy –
giving lectures and talks at home and abroad as visiting lecturers,
conference participants and keynote speakers. Professor Klabbers
4
ERIK CASTRÉN INSTITUTE
spoke in Oxford and Cambridge on international institutional law
and experimented with a European Journal of International Lawsponsored fireplace conversation with the Journal’s editor in chief,
the President of the European University Institute in Florence, Joseph
Weiler, on the topic of “functionalism” in international institutions.
Traveling back and forth between Strasbourg and Helsinki as a
member of the Council of Europe’s Social Rights Committee, and
lecturing at various UN or World Bank related events in the United
States, Senior Lecturer Petman still found time to organise and speak
on ECI-sponsored conferences on the Rule of Law in China and the
United Nations cum international law aspects of peace and security,
the latter organised in collaboration with the Finnish Ministry for
Foreign Affairs. My duties included, alongside a visiting centennial
professorship at the London School of Economics, a week-long
“Master class” at the Heidelberg Max Planck Institute, and lecturing in
Europe, China and Brazil, chairing and speaking at various ECI events
on items so varied as corporate governance and the Ukraine crisis.
2013 also saw the completion of the 5-year European Research
Councilproject on “Europe between Restoration and Revolution”,
co-hosted by ECI and the Renvall Institute in Helsinki. It was one of
the largest and best funded research projects in Finland ever in the
fields of humanities and social sciences. The concluding conference
was organised with the title Between Restoration and Revolution,
National Constitutions and Global Law: an Alternative View on the
European Century 1815-1914 (EReRe) in June 2013, followed up with
yet another meeting of the “teleology” working group at Lake Saimaa.
The project’s first publication came out in 2014 with Oxford University
Press, another is being published as I write this, followed up with a
series of further volumes. For all the researchers involved, this had
been a once in a lifetime experience that taught us what friendship in
a well-operating joint project can be. I want to take this opportunity
to thank the co-director, FiDiPro Professor Bo Stråth, for almost
single-handedly creating the creative and critical atmosphere that
will certainly carry all the participants far beyond the project’s limited
confines.
This Foreword would not be complete if I did not thank again
Sanna Villikka, the coordinator of the Institute as well as Mr Lauri
Uusi-Hakala and Ms Mari Taskinen who took up coordinator-ship
during Sanna’s maternity leave and somehow miraculously managed
holding to the very high standard that Sanna had set. All of us were
assisted by María José Belmonte Sánchez in our various assignments.
It is a rare pleasure to cooperate with people with such competence
and unfailingly good cheer.
Martti Koskenniemi
Director, FBA
REPORT 2013–2014
5
INTRODUCTION
“This is a research-based research community (RC) with directors
and senior members with internationally outstanding research
credentials, as it is. The lists of publications include some of the most
academically outstanding, cutting edge and original contributions to
its field internationally and at present. The RC has achieved good and
highly competitive external funding both in Finland and in the EU. On
this basis a highly competitive and excellent research environment has
been created which is also very actively part of international networks
with other institutions on a very high level. It seems that the type of
international network the RC is engaged in, in many respects, is the
model for international cooperation and network which many other
institutions strive towards.”
international evaluation of research and doctoral training
at the
6
University of Helsinki 2005-2010
ERIK CASTRÉN INSTITUTE
The Erik Castrén Institute of International Law and Human Rights has come a long way
from its establishment in 1988 as a small unit for commissioned research to become an
internationally-known, respected, and highly-evaluated center for research. The two largest
projects in ECI history ended in recent years: the Centre of Excellence in Global Governance
Research and the Research Project Europe 1815-1914. These projects had an invaluable impact
on ECI. And despite their ending, ECI’s core function of the critical study of international law
remains, as well as the number of scholars dedicated to it; around 25 in-house fellows and
some 15 Affiliated Research Fellows.
In addition to its encouraging intellectual atmosphere, ECI is known for good team-spirit
and collegial support. The atmosphere is truly international as ECI has managed to recruit
both rising and already established scholars from all over the world. In addition to the inhouse fellows, every year ECI welcomes a number of visiting research fellows, who bring a
fresh touch to the award winning Porthania building, home of the Faculty of Law in the heart
of Helsinki.
ECI’s projects are typically funded by the Academy of Finland or the Ministry for Foreign
Affairs of Finland. Our leading researchers, Academy Professors Martti Koskenniemi and
Jan Klabbers (Martti Ahtisaari Chair), are funded by the Academy of Finland, and thereby
support many projects at the Institute. However, funding has been available from other
sources as well. ECI researchers have received grants from several different foundations, and
doctoral candidates Klabbers, Kari and Soirila are funded principally by the OMM (Oikeus
Muuttuvassa Maailmassa) Graduate School. Other ministries have also funded research
undertaken at ECI. Since 2010, ECI’s core funding has become part of the Faculty of Law
budget.
Funding for the EReRe project (2,500,000 €) - one of the largest externally-funded
research projects within the joint field of humanities, social sciences and law ever undertaken
at the University of Helsinki - ended in September 2013 and was fully provided by the
European Research Council.
“…common ethos of research which is critically and historically
oriented, multidisciplinary and cutting-edge in the study of legal and
institutional aspects of global modernity. The research is committed to
methodological widespread reflection and historically well informed
research. The research is focused on law, but is also multidisciplinary.
With two highly competitive financial external fundings the research
environment has been able to recruit senior and junior researchers of
high international quality. The RC has demonstrated a strong ability
to attract highly competitive external funding.“
international evaluation of research and doctoral training
at the
University of Helsinki 2005-2010
REPORT 2013–2014
7
PERSONNEL
During 2013 and 2014, the international team of the Erik Castrén Institute was joined by Kangle
Zhang, Nadia Tapia, Lauri Tähtinen, Tero Lundstedt and Ville Kari as Research Fellows. ECI was also
glad to welcome Janis Grzybowski (Doctoral Candidate at the Graduate Institute in Geneva) and Anna
Leppänen (Doctoral Candidate at University of Helsinki) as visiting researchers, and E.M.A Fellows
(European Masters’ in Human Rights and Democratization) Mariann Rikka, Tessa Schrempf, Mariana
Casij, Arnaud Emery and Paula Hakkaja.
In addition to these researchers, the Institute has welcomed new trainees and assistants - both
administrative and research – for variable periods. Their work and dedication have proved to be
extremely valuable for the entire staff. The research assistants included Damarys Vigil Nolasco, María
José Belmonte Sánchez, Nora Fabritius, and Annamari Engelberg.
For further information about researchers’ current projects and publications, please visit the
University’s TUHAT database (tuhat.halvi.helsinki.fi/portal/en/).
8
ERIK CASTRÉN INSTITUTE
Directors
Professor Martti Koskenniemi
Academy Professor (International Law),
Director of ECI, Co-Investigator of the
Research Project Europe 1815–1914 (EReRe)
Professor Jan Klabbers
Professor of International Law, Deputy
Director of ECI, Martti Ahtisaari Professor
Jarna Petman
Senior Lecturer in International Law,
Adjunct Professor, Deputy Director of ECI,
Vice-Dean of International Affairs and
Community Relations (Faculty of Law)
Administration
Sanna Villikka
Executive Director of ECI
Mari Taskinen
Executive Director ad interim of ECI
(February­–August, 2014)
Lauri Uusi-Hakala
Executive Director ad interim of the ECI
(February 2013–January 2014)
Kelly Grotke, Ph.D.
Postdoctoral Fellow at the Research Project
Europe 1815-1914
Ville Kari, LL.M.
Doctoral Candidate
Margareta Klabbers, LL. M.
Doctoral Candidate
Magdalena Kmak, LL.D.
Postdoctoral Research Fellow, University
Lecturer in International Law
Paavo Kotiaho, LL.M.
Doctoral Candidate
Tero Lundstedt , LL.M.
Doctoral Candidate
Anne-Charlotte Martineau, LL.M.
Doctoral Candidate/ Postdoctoral Research
Fellow
Pekka Niemelä, LL.M.
