Anti-Terrorism, Maritime Transportation Security, and International Law
Lt Cmdr Nicholas Monacelli (JD ’16)
US Coast Guard
Thursday, February 27, 2020
Room 145, Berkeley Law
Lunch will be provided on a first-come/first-served basis
C0-sponsored by the Miller Institute for Global Challenges and the Law and the Institute for Legal Research
The maritime transportation sector is responsible for 90% of global trade, valued at over $20 trillion. Security of ports, vessels, and cargo remains critical for sustaining maritime commerce. This lecture discusses the threat of terrorism, cyberattack, natural disaster, and piracy, and how inter¬national law has evolved to provide solutions. Learn how schemes including the International Ship and Port Facility Security Code and Container Security Initiative are important to maintaining the industry’s integrity. Finally, examine how militaries, regulators, and industry around the globe continue to develop new ways to counter emerging threats, especially in the face of recent cyberattacks.
2019 Harry and Jane Scheiber Lecture in Ocean Law and Policy:
“A Multi-Faceted Discipline and a Promising Field for Practitioners”
Judge Tullio Treves
Professor of International Law (Emeritus), University of Milan
Judge, International Tribunal for the Law of the Sea (1996-2011)
Monday, October 7, 2019
Warren Room (295 Simon Hall)
Lunch will be provided.
Please RSVP at law.berkeley.edu/scheiberlecture
Book Talk: “Improperly Obtained Evidence in Anglo-American and Continental Law”
Wednesday, April 10, 2019
4:00 – 6:00 pm
Room 140 (Moot Court Room), Berkeley Law
refreshments will be served
Sho Sato Program in Japanese and US Law
Center for the Study of Law and Society
This is the first book to offer an extensive cosmopolitan, cross-cultural insight into the perennial controversy over the use of improperly obtained evidence in criminal trials. It challenges the conventional view that exclusionary rules are idiosyncratic of Anglo-American law, and highlights the “constitutionalization” and “internationalization” of criminal evidence and procedure as a cause of rapprochement (or divergence) beyond the Anglo-American and Continental law divide.
Professor Dimitrios Giannoulopoulos holds the Inaugural Chair in Law at Goldsmiths, University of London. He is an Associate Academic Fellow of the Honourable Society of the Inner Temple, and a Senior Fellow of the Higher Education Academy.
The Fifth Waseda University and UC Berkeley Joint Symposium on Professional Legal Education on “Influence of American Legal Education in East Asia: Japan, China and South Korea”
Sho Sato Program in Japanese and US Law, Berkeley Law
Waseda University Institute of Clinical Legal Education
Speakers will include:
- Shigeo Miyagawa, Professor of Law, Waseda University Law School, Tokyo; Chair of Clinical Legal Education Committee of Japan Association of Law Schools (JALS)
- Charles D. Weisselberg, Shannon Cecil Turner Professor of Law, Director of the Sho Sato Program, Berkeley Law
- Xiangshun Ding, Professor of Law, Director of the Comparative Law Program, Renmin University School of Law, Beijing
- Catherine Fisk, Barbara Nachtrieb Armstrong Professor of Law, Berkeley Law
- Jaewan Moon, Professor of Law, Hankuk University of Foreign Studies School of Law in Seoul; President of the South Korea Association of Constitutional Law
- Atsushi Shiraki, Esq., Lecturer in Law, Waseda University Law School
The symposium program can be found here.
No registration is required.
For inquiries, contact email@example.com.
2019 Harry and Jane Scheiber Lecture in Ocean Law & Policy:
“The Man Behind the Curtain: Science in Law of the Sea Adjudication”
Wednesday, February 14, 2019
1:00 – 2:00 pm
Room 105, Berkeley Law
Organized by the Center for Law, Energy & the Environment (CLEE)
New Publication from ILR Director Harry Scheiber
A new book on Ocean Law Debates: The 50-Year Legacy and Emerging Issues for the Years Ahead, c0-edited by ILR Director Harry Scheiber, Nilufer Oral, and Moon-Sang Kwon, has just been published by Brill/Nijhoff. The book focuses on the UN Convention on the Law of the Sea (UNCLOS), which was signed in 1984. UNCLOS continues to be the subject of vital debates on new initiatives that seek to clarify or expand the scope of the ocean regime. Ocean Law Debates looks at the content of these debates to provide both historical perspectives and keen analyses of present-day issues.
