Prints Archive

David D. Caron’s scholarship on the legitimacy of international law and international institutions was ground-breaking, expansive in its reach and its impact, and elegant in its analysis, form, and structure. The questions of legitimacy that he addressed in his writing represent some of the most urgent and important matters of ...

In his lectures and scholarly writings, David Caron was fond of conjuring images. Last September, he opened a lecture in Geneva by recalling an inscription over an entrance to this law school. In his American Journal of International Law article on the 1899 Hague Peace Conference, he described a rather ...

“ISDS,” as many of you may know, stands for “Investor-State Dispute Settlement,” and refers to the current system of ad hoc arbitration that foreign investors and host States use to resolve their investment disputes. Because the system is ad hoc—in other words, the disputing parties pick the arbitrators and the ...

When it came to almost any emerging issue in international law, Professor Caron was at the forefront and, in many cases, had already written about it. We saw this with issues ranging from the minimum standard of treatment in Glamis Gold v. United States of America, in which he served ...

The theme of Berkeley Law’s September 2018 Symposium honoring the memory of Professor David Caron was “The Elegance of International Law.” This intriguing theme was taken from David’s opening address, entitled “Confronting Complexity, Valuing Elegance,” at the Annual Meeting of the American Society of International Law in April 2012. His ...

The view that participation by the respondent state enhances the perceived legitimacy of international judicial or arbitral proceedings may play a significant role in a decision not to participate. Such a decision may be prompted by political rather than legal considerations. The object of nonparticipation may be to facilitate exercise ...

This essay offers an installment of what would have been a continuing conversation with David D. Caron, a close colleague in the field of international law, on themes that engaged both of us across multiple phases of our intersecting careers. The issues are fundamental ones for both the theory and ...

In his 2017 Charles N. Brower Lecture on International Dispute Resolution at the Annual Meeting of the American Society of International Law, David Caron considered the role of international adjudicators in dealing with the various social functions that are implicated by courts. Drawing on ideas associated with Martin Shapiro, he ...

Consistent with his approach to scholarship across the range of his concerns, Caron addressed two things (at least) at once. In the most immediate sense, he was concerned with the emergent role of “a functioning UN Security Council”— which was then (1991–93) seen as an institution bridging the end of ...

When Professor Harry Scheiber asked me to address the subject of “institutional arrangements for the ocean,” it struck me that this matter keeps coming back. This does not mean that it is irrelevant or meaningless to continue to address it. Quite the contrary.

Straits are by definition narrow waterways linking seas and the ocean which often provide significant time-saving and cost-cutting navigational routes to commercial shipping. In turn, this navigationally advantageous position can give coastal States the power to exert control over passage of international shipping by imposing regulatory conditions or even by ...

In international law as in other fields, elegance is the result of careful design, appropriateness for context, and functional performance. David Caron’s interest in thinking systematically about environmental treaty design led him to ponder the policy tools and institutions that can be created by States when they negotiate treaties.2 This ...

To be effective in shaping state conduct, the liberalism and idealism that informs public international law must contend with geopolitical realities and the role of power in the international system. David D. Caron was unafraid to address this dichotomy.1 His work bridged epistemic communities and offered concrete approaches to some ...

With the sudden death of Professor David Caron in February 2018, the field of ocean law and policy studies lost one of its most gifted and celebrated leaders. His many contributions to scholarship on oceans issues were only one segment of a large corpus of writings in which he contributed ...

Altered weather patterns, exacerbated drought and flood cycles, increased incidence of wildfires, melting glaciers—we frequently hear about how human-induced climate change is affecting everyday life and the world around us. But the attention frequently focuses on terrestrial impacts, stopping at the coastline with observance of rising sea levels.

Oceans have played a critical role in shielding Earth from some of the more serious impacts of climate change by absorbing approximately 30 percent of emitted anthropogenic carbon dioxide. However, this has resulted in an approximate 26 percent increase in acidity of oceans since the industrial period. This not only ...

The oceans and their biodiversity are coming under increasing threat from climate-change impacts including increasing water temperatures, deoxygenation, and ocean acidification. The adverse effects of climate change are exacerbating the stresses experienced by species, habitats, and ecosystems in all marine areas and diminishing the ecological services they provide.

Climate change and associated ocean acidification present varied and complex threats to Antarctic fisheries, making conservation and sustainable management of these fisheries more challenging than ever. The ecosystem approach is generally considered to be the most effective way of enhancing the climate resilience of fisheries, and the Commission on the ...

Arctic warming poses considerable legal challenges to the region. The fast disappearance of polar ice will increase economic activity, destabilize the environment, and create a host of security issues. Previous discussions have tended to focus on one of these facets in isolation. This Article aims instead to provide the reader ...

Within the current state of international jurisprudence, there is a growing recognition of the importance of ocean environmental protection. One of the most significant recent examples is the decision in the South China Sea Arbitration, which recognized the obligation of States to protect and preserve the marine environment in disputed ...