Doctoral Candidate
Liliana Obregón, SJD
Postdoctoral Fellow at the Research Project
Europe 1815-1914
Research Fellows
Tuomas Ojanen, LL.D
Professor of Constitutional Law, Director of
the project Human Rights: Law, Religion and
Subjectivity - 2014
Paolo Amorosa, LL.M.
Doctoral Candidate
Walter Rech, LL.D
Postdoctoral Research Fellow
Martin Björklund, LL.M.
Senior Lecturer, Doctoral Candidate
Francisco Ortega, Ph.D.
Postdoctoral Fellow at the Research Project
Europe 1815-1914
Katja Creutz, LL.M.
Doctoral Candidate
Yifeng Chen, LL.D.
Postdoctoral Research Fellow
Mónica García-Salmones Rovira, LL.M.
Postdoctoral Research Fellow
Pamela Slotte, D. Theol.
Academy Research Fellow
Ukri Soirila, LL.M.
Doctoral Candidate
Diliana Stoyanova, LL.M.
Doctoral Candidate
Manuel Jiménez-Fonseca, LL.M.
Doctoral Candidate
REPORT 2013–2014
9
“The academic profile and quality of the ECI undoubtedly
makes it an excellent researcher community also for
academic training and supervision with its visions and
methods of critical and non-positivist thinking, its focus on
the legitimacy of governance and thus an encouragement
of highly original research.”
international evaluation of research and doctoral training
at the
Immi Tallgren, LL.D
Postdoctoral Research Fellow
Nadia Tapia, LL.M.
CIMO Fellow, Doctoral Candidate
Tuomas Tiittala, LL.M.
Doctoral Candidate
Reetta Toivanen, D.Soc.Sc.
Academy Research Fellow, Adjunct Professor
in Social and Cultural Anthropology
Taina Tuori, LL.M.
Doctoral Candidate, Assistant Professor of
International Law
Lauri Tähtinen, Ph.D.
Postdoctoral Researcher (Academy of
Finland)
Guillermo Vasconcelos Vilaça, LL.D.
Postdoctoral Research Fellow
Kangle Zhang, LL.M.
Doctoral Candidate
University of Helsinki 2005-2010
Kati Kulovesi, Ph.D., LL.M.
Independent Legal Consultant, Post-doc
Researcher, Professor of International Law
(University of Eastern Finland)
Juhani Kortteinen, LL.M.
Doctoral candidate (University of Helsinki),
rapporteur of the National Discrimination
Tribunal of Finland
Päivi Leino-Sandberg, LL.D.
Adjunct Professor of EU Law, Senior
Counsellor of Legislation at the Unit for
European Law, Ministry of Justice, Finland
Rain Liivoja, LL.D.
Research Fellow, Asia Pacific Centre for
Military Law, Melbourne Law School
Merja Pentikäinen, LL.D., DES.
Maria Pohjanpalo, LL.M.
Doctoral Candidate, University of Helsinki;
Legal Officer at Ministry for Foreign Affairs
of Finland
Samuli Seppänen, Professor.
The Chinese University of Hong Kong
Affiliated Research Fellows
Tobias Bräutigam, LL.D.
Senior Legal Counsel at Microsoft
Miia Halme-Tuomisaari, PhD, LL.M.
Senior Research Fellow
Daniel Joyce, LL.D.
Lecturer at University of New South Wales
(Australia), Faculty of Law
10
Katariina Simonen, LL.D.
Senior Adviser for Research, Ministry of
Defense
Reut Yael Paz, LL.D.
Lecturer of Public International Law, The
College of Management, School of Law, in
Israel and a researcher at the Concord –
Amicus Curiae Clinic Research Center for
Integration of International Law in Israel.
ERIK CASTRÉN INSTITUTE
INDIVIDUAL
ACTIVITIES
Each research fellow has an academic profile in the University of Helsinki research
database TUHAT. From there one can find more information, a complete list of
publications, CVs, and other activities, including project collaboration and research
stays. In what follows we asked all ECI fellows to list their most important activities
and publications from 2013-2014. For detailed information on the ECI Researchers’
publications and activities, please visit the University of Helsinki Research Database
TUHAT at www.helsinki.fi/tuhat.
REPORT 2013–2014
11
Paolo Amorosa
Since September 2012, Paolo Amorosa has
been involved with the research project
Intellectual History of International Law:
Religion and Empire. In this capacity, he has
co-organised several events on international
legal history and historiography, both in
Helsinki and abroad. A recent highlight,
marking the conclusion of the first half of
the project, was the conference ‘History
and Histories of International Law’, held
in Helsinki on 27-28 October 2014, and
featuring some of the most globally renowned
scholars in the discipline. As one of the two
coordinators of the “Religion” stream of the
project, Paolo will be co-editing a volume
resulting from the contributions of the
members of the connected working group.
In the past two years Paolo has also laid
out the foundations of his individual PhD
research project, a history of approaches
to humanitarian intervention in the United
States and their relation to religion. As
a result an article and two book reviews
were published:
‘James Brown Scott’s
International Adjudication between Tradition
and Progress in the United States’ (Journal
of the History of International Law, 16, 2,
2014); ‘Book Review: Lincoln’s Code. The
Laws of War in American History by John
Fabian Witt’ (Journal of the History of
International Law, 15, 2, 2013); and ‘Book
Review: A Secular Europe. Law and Religion
in the European Constitutional Landscape by
Lorenzo Zucca’ (Religion and Human Rights,
8, 2013). Currently Paolo is researching
international law, the Spanish-American War
and its imperial aftermath, which is expected
to result in an article and a presentation for
the Third World Approaches to International
Law Conference in Cairo (February 2015).
Katja Creutz
Katja Creutz has been working on finalizing
her doctoral thesis on state responsibility
in international law, and handed in her
manuscript in autumn 2014. She has
published two articles: ‘Law versus Codes of
Conduct: Between Convergence and Conflict’
in Jan Klabbers and Touko Piiparinen (eds),
Normative Pluralism and International Law:
Exploring Global Governance (CUP, 2013)
166-200; and ‘International Responsibility
12
and Problematic Law-Making’ in Rain Liivoja
& Jarna Petman (eds), International LawMaking: Essays in Honour of Jan Klabbers
(Routledge, 2014) 171-189. Ms. Creutz has
also been teaching at the university.
Monica García-Salmones
During this period Monica García-Salmones
has been working on her new research
project Taming the Sacred: The Birth of the
Modern European Empire in International
Law. Together with the other members of
the Academy of Finland Research Project
International Law, Between Religion and
Empire, Mónica organized two workshops of
experts in Berlin (April 2014) and in Rome
(May 2014).In 2014 she has contributed to
the Manual de Derecho Internacional de la
Universidad de los Andes (René Urueña, ed)
with a piece in Spanish - ‘Hay lugar para lo
sagrado en derecho internacional?’ - and
to the Oxford Handbook of International
Legal Theory with a text entitled ‘Early
Twentieth Century Positivism Revisited’.
Her publications during the year 2013
included a monograph, The Project of
Positivism in International Law (OUP), and
an edited book together with Pamela Slotte,
Cosmopolitanisms in Enlightenment Europe
and Beyond (Peter Lang Internationale
Verlag der Wissenschaften). She also worked
as a referee for two scientific journals.
Kelly Grotke
Kelly Grotke is a post-doctoral researcher
affiliated with the Erik Castrén Institute. After
the ERC-funded Research Project Europe 18151914 (EReRe, headed by Martti Koskenniemi
and Bo Stråth) ended in 2012, she continued
to work on the manuscript begun under that
project: Time, History, and Epistemology
in the Long Nineteenth Century: A Study
in European Philosophical Culture. Her
volume on nineteenth-century constitutional
history, co-edited with her EReRe colleague
Markus Prutsch, was published by Oxford in
the autumn of 2014. She presented a paper
on finance and accounting for the Helsinki
Collegium conference, Dictatorship of Failure,
which was later published, and was also
invited to the Storey Institute in Lancaster,
UK, to give a paper on Ernst Ferdinand
ERIK CASTRÉN INSTITUTE
Klein’s Freyheit und Eigenthum (1794) for
the conference Dialogue as a Literary Form
Across Philosophical Traditions. Recently she
joined a new project, Wissen(schaft), Zahl
und Macht: Zeitgenössische Politik zwischen
Rationalisierung
und
Zahlenhörigkeit,
sponsored by the Collegium for Young Scholars
and Scientists at the Heidelberg Akademie der
Wissenschaften.