Chapters focus on the controversies involving maritime delimitation issues; creation of marine fisheries law; responses to the manifold challenges posed by dramatic advances in science and technology; a critical discussion of today’s movement to create a regime to sustain biodiversity in the Area Beyond National Jurisdiction; the implementation and judicial interpretation of UNCLOS; international whaling regulation; Arctic regional issues; seabed mining problems; the geopolitics of Marine Protected Area declarations; and the role of the IMO in responding to climate change.
Inaugural Harry and Jane Scheiber Lecture in Ocean Law and Policy — April 9, 2018, 4 pm
“Legal Order or Disorder: What Lies Ahead for the Ocean?”
Director of the WMU-Sasakawa Global Ocean Institute
World Maritime University, Sweden
April 9, 2018 | 4:00 pm | 100 Law Building
reception to follow
RSVP to law.berkeley.edu/scheiberlecture
Ronán Long is the Inaugural Director of the World Maritime University’s Sasakawa Global Ocean Institute. Professor Long lectures on a broad range of ocean governance subjects including: the law of the sea, the law of climate change, as well as on multilateral diplomacy and dispute resolution.
This lecture series recognizes the influential scholarship of Harry N. Scheiber in ocean law history and policy and the Scheibers’ joint contributions to advancing the subject through the Law of the Sea Institute’s conferences and publications.
Scheiber Book Receives Outstanding Academic Title Award for Book on Martial Law in WWII
Congratulations to Harry Scheiber and Jane Scheiber. Their book on Bayonets in Paradise: Martial Law in Hawai’i during World War II was named one of the Outstanding Academic Titles for 2017 by Choice, the review publication of the American College & Research Libraries. The award is for excellence in presentation and scholarship, the significance of its contribution to the field, its originality and its value as an essential treatment of its subject. According to their website, “[t]he list is quite selective: It contains approximately ten percent of some 6,000 works reviewed in Choice each year.”
Review of Constitutional Governance and Judicial Power: The History of the California Supreme Court
The July 2017 issue of Los Angeles Lawyer has published a review of Constitutional Governance and Judicial Power: The History of the California Supreme Court, edited by Harry Scheiber. See the review here.
Celebration in Honor of the Publication of Harry Scheiber’s Constitutional Governance and Judicial Power: The History of the California Supreme Court, January 18, 2017
Kadish Library, 2240 Piedmont Avenue, Berkeley, 3:00-4:00 pm
For more information, email firstname.lastname@example.org
The Center for the Study of Law and Society and the Program on Jurisprudence and Social Policy will celebrate the publication of ILR Director Harry Scheiber’s new book on the California Supreme Court. JSP doctoral graduate Lucy Salyer, professor at the University of New Hampshire, and JSP vice chair emeritus Chuck McClain, contributors of chapters in the book, will join with Professor Scheiber in a discussion of the historical and legal problems they address in this work.
According to the California Supreme Court Historical Society’s website: “Constitutional Governance and Judicial Power tells the story of the Court, from its founding at the dawn of statehood to modern-day rulings on issues such as technology, privacy, and immigrant rights. In this comprehensive history, we see the Court’s pioneering rulings on the status of women, constitutional guarantees regarding law enforcement, the environment, civil rights and desegregation, affirmative action, and tort liability law reform. Here too are the swings in the Court’s center of gravity, from periods of staunch conservatism to others of vigorous reform. And here is the detailed history of an extraordinary political controversy centered on the death penalty and Chief Justice Rose Bird. California has led the way in many varied aspects of American life, including the law. Constitutional Governance and Judicial Power gathers the many strands of legal history that make up the amazing story of the California Supreme Court.