Manuel Jiménez-Fonseca
Manuel has been working for Koskenniemi’s
research project Intellectual History of
International Law: Empire and Religion as a
doctoral student since September 2012.
Ville Kari
A member of the Law in a Changing World
Doctorate Programme since January 2012,
Ville continues to work on his doctorate thesis
in affiliation with the Erik Castrén Institute
and the research project Towards a Credible
Ethics for Global Governance directed by
Professor Jan Klabbers. In 2013, Ville spent
a research period in Nepal studying the postconflict constitution drafting process and its
recent crisis. Since early 2014, he has lived
part-time in Paris and has spent several
consecutive periods as a visiting researcher
at the IREDIES institute at Paris I, PanthéonSorbonne.
Jan Klabbers
Having spent the first half of 2013 as
visiting professor at the Graduate Institute
of International and Development Studies
in Geneva, Jan took up the Martti Ahtisaari
Chair as of 1 July 2013. The five years of
this special professorship will be devoted to
the study of global ethics, in particular with
a view as to whether it would be possible to
look for guidance to the old tradition of virtue
ethics in order to evaluate or control exercises
of global governance. He assembled a small
team during the course of 2013 (two PhD
researchers and a post-doctoral researcher)
and organized a kick-off seminar with a host
of foreign guests. During the spring of 2014
two roundtable discussions were held in
Helsinki: one in order to find out whether and
REPORT 2013–2014
how a global ethics could respond to practical
concerns; the other in order to develop ways
of integrating the virtues into legal and
political thought. Jan published two books
during 2013, both with Cambridge University
Press. The first is a very well-received general
textbook on public international law, under
the title International Law. The second is an
edited volume for a more specialist audience
on Normative Pluralism and International
Law: Exploring Global Governance (co-edited
with Touko Piiparinen). During 2013 and
2014, he further worked on the third edition
of his An Introduction to International
Organizations Law, which should come out in
the spring of 2015. Additionally, he published
a number of articles and book chapters,
including a lengthy article in the European
Journal of International Law. He lectured
at various universities (including Oxford,
Cambridge, Edinburgh, Pisa, Amsterdam,
and Copenhagen) and the European
Master’s programme in Human Rights and
Democratization (Venice), spoke at various
international conferences and workshops,
and examined half a dozen or so doctoral
dissertations in Finland and abroad. He was
also a member of the OECD’s expert panel
helping to develop a multilateral convention
on taxation. He is currently mostly working
on the ethics project and, related, on the
possibilities of exercising control over
international organizations.
Margareta Klabbers
Margareta Klabbers is a postgraduate student
of international law and a member of the Law
in a Changing World Doctoral Programme
since 2012. She is currently writing her
PhD thesis on the concepts of territory and
jurisdiction in international law, with a special
interest in law and geography, critical legal
geography and the histories of territory and
jurisdiction. Margareta has been a speaker in
international conferences, most recently in
Paris and in Reykjavik, and is currently part
of the book project ‘The Changing Practices
of International Law: Sovereignty, Law and
Politics in a Globalising World’. She also
teaches international law in the Faculty of
Law, University of Helsinki.
13
Magdalena Kmak
Magdalena Kmak has been a Lecturer in International Law at the Faculty of Law and a researcher at the Institute. She is
co-director of the project Law and the Other in Post-Multicultural Europe, funded by the University of Helsinki research
funds, which is being implemented from 2013-2015. Until March 2014, she also worked as an expert in the project Equal
Before the Law: Access to Justice in Central Asia. Magdalena’s research focuses on legal rules regulating administrative
detention of immigrants – with the overarching objective of addressing the problem of increasing use of detention of
foreigners - and exploring the rationality behind the establishment and functioning of this institution, as well as its
intricate ties to international human rights instruments. Magdalena’s work also focuses on the conceptualisation of
various paradoxes of migration policies, such as technology of morality, which govern the management of immigrants
in Europe. Her recent publications include the following articles, book chapters and book reviews: ‘Balancing Control
with Rights: Immigration detention in Finland’ (with A. Seilonen, in A. Nethery and S. J. Silverman, Immigration
Detention: The Global Journal of a Policy, Routledge 2015); ‘From multiculturalism to post-multiculturalism: Trends
and Paradoxes’ (with D.A Gozdecka and S. A. Ercan, Journal of Sociology, vol. 50, 2014); ‘Producing irregularity –
management of immigrants in the European Union’ (in: G. Azoulay, V. Ancey , D. Dormoy, Ch. Crenn , A. Mangu and
A. Thomashausen (eds) Mobilités, migrations, liées au développement et à l’environnement : Formes et gouvernances,
Paris: L’Harmattan 2014) ; ‘Immigrants in the Finnish labour market. An overview of integration policy in Finland’
(with A. Sadinmaa in M. Fagasinski & M. Szczepanik (eds.) Between incentives and restrictions. Responses to 21st
century migration challenges in selected European countries. Warsaw: Helsińska Fundacja Praw Człowieka); and
‘Review of the book of Leanne Weber and Sharon Pickering ‘Globalization and Borders, Death at the Global Frontier’
(Punishment and Society, vol. 15, 2013).
14
ERIK CASTRÉN INSTITUTE
Magdalena Kmak in Mosccow
Working Group on International Law and Empire (Berlin, Germany), 7-9 April 2014, the Finnish Institute, Berlin
Martti Koskenniemi
Martti spent much of the years 2013-14 as he has done now for some time, doing research for his Finnish Academy financed
project on the intellectual history of international law in the period 1300-1800. By this time, Martti had proceeded to the
eighteenth century, examining the uses of the idiom “law of nations” in the lead up to the French revolution and the
consolidation of the British Empire. Among the most interesting parts of this work were examining the role – or the nonrole –law had in the Haitian revolution as well as in the settlement of the American Eastern seaboard. Another theme
that pushed itself to the fore was the increasing predominance, in law faculties and among foreign policy advisors, of
considerations of economic governance. The debates governing the expansion of trade have often been excluded from
narratives of the history of legal thought. In the course of writing the eighteenth century parts of his work, Martti became
convinced, however, that the debates on “jealousy of trade” had an important legal aspect that should be included in his
work. For example, both Physiocrats in France and experts in policy science in Germany were busy figuring the path
from the law of nature to something more concretely useful for European rulers, something that the early founders of the
Scottish enlightenment began to call “political economy”. Martti’s manuscript kept getting larger and he foresaw the need
for intense editorial work in the future.
But not all of Martti’s time was spent in lonely research. The Finnish Academy financed project “Intellectual History of
International Law: Empire and Religion” got well under way, with its two working groups – one on “empire” and another
on “religion” – meeting in Finland and other locations and a series of smaller workshops and talks were organized in
Helsinki. It was particularly pleasing to begin work on a new collective project now that the 5-year project on “Europe
between Restoration and Revolution” (EReRe), co-directed by Martti and Professor Bo Stråth of the Renvall Institute, had
come to an end. This latter project, funded by the European Research Council (ERC) was one of the largest humanities
and social sciences oriented projects ever in Finland and a wonderful example of collegial research within a wholly
international research group. In its final years, the project completed several collective volumes (three or two of them
published so far) and many more are in the pipeline.
Martti also continued his many other activities, including spending time in London as Centennial Professor with
the London School of Economics and Political Science (LSE) and giving a master class with the Max Planck Institute
of international and comparative law in Heidelberg. He also attended seminars on his own work at Temple University
and in Bologna/Ravenna and gave a series of talks on the role of property in the development of international law, a key
theme of his recent research. Martti’s intense travelling was somewhat disrupted in 2013 when he broke his leg running
on a treadmill. This led to moving one series of his London lectures to video – something he regarded as quite a positive
experience – and to some overall slowing of his writing. In eight months’ time, however, Martti was back running around
Lake Töölö, having sworn never to step on a treadmill again.
REPORT 2013–2014
15
Paavo Kotiaho
Anne-Charlotte Martineau
During the academic year 2012-2013 Paavo
Kotiaho visited the School of Oriental and
African Studies as a Visiting Research Fellow
at the Centre for the International Politics of
Conflict, Rights and Justice. In addition to
his research there, Kotiaho took an interest
in the academic community of London and
gave four separate presentations: firstly at
the 2012 Historical Materialism Conference;
followed by a SOAS Faculty Research Seminar
on his work in Spring 2013; another workshop
on a related thematic at the University of
Oxford in 2013; and a further presentation at
the 2013 Historical Materialism conference.
Additionally, Paavo Kotiaho co-authored an
article together with Dr Robert Knox on the
World Trade Organisation, published in 2014
by Social and Legal Studies. In 2014 Kotiaho
won substantial awards to finalise his doctoral
work from the Päijät-Häme Fund of the
Finnish Cultural Foundation as well as the Auli
ja Brynolf Honkasalo Fund at the University
of Helsinki. In the summer of 2014, Kotiaho
was recruited by the Ministry for Foreign
Affairs for a temporary contract in their
Human Rights Courts and Conventions Unit
of the Legal Service, where he currently works
mostly on litigation before the European Court
of Human Rights. Kotiaho nevertheless seeks
to remain an active part of the academy, and
is currently working on a collaborate research
project funded by Harvard University’s
Institute for Global Law and Policy together
with researchers from the London School of
Economics, Liverpool Law School, and School
of Oriental and African Studies.
In 2014, Anne-Charlotte defended her PhD,
with Professor Karen Knop as her opponent,
and obtained the grade magna cum laude
approbatur. Her disseration, which critically
analyses the debate on the fragmentation of
international law, will be published by the
edition Larcier/Bruylant. Since September
2014 she has worked as a Senior Research
Fellow at the Max Planck Institute in
Luxembourg. Her post-doctoral research is
historically oriented; it looks at international
law in the colonial era, with an emphasis on
French colonies.
Tero Lundstedt
Tero Lundstedt is a Doctoral Candidate at
the Institute. Lundstedt’s dissertation work,
entitled ‘From Kosovo to Crimea - The Legal
Legacy of the Socialist Federal Dissolutions’,
analyses the legal background of the
post-Soviet and post-Yugoslav separatist
movements that have appeared since the early
1990s. It also seeks to illustrate where the exUSSR subunits’ independence claims derive
from, and how the independence of Kosovo in
2008 made the former ‘frozen conflicts’ heat
up, indirectly leading to the Georgian-Russian
armed conflict and the current Crimean
secessionist crisis.
16
Pekka Niemelä
After his international law assistantship
ended in February 2013, Pekka Niemelä has
focused on writing his licentiate thesis on
international investment law. The project is
in its final stages and will also result in the
publication of two peer-reviewed articles the first article, ‘Investor-State Arbitarion
under Fire: Implications of Finland’s Bilateral
Investment Treaties’, comes out in December
2014 in a Finnish legal periodical; the second,
‘The Evolving Investment Policy of the EU
and Member State BITs: Where are We?, will
be published in early 2015 in an international
journal. Pekka is going to move to Berlin in
December 2014 and will continue his research
as a visiting fellow at Humboldt University.
Francisco Ortega
Francisco A. Ortega joined the Erik Castrén
Institute in September 2009 as a postdoctoral
researcher working on The Research Project
Europe 1815-1914. Francisco is currently writing
for the project a book length manuscript,
provisionally titled ‘European Virtues, American
Republics: An intellectual history of Social
Difference and the Making of the Gran Colombia
Republics (1770-1870)’. The manuscript
explores the transformation of political culture
in northwest Spanish-America (Ecuador,
Colombia, Panama and Venezuela) during
the age of the Atlantic revolutions, and the
subsequent period of institutional consolidation
and nation building. It explores such
transformations by focusing on the meaning and
intellectual importance of social difference –both
ERIK CASTRÉN INSTITUTE
as a resource and as an obstacle— for diverse
political and intellectual actors in the constitution
and consolidation of the new republics. The
manuscript was sent on October of this year to
the editorial office of Bloomsbury in London and
is currently under evaluation. Francisco is also an
Associate Professor in the History Department at
the National University of Colombia in Bogotá,
where he resumed teaching upon his return from
Helsinki on September 2012. During the months
of June to September 2014 he was awarded
a fellowship by the Max-Planck-Institut Für
Europäische Rechtsgeschichte, Frankfurt, which
allowed him to conduct research as a Gäste
Wissenschaftler. In addition, he is a member of
the Spanish based Iberconceptos network and
has participated in several Concepta meetings.
Over the last year he published the following
chapters in academic books: ‘Ariadne’s Thread:
Early Latin American Constitutions: New
Granada 1810-1812.’, in Kelly L. Grotke and
Markus J. Prutsch (eds.), Constitutionalism,
Legitimacy, and Power: Nineteenth-Century
Experiences (Oxford University Press 2014),
pp. 225-40.); ‘We either Invent or we Err: PostColonial Critical Cosmopolitanism in the 19th
Century”, in Pamela Slotte and Mónica GarcíaSalmones (eds.), Analyzing Cosmopolitanisms in
Enlightenment Europe and Beyond, 35 (Oxford,
UK: Peter Lang, 2013); and ‘And Where Are the
People?: Genealogies of the pueblo During the
Late Eighteenth and Early Nineteenth Century.’,
in Geoffrey Kantaris and Rory O’Brien (eds.),
Latin American Popular Culture: Politics, Media,
Affect, 45-70 (Rochester, NY: Tamesis Books,
2013.).
Jarna Petman
Jarna continued as Senior Lecturer to take
care of the duties of Professor of International
Law at the Helsinki Law Faculty. In
addition to being the teacher responsible
for the discipline of international law, she
was also directing the Faculty’s Englishlanguage MICL master’s degree programme
in International Business Law and
International Public Law. A whole new layer
of administrative duties was added on Jarna’s
desk in early 2014 as she was appointed Vice
Dean of the Faculty of Law to take charge of
international affairs (not only in the Faculty’s
interactions but also in study and research
matters) as well as community relations.
Blissfully, Jarna thus no longer has to worry
about what to do in her spare time. Although
the end of 2013 also marked the end of the
Academy of Finland Centre of Excellence in
the Foundations of European Law and Polity
Research, a collaborative research venture
that Jarna had been involved with since
THE UKRAINIAN CRISIS
INTERNATIONAL POLITICS AND LEGAL IMPLICATIONS
On December 8th, a panel discussion on Ukraine drew the Institute’s
colourful list of events in 2014 to an end. The debate, chaired by
Professor Martti Koskenniemi, included expert panelists on
the field; Oleksandr Merezhko (Head of the Chair of Law,
Kiev National Linguistic University) and Igor Gretskiy
(Associate Professor, School of International
Relations, St. Petersburg), representing Ukraine and
Russia, as well as the Russia specialist Sinikukka
Saari (Finnish Institute of International Affairs),
and Professor Jarna Petman (Faculty of Law,
University of Helsinki).
The lively debate analysed questions about the current
situation of the legal order in Europe and the overall tense
political situation in the Eastern Ukraine. The experts
carefully explained both the political and legal background
on the topic, Russia’s controversial role and the legal status of
Crimea, and how international law has been breached in the crisis.
REPORT 2013–2014
17
2008, the period of 2013-2014 was not void
of other joint research projects. Among them,
Jarna directed a comparative study for the
Ministry of Interior on European legislation
related to the protection of victims of human
trafficking; for the Ministry of Transport and
Communications, she produced a research
report on the sovereignty of Finland over
airspace from the perspectives of EU law
and international law with professor Ojanen.
On her own, she wrote a research report for
the Ministry of Defence on the international
legal regulation of the use of cyber force.
The period also saw the publication of
International Law-Making: Essays in Honour
of Jan Klabbers that Jarna co-edited for
Routledge with Rain Liivoja to celebrate Jan’s
50th birthday. Among other publications,
Jarna continued as Editor-in-Chief of the
Finnish Yearbook of International Law. As a
member of the European Committee of Social
Rights, Jarna spent much of the period 20132014 in Strasbourg, the Committee convening
for a week’s session seven times a year. She
also visited a number of the Council of Europe
member states from Malta to Azerbaijan for
official meetings and seminars. While her sixyear membership in the Committee came to
18
its conclusion in December 2014, Jarna was
in July 2013 elected – as the first Finn – as
one of the Commissioners of the International
Commission of Jurists that seeks to protect
human rights through legal expertise by
developing and strengthening national and
international justice system. As before, Jarna
gave over the period numerous academic
lectures and addresses at conferences and
universities in Finland and abroad, including
China, Norway, the United States, Russia, and
Italy. She was a much sought-after speaker
also outside the academia and was invited to
address the general public and representatives
of non-governmental organizations as well
as policy-makers in Finland and abroad,
giving talks, inter alia, at the United Nations
Headquarters in New York, United Nations
Palais des Nations in Geneva, and the World
Bank Headquarters in Washington, D.C. In
addition to her academic duties, Jarna was
training Finnish judges and prosecutors as
well as civil servants in human rights law, and
she continued to act as a legal expert before
the Constitutional Law Committee of the
Parliament and for the various ministries of
Finland. She also continued to appear in the
media as a commentator on current affairs.
ERIK CASTRÉN INSTITUTE
Nadia Tapia dancing, Helsinki Light Festival
Walter Rech
Since Walter Rech arrived at ECI in
September 2012, he has been working on the
postdoctoral project International Law and
the Philosophy of History within the broader
project International Law, Religion and
Empire, led by Professor Martti Koskenniemi.
The aim of his research is to show the
relevance and function of historical narratives
in the formation of modern international law,
with particular reference to international
legal theory. So far this investigation has
resulted in the writing of three articles and
one book review. One article, ‘Eschatology
and Existentialism: Carl Schmitt’s View of
History and International Law’, will soon be
published in M. Arvidsson, L. Brännström
and P. Minkkinen (eds), The Contemporary
Relevance of Carl Schmitt: Law, Politics,
Theology (Abingdon: Routledge, 2015). A
further article, ‘International Law, Empire
and the Philosophy of History’, will appear
in a collective volume containing the papers
of the working group International Law and
Empire that met in Helsinki and Berlin in
April 2013 and May 2014. Walter’s book
review of David Armitage’s Foundations of
Modern International Thought, again dealing
with the intellectual history of international
law, has been published in (2013) 11 (3)
International Journal of Constitutional Law
826–31. One further piece, focusing on the
historical thought of eighteenth-century
philosopher and lawyer Giambattista Vico,
has been submitted to an international
journal.
Pamela Slotte
Pamela Slotte is an Academy Research Fellow
since September 2013. Her current research
project is called Management of the Sacred
– A Critical Inquiry. Slotte is also a member
of the Academy of Finland research project
Natural Rights and Needs in Medieval
and Early Modern Politics (2012-2015).
Together with Miia Halme-Tuomisaari she
has edited a book on ‘Revisiting the Origins
of Human Rights’, which will be published
with Cambridge University Press in 2015.
Among other publications produced during
2013-2014, the chapter ‘International law
and freedom of religion and belief: Origins,
presuppositions and structure of the
REPORT 2013–2014
protective framework’ will be published in
the Routledge Handbook of Law and Religion
(edited by Silvio Ferrari) in 2015.
Ukri Soirila
For the past two years Ukri Soirila has been
working on his doctoral thesis - currently titled
‘Rights of Life: biopolitics and humanity’s
law’ - as a member of the research project Law
and the Other in Post-multicultural Europe
and the graduate school Law in a Changing
World. During this time, Ukri has also
prepared a report on the assistance of victims
of human trafficking for the Ministry of the
Interior, and published articles on human
rights, pluralism, trafficking in human beings,
and human dignity.
Immi Tallgren
Immi Tallgren is a research fellow at Erik
Castrén Institute, carrying out research
mainly in international criminal law and
the history of international law. In 2014, she
joined the Centre for International Studies
at the London School of Economics and
Political Science as a visiting senior fellow.
She is also affiliated as chercheuse associée
at the Seminaire interdisciplinaire d’etudes
juridiques of the Saint Louis University in
Brussels. In 2013-2014, she published a
number a journal articles and book chapters,
and presented papers at several international
conferences, including New Directions in
Global Thought: IGLP at Five, Harvard Law
School; Law, Culture and Humanities Annual
Conference, Birkbeck, London; The Historical
Origins of International Criminal Law, Hong
Kong City University; and Frontière(s) au
Cinema – VIIèmes rencontres Droit et cinema,
La Rochelle. She is involved in numerous
research collaborations and publication
projects, including within the frames of the
Working Group on International Law and
Religion, University of Helsinki; CAICL
(Critical Approaches to International Criminal
Law); and the Collaborative Research Network
(CRN) on International Law and Politics.
19
Reetta Toivanen
Nadia Tapia
Nadia is a CIMO Fellow at the Institute. She
is currently conducting an empirical study on
cases of collective reparations to victims of
gross violations of International Human Rights
Law and serious violations of International
Humanitarian Law. This project is carried out
under the supervision of Prof. Jarna Petman
and is closely related to her Doctoral Studies,
to be initiated in January 2015. The Doctoral
Studies Research Project proposes a study
of the scope of crimes under International
Criminal Law, in order to understand which
measures of reparations to victims are most
suitable in this context, taking into account
that there are parallel and different sources to
repair the harm done by the same conducts.
Tuomas Tiittala
January 2012 to September 2013 was the
first phase of Tuomas Tiittala’s journey
towards a doctorate. Tuomas started his
research by exploring the fields of ethics
and moral education, and continues this
work to the present day. He presented his
discoveries in three academic conferences,
two of them abroad. The second phase began
in September 2013 when Tuomas joined the
project Towards a Credible Ethics for Global
Governance. In this phase, he has taken up
teaching, narrowed down the focus of his
research, and participated in international
conferences and a workshop which relate
closely to his current interests.
20
Dr. Reetta Toivanen is an Adjunct Professor
for Social and Cultural Anthropology and
a Finnish Academy Research Fellow at the
Erik Castren Institute of International Law
and Human Rights. Her research project
‘Glocal’ Governance: On the meanings and
consequences of the “vernacularization”
of Human Rights Concepts deals with
multiethnic and –lingual municipalities in the
Barents Sea area. She is also a non-resident
senior research fellow at the European Centre
for Minority Issues (ECMI) at Flensburg.
She is the President of the Finnish Human
Rights League and a member of the European
Committee Against Racism and Intolerance
(ECRI). Recent publications: Cultural and
linguistic minorities in the Russian Federation
and the European Union (edited together with
Marten, Riessler and Saarikivi), (Springer
2014); ‘From Ignorance to effective exclusion?
The role of ethnic and national minorities
within the Finnish consensus culture’, in Peter
Kivisto / Peter A. Kraus (eds.) The Challenge
of Minority Integration: Politics and Policies
in the Nordic Nations, (DeGruyter 2014); and
“Alkuperäiskansojen oikeudet: totta ja tarua”
in Virtanen, P. K., Kantonen, L. & SeurujärviKari, I. (eds.), Alkuperäiskansat tämän päivän
maailmassa (SKS 2013).
Taina Tuori
Taina Tuori is working on her PhD dissertation
on the emergence of rights language in the
Mandate system of the League of Nations.
She has also published an article on the same
theme, forthcoming in Revisiting the History
of Human Rights, edited by Miia HalmeTuomisaari and Pamela Slotte (Cambridge
University Press). She has been teaching the
European human rights system to students
on both bachelors and masters levels.
ERIK CASTRÉN INSTITUTE
Lauri Tähtinen
Lauri Tähtinen is Academy of Finland
Postdoctoral Researcher at the Erik Castrén
Institute. Lauri received a PhD in History
from the University of Cambridge and
has held previous research appointments
at Brown University and the European
University of Institute. His current interests
center on the right of communication; a
jurisprudential category that justified trade
and migration in the early modern world. The
project examines Spanish and Portuguese
approaches to empire and communication
that can be viewed as two different globalising
models.
Guilherme Vasconcelos Vilaca
Guilherme Vasconcelos Vilaca has been a
post-doctoral researcher within Jan Klabbers’
project Toward a Credible Ethics for Global
Governance. His research focuses on
evaluating the potential and limits of different
situational ethics when applied to global
governance. He published ‘Badiou’s Ethics: A
Return to Ideal Theory’ in The International
Journal of Badiou studies. 3, 1, p. 271-321, and
is working on an article concerning the impact
of pragmatism in international ethics debates.
In addition, he taught “Global Ethics” and
presented his work on several occasions both
within and outside Helsinki University.
REPORT 2013–2014
Kangle Zhang
Kangle Zhang joined the Institute in September
2014 as a research fellow, and is a doctoral
candidate at Faculty of Law, University of
Helsinki. Kangle has been working mostly
on his PhD ‘Is International Law Targeting
the Right Objects? A Critical Study of Private
Regulation in Global Governance’. Kangle has
worked as the coordinator of Peking University
Institute of International Law.
21
RESEARCH PROJECTS
Professor Jan Klabbers (in the middle) with his research project members
Towards a Credible Ethics for Global Governance
Duration:2013-2018
Funding:
Academy of Finland
Director: Professor Jan Klabbers
Researchers: Diliana Stoyanova
Tuomas Tiittala
Guilherme Vasconcelos Vilaça
Ville Komulainen
There is, to date, no credible ethics of global governance, or even a credible ethics
of international politics as traditionally conceived. The conduct of international
politics is not often regarded as an ethical activity. While it is studied from a variety
of angles, none of these is deemed to be particularly ‘ethical’. This project aims to
develop a virtue ethics of global governance by concentrating on the professional
roles of relevant actors. Similar attempts have been undertaken in other decisionmaking settings: business school professors have
applied virtue ethics to business decisions; public administration scholars have been
working on public policy decisionmaking, and more generally, ethicists working
within this tradition have come to apply it to a number of professions that have
a public component, ranging from healthcare professionals to lawyers, including
judges. This project hopes to contribute to the creation of such a credible ethics of
global governance.
22
ERIK CASTRÉN INSTITUTE
Law and the Other in Post-Multicultural
Europe
Intellectual History of International
Law: Empire and Religion
Duration:2013-2015
Funding: Research Fund of the University
of Helsinki
Directors: Dr. Dorota A. Gozdecka
Dr. Magdalena Kmak
Researchers: Petr Agha
Selen Ayirtman Ercan
Aleksandra Gliszczyńska-Grabias
Lauri Hannikainen
Sanna Mustasaari
Eliška Pírková
Ukri Soirila
Duration: 1.1.2012–31.12.2016
Funding: Academy of Finland
Director: Professor Martti Koskenniemi
Researchers: Paolo Amorosa
Manuel Jiménez-Fonseca
Mónica García-Salmones Rovira
Walter Rech
The objective of this research project is
to examine the recent legal and social
developments and explore the claim that
Europe has entered a new post-multicultural
era. The research is carried out against
the background of recent social, political
and legal changes and its aim is to grasp
the meaning of post-multiculturalism
and its consequences for the citizens of
Europe and those constructed as ‘Other’.
Project researchers focus on rethinking
how the criticism concerning essentialising
human experiences and communities can
be overcome by accommodation of more
contextualized approaches reducing single
axis analyses of culture, religion, gender or
foreignness. Our team includes researchers
focusing on a range of topics related to postmulticulturalism such as the problematic
of migration, accommodation of ethnic,
religious and gender minorities, rights
fostering cultral and religious diversity as well
as the phenomena of xenophobia, racism and
hate speech.
The project focuses on two dimensions of the
history of international legal thought, namely
the role of religion in the formation and
application of legal concepts and institutions
from early modernity (16th century) to the
present, and the way those concepts and
institutions have contributed to specifically
imperial ideas about how the world ought to
be governed. The project is divided into two
‘streams’, one on ‘religion’ and the other on
‘empire’. The idea is that each researcher
works broadly focusing on either one or the
other of the streams.
On ‘Glocal’ Governance: On the
Meanings and Consequences of the
‘Vernacularization’ of Human Rights
Concepts
Duration:13.07.2011–31.08.2015
Funding:
Academy of Finland
Director:
Reetta Toivanen
Researchers: Anna Leppänen
Anna-Kaisa Räisänen
Panu Itkonen
Assistants: María José Belmonte Sánchez
Nora Fabritius
This research project aims at understanding
of how minority rights are vernacularized in
municipalities where inhabitants belong to
different majority and minority populations.
The special interest is to consider the power
of transnational networks influencing
the local interpretations of international
rights discourses. The anthropological field
research will be conducted in Inari, Laksev
and Lovozero, which are all multiethnic and
multilingual municipalities in the Barents Sea
area.
REPORT 2013–2014
23
Equal Before the Law: Access to
Justice in Central Asia
Duration:2012–2013
Funding:
Ministry for Foreign Affairs of
Finland
Researchers: Magdalena Kmak
The overall objective of the program was
to increase access to justice for vulnerable
populations in Kazakhstan, Kyrgyzstan and
Tajikistan, in particular rural women, at-risk
children and people with disabilities.
Faculty of Law and the ECI were invited to
participate in the project as a partner with one
law school in each Central Asian Countries.
This partnership encompassed faculty
and student exchanges to improve general
teaching and instruction and assistance in
developing courses on relevant international
law. The aim of those activities was to
build awareness and expertise of access to
justice among future legal practitioners and
educators.
Human Rights: Law, Religion and
Subjectivity
Duration:1.1.2009–31.12.2013
Funding:
Academy of Finland
Director:
Professor Tuomas Ojanen
Researchers:
Miia Halme
Pamela Slotte
Paavo Kotiaho
Pekka Niemelä
The project has studied the language of
‘human rights’ and the normative
implications of its inherent emphasis in the
fields of law and theology. It departs from the
recognition that human rights form a kind
of normative meta-language, and apart from
individual monographs or other scholarly
publications, the project has prepared a book
on Human Rights: Genealogies, Context and
Contestations which has contributed to the
expanding scholarship on the intellectual origins of human rights.
Registan in Samarkand, Uzbekistan
24
ERIK CASTRÉN INSTITUTE
ELDIA: European Language
Diversity for All
Duration:2010–2013
Funding:
7th Framework Programme
European Union
Director:
Reetta Toivanen
ELDIA was an interdisciplinary research
project for reconceptualising, promoting
and re-evaluating individual and societal
multilingualism. The empirical research
was conducted with a selected sample
of multilingual communities, covering
practically the whole spectrum of different
political and socioeconomic circumstances of
linguistic minorities in Europe (smaller and
more numerous, autochthonous or migrant
communities, vigorous and endangered,
highly or weakly standardized languages etc.).
The results of the research project, however,
will be used to the study of multilingualism
and the development of language policies in
other multilingual contexts as well, in and
outside Europe.
Quality Education in Romani for Europe
Duration:2010–2013
Funding: EU Long Learning
Programme
Director: Reetta Toivanen
Between Restoration and Revolution,
National Constitutions and Global Law:
An Alternative view on the European
Century 1815–1914
Duration:2009–2013
Funding:
European Research
Council
Directors:
Professor Bo Stråth
Professor Martti Koskenniemi
Researchers:
Adrian Brisku
Kelly Grotke
Peter Haldén
Thomas Hopkins
Liliana Obregón
Francisco Ortega
Markus Prutsch
The point of departure of this project was that
a good part of the present deficit of legitimacy
of European institutions emerges from a
deeply a-historic view of Europe’s past. The
project has in particular been investigating
three European fields of tension:
• Between constitutions as instruments
for restoration and reform/revolution,
between monarchical sovereignty and
people’s sovereignty;
• Between geopolitics and global law, and
• Between the social and the economic,
between the fiction of the state and the
fiction of the market.
The project has aimed for piloting the
Curriculum Framework for Romani(CFR)
and the corresponding European Language
Portfolio Models (ELPs) which are based
on the Common European Framework of
Reference for Languages (developed by the
Council of Europe)
1815
1914
REPORT 2013–2014
25
EDUCATION AND
COOPERATION
“International collaboration seems to be one of the main
hallmarks and attractions of the RC. The three directors and some
of the other senior researchers have impressive international
affiliations and contacts. Some of the top researchers spend
much time at other highly esteemed institutions, but this also
secures access to these institutions for the younger researchers.
It is probably a demanding task to organize the international
collaboration and networks of the RC, but if it functions,
it creates a very advantageous position for the RC.”
International evaluation of research and doctoral training
at the University of Helsinki 2005-2010
26
ERIK CASTRÉN INSTITUTE
REPORT 2013–2014
27
The Institute co-operates in research and
education with number of partners in
Finland and abroad. Many of the events, such
as seminars, are organized in cooperation
with the partners in funding, research and
education. Especially Ministry for Foreign
Affairs continues to be an important partner
in cooperation with the annual summer
seminar as well as with common events like
seminars and guest lectures.
for Human Rights and Democratisation
(EIUC). Altogether 41 European universities
are members of the network. Professor Jan
Klabbers is the Institute’s representative and
teaches in the programme, participates in its
planning and functions as the tutor to E.MA
students. Every spring semester ECI has
the pleasure to welcome one to four student
from Venice to Helsinki in order to finish
the degree with final courses and writing the
masters’ thesis.
Main Partner Institutions
Association of Human Rights Institutes
(AHRI)
• Academy of Finland
• CMC – Conflict Management Centre
Finland
• CMI – Crisis Management Initiative
• EIUC – Inter-University Centre for
Human Rights and Democratization
• Finnish Pugwash Committee
• Finnish Red Cross
• Institute for Global Law and Policy
(Harvard Law School)
• Institute for Human Rights at Åbo
Akademi
• Ius Gentium – Finnish International Law
Association
• KATSE – Finnish International Studies
Association
• London School of Economics
• Max Planck Institute for Comparative
Public Law and International Law,
Heidelberg
• Max Planck Institute for European Legal
History, Frankfurt/Main
• Max Planck Institute Luxembourg for
International, European and Regulatory
Procedural Law, Luxemburg
• Ministry for Foreign Affairs of Finland
• Ministry of Education and Culture of
Finland
• New York University
• University of Melbourne
Since September 2007, ECI has been a
member of the Association of Human
Rights Institutes (AHRI). AHRI consists of
50 European Human Rights Institutes that
carry out research and education in the field
of human rights. The object of AHRI is to
promote research, education and discussion
in the field.
European American Consortium for Legal
Education (EACLE)
The Institute and the Faculty of Law of the
University of Helsinki are represented in the
European American Consortium for Legal
Education (EACLE) by Dr. Jarna Petman.
The Consortium promotes cooperation and
the exchange of ideas between European
and American lawyers, law teachers,
and law students. EACLE works through
closer partnerships in multinational webs
of cooperation that will give students the
greatest possible flexibility and more strongly
encourage their transnational experience.
Participation in Programmes and
Networks
European Master’s Programme in Human
Rights and Democratisation
The Erik Castrén Institute participates in the
European Master’s Programme in Human
Rights and Democratisation (E.MA) under
auspices of European Inter-University Centre
28
ERIK CASTRÉN INSTITUTE
EVENTS
2014
8 December | Seminar | The Ukrainian Crisis: International Politics and Legal
Implications
13 November | Seminar | Capital vs Future Generations” - An Unfolding Investment
Dispute over the World Heritage Site of Le Morne
27-28 October | Conference | History and Histories of International Law
22 September | Guest Lecture | Paul Seils: Accountability in Syria: Walking before
Running
23 September | Guest Lecture | David Fischer (International Red Cross): Disaster Law Shaping Laws and Regulations to Save Lives
27 August | Seminar | What to do with the TTIP? Panel discussion on the Transatlantic
Trade and Investment Partnership
18-29 August | Helsinki Summer Seminar on International Law: International
Investment Law: Between Private and Public
28 May | Rights, self-determination, culture - and what they mean for ‘indigeneity’, ECI
brown bag seminar by Professor Isabelle Schulte-Tenckhoff,
May 22 | “Victims of serious human rights violations as reparations claimants at
international judicial forums: The cases of the Inter-American Court of Human Rights,
the International Criminal Court and the Extraordinary Chambers in the Courts of
Cambodia”, ECI brown bag seminar by Dr. Juan Pablo Perez Leon Acevedo
REPORT 2013–2014
29
21 May | Lecture on Law and War in
Cyberspace, by Dr.Russell J Buchan
24 April | Rule and Rules, ECI brown bag
seminar by Professor Nicholas Onuf
20 May | Research seminar on Cyber
Espionage and International Law by Dr.Russell
J Buchan
7-9 April | Working Group on International
Law and Empire (Berlin, Germany), the Finnish
Institute, Berlin
20 May | Talk on “The International Rule of
Law and the Regional Security Architecture in
the Asia Pacific”
26 March | Seminar on Rule of Law in Central
Asia
8 May | Closing Guantanamo: Mission NOT
Accomplished Lecture by Professor Rick Wilson
6 May |Workshop on Clinical Legal Education
5-7 May | Working Group on International Law
and Religion, Rome, Italy
30 April | Why is Killing in War (Not) Murder?
Combatant’s Privilege in International and
Domestic Law. ECI brown bag seminar by Dr
Rain Liivoja
28 April | Discussion on the future of the
European area of justice, rule of law and
fundamental rights,
19 March | Tradition and Critique: Moral
Education in the Study of International Law
19 March | ECI brown bag seminar by Tuomas
Tiittala
17 March | Beyond Corporate Governance:
Why a new Approach to the Study of
Corporate Law is needed to Address Global
Inequality and Economic Development, Guest
lecture by Prof. Dan Danielsen
14 March | The International Civil Service and
the Virtues”, Roundtable session, Research
project Towards a Credible Ethics for Global
Governance
25 April | “The Virtues in Conflict?”,
Roundtable session, Research project Towards
a Credible Ethics for Global Governance
INTERNATIONAL INVESTMENT LAW
BETWEEN PUBLIC AND PRIVATE?
In August 2014, the Erik Castrén Institute organized the 27th Summer Seminar on International
Law, titled International Investment Law: Between Public and Private?, which took place in
the headquarters of the University of Helsinki.
The program gathered international recognized experts on the topic, such as Laurence
Boisson de Chazournes, Veijo Heiskanen, Kate Miles, Anthea Roberts, Kim Talus, René Urueña
and Michael Waibel, who are all ascribed in very prestigious institutions. The participants were
from diverse parts of the world and came from various backgrounds; practitioners, academic
researchers, government officers and also students from different degree levels including B.A.
students, Master students and Doctoral candidates.
During the lectures interesting discussions took place in relation to the politics of investment
treaties, the foreign investment arbitration as global governance, the problems around the
ICSID Convention, the regulatory philosophy of international investment law, international
energy investment protection among many other remarkable topics of investment law.
Many innovative perspectives and interesting conclusions were brought. Nevertheless, more
30
ERIK CASTRÉN INSTITUTE
2013
13 December | ‘Where have they all gone?
Globalisation, Language Diversity and
International Law’ ECI Guest Lecture by
Fernand de Varennes
23 October | Evolution of the Idea of a United
Europe: Some Legal Conlusions ECI Guest
Brown Bag Seminar by Zhenis Kembayev
28 November | “The Place of Badiou’s
Ethics” ECI brown bag seminar by Guilherme
Vasconcelos Vilaça
28 September | Workshop organisé par
les professeurs E. Tourme-Jouannet, Martti
Koskenniemi et Hélène Ruiz Fabri: Droit
international, empire et marché, Paris
15 November | “Anti-impunity as
Governmentality”, ECI Guest Brown Bag
Seminar by Hani Sayed
30 August | CONTROLLING GLOBAL
GOVERNANCE: kick-off seminar for the Martti
Ahtisaari Academy Professorship
14 November | On the Humanization of the Syrian
Question: A Critique of International Legal/
Institutional Responses. The 2nd Erik Castrén
Lecture on International Law by Hani Sayed
19 – 30 August | Helsinki Summer Seminar of
International Law
4 November | Forests, International Law
and Experimentalist Governance, ECI Guest
Lecture by Margaret Young
31 October | Indigenous epistemologies and
methodologies – new approaches to teaching
and research
28 October | Mobile controls: ethnographies
of borders regimes. Seminar by Shahram
Khosravi
6 June | Iran Sanctions Regime: (il)legality, (il)
legitimacy, (in)justice?, seminar co-hosted by
ECI & Pugwash
17 May | The United Nations and International
Law: Aspects of Peace and Security, seminar
co-hosted by ECI & Ministry for Foreign Affairs
11 March | Panel Discussion on Cyber Security
22 January | Investigation and Prosecution of
Violations of International Humanitarian Law:
Challenges and Perspectives / Prosecutor
Serge Brammertz, ICTY
“...a unique experience that I would recommend to any
person interested in international law, no matter their
level or background.
provocative were the questions that arose regarding the relations between international law
and international investment law. The program also included a very charming social agenda
that turned into an excellent opportunity to exchange experiences, opinions, and make new
friendships. It also provided the non-resident participants the perfect possibility to discover
Finnish art and the wonderful opportunity to visit touristic attractions of Finland.
The organization of the Seminar was impeccable, not only academically but also
administratively. Information was always available, the program was precisely developed and
the reading material carefully chosen.
Summing up, the Seminar was a unique experience that I would recommend to any person
interested in international law, no matter their level or background.
Mr. José Yepez
Second Secretary
Head of Consular Section, Embassy of Peru
REPORT 2013–2014
31
PUBLICATIONS
The Erik Castrén Institute
annually publishes
reports and monographs.
In general, the completed
research projects are
published in the Erik
Castrén Research reports
series. In 2000, the
Institute launched an
international publication
series, Erik Castrén
Institute Monographs
on International Law
and Human Rights, in
cooperation with Brill
Academic Publishers
(formerly Kluwer Law
International).
Erik Castrén Institute Research Reports
28 The Scope and Application of the Principle of Universal
Jurisdiction by Magdalena Kmak (2010)
27 Computer Network Attacks and the Law of Armed Conflict by Pia
Palojärvi (2009)
26 Yritystoiminta ja ihmisoikeudet by Merja Pentikäinen (2009)
25 The Politics of Responsibility to Protect: Problems and Prospects
by Pekka Niemelä (2008)
24 Legal Implications of NATO Membership: Focus on Finland and
Five Allied States by Juha Rainne (2008)
23 Mainstreaming Human Rights in the Context of the European
Security and Defence Policy by Tiina Pajuste (2008)
22 Bringing Justice Closer: Hybrid Courts in Post-Conflict Societies
by Taru Kuosmanen (2007)
21 Fragmentation of International Law: Difficulties Arising from
the Diversification and Expansion of International Law. Report
of the Study Group of the International Law Commission finalised
by Martti Koskenniemi (2007)
20 People, Minority and Indigenous: Interpretation and Application
of Concepts in the Politics of Human Rights by Eyassu Gayim
(2006)
32
ERIK CASTRÉN INSTITUTE
19 Transnational Privatised Security and the International
Protection of Human Rights by Katja Creutz (2006)
18 International Post-Conflict Situations: New Challenges for
International Co-Operative Governance by Outi Korhonen, Jutta
Gras & Katja Creutz (2006)
17 Possibilities and Challenges of the Human Rights-Based
Approach to Development by Samuli Seppänen (2005)
16 Human Rights and Institutional Politics: The EU, UN and Other
International Institutions by Eyassu Gayim, Päivi Leino and Miko
Lempinen (2005)
15 Particularity as Universality: The Politics of Human Rights in the
European Union by Päivi Leino-Sandberg (2005)
14 Commercial Disputes and Their Resolution in the People’s
Republic of China by Samuli Seppänen (2005)
13 Good Governance in International Law by Samuli Seppänen (2003)
12 Rantavaltion toimivalta puuttua ydinjätteen kuljettamiseen
Itämerellä by Katja Keinänen (2002)
The Research Reports
are distributed by
11 EU:n pakotepolitiikka by Martin Björklund (2002)
Bookstore Tiedekirja
Kirkkokatu 14
FI-00170 Helsinki
Finland
+358 9 635 177
10 Realizing the Global Compact by Viljam Engström (2002)
9International Governance in Post-Conflict Situations by Outi
Korhonen and Jutta Gras (2001)
8 Monitoring the Convention on the Rights of the Child by Jutta
Gras (2001)
[email protected]
www.tsv.fi
7 Identity, Difference and Otherness: The Concepts of ‘People’,
‘Indigenous’, ‘People’, and ‘Minority’ in International Law by
Timo Makkonen (2000)
6 The Committee on Amnesty of the Truth and Reconciliation
Commission of South Africa by Tapio Puurunen (2000)
5 The European Union and Human Rights Monitoring by Jutta
Gras (2000)
4 European Union Citizenship in Focus: The Legal Position of the
Individual in EC Law by Jutta Pomoell (1999)
3 Voimankäytön oikeuttaminen ja sotilaallisten järjestelmien
muutokset Suomessa ja Euroopassa by Miia Aro and Jarna Petman
(1999)
2 The Right to Development by Anja Lindroos (1999)
1
The Applicability of the Human Rights Model to Address the
Status and Concerns of Women by Merja Pentikäinen (1999)
REPORT 2013–2014
33
Erik Castrén Institute Monographs on
International Law and Human Rights
The Erik Castrén
Institute Monographs
on International Law
and Human Rights are
published by
Brill
PO Box 9000
2300 PA Leiden
The Netherlands
+31 71 53 53 500
[email protected]
www.brill.nl
In Africa, Asia, Europe,
and Oceania the series
is distributed by
Brill
c/o Turpin Distribution
Stratton Business Park
Pegasus Drive
Biggleswade
Bedfordshire SG18
8TQ
United Kingdom
+44 1767 604 954
[email protected]
In the Americas the
series is distributed by
Brill
PO Box 605
Herndon VA 20172
USA
+1 800 337 9255
(toll free,
USA & Canada only)
+1 703 661 1585
[email protected]
14 Enemies Of Mankind – Vattel’s Theory of Collective Security by
Walter Rech (2013)
13 A Gateway Between a Distant God and a Cruel World The Contribution of Jewish German- Speaking Scholars to
International Law by Reut Yael Paz (2012)
12 International Law and Ethics After the Critical Challenge:
Framing the Legal within the Post-Foundational by Euan
MacDonald (2011)
11 Human Rights in Action: Learning Expert Knowledge by Miia
Halme-Tuomisaari (2010)
10 Indirect Responsibility for Terrorist Acts: Redefinition of the
Concept of Terrorism beyond Violent Acts by Marja Lehto (2009)
9 Beyond Systemic Discrimination: Educational Rights, Skills
Acquisition and the Case of Roma by Päivi Gynther (2007)
8 Peoples and International Law: How Nationalism and Selfdetermination Shape a Contemporary Law of Nations by James
Summers (2007)
7 Civil Disobedience by María José Falcón y Tella (2004)
6 Transformation in Russia and International Law by Tarja
Långström (2003)
5 Illegal Annexation and State Continuity: The Case of the
Incorporation of the Baltic States by the USSR by Lauri Mälksoo
(2003)
4 International Law and the Environment: Variations on a Theme
by Tuomas Kuokkanen (2002)
3 Recharacterizing Restructuring: Law, Distribution and Gender
in Market Reform by Kerry Rittich (2002)
2 Mixed Agreements as a Technique for Organizing the
International Relations of the European Community and its
Member States by Joni Heliskoski (2001)
1
34
International Law Situated: An Analysis of the Lawyer’s Stance
Towards Culture, History and Community by Outi Korhonen
(2000)
ERIK CASTRÉN INSTITUTE
WWW.HELSINKI.FI/ECI
Erik Castrén Institute of
International Law and Human Rights
Faculty of Law
PO Box 4 (Yliopistonkatu 3)
FI-00014 University of Helsinki
+358 (0)29 412 3140
[email protected]