Book review of Regions, Institutions, and Law of the Sea: Studies in Ocean Governance
A review of Regions, Institutions, and Law of the Sea: Studies in Ocean Governance, edited by Harry N. Scheiber and Jin-Hyun Paik (Martinus Nijhoff Publishers, 2013), has been published in the Ocean Yearbook, Volume 29 (Chircop, Coffen-Smout, and McConnell, eds., Brill /Nijhoff Publishers, 2015).
The reviewer, Dr. Joanna Vince, School of Social Sciences, University of Tasmania, Australia, writes: “This edited volume is a historically significant contribution to the understanding of international law, regime formulation, state and non-state actor behavior, and the complexities of ocean governance on global and regional levels….This book is unique and inspiring, and it will be utilized for many generations.”
HARRY SCHEIBER STEPPING DOWN AS DIRECTOR OF THE LAW OF THE SEA INSTITUTE
As of July 2016, after 14 years at the helm, Professor Harry N. Scheiber has decided to step away from his director’s role with the Law of the Sea Institute. While Harry’s leadership at the Institute will be sorely and immediately missed, Berkeley Law is committed to continuing the legacy that he and Professor David D. Caron (formerly of Berkeley Law, now of the Dickson Poon School of Law at King’s College) created for the Institute here. The Institute’s success and contributions to the field of ocean law while at UC Berkeley have reflected Harry and David’s leadership both in the field and in the classroom. Harry is an internationally recognized expert in ocean resources policy, and has been called to serve as a consultant, advisor, and chair on numerous ocean law and policy commissions, councils, and boards. David has likewise been at the forefront of the development of international law and law of the sea, from his days in the US Coast Guard to his Deanship of the Dickson Poon School of Law. Together, they built upon UC Berkeley’s tradition of studies in ocean law and expanded to new frontiers.
It is difficult to capture all that Harry has contributed to ocean studies at Berkeley Law and to LOSI, as an inspiring and creative thought leader, a generous mentor to law and doctoral students interested in ocean governance, and a facilitator and convener. We are deeply grateful for his tireless efforts. Though he leaves impossible shoes to fill, Professor Holly Doremus and Jordan Diamond are excited to honor and continue LOSI’s legacy of fostering discussion, participation, and robust analysis.
This past year marked the 50th anniversary of the Institute and the international scholarship and discussion it has sparked. We greatly look forward to the next 50.
Celebration in Honor of the Publication of Harry and Jane Scheiber’s “Bayonets in Paradise: Martial Law in Hawai’i During World War II,” March 3, 2016
Kadish Library, 2240 Piedmont Avenue, Berkeley, 3:00-4:00 pm
For more information, email email@example.com
The Center for the Study of Law and Society will host a celebration of the new book by ILR Director Harry Scheiber and Jane Scheiber on “Bayonets in Paradise: Martial Law in Hawai’i During World War II.” According to the Press website, the book “recounts the extraordinary story of how the army imposed rigid and absolute control on the total population of Hawaii during World War II. Declared immediately after the Pearl Harbor attack, martial law was all-inclusive, bringing under army rule every aspect of the Territory of Hawaiʻi’s laws and governmental institutions. Even the judiciary was placed under direct subservience to the military authorities. The result was a protracted crisis in civil liberties, as the army subjected more than 400,000 civilians – citizens and alien residents alike – to sweeping, intrusive social and economic regulations and to enforcement of army orders in provost courts with no semblance of due process. In addition, the army enforced special regulations against Hawaii’s large population of Japanese ancestry; thousands of Japanese Americans were investigated, hundreds were arrested, and some 2,000 were incarcerated….Based largely on archival sources, this comprehensive, authoritative study places the long-neglected and largely unknown history of martial law in Hawaiʻi in the larger context of America’s ongoing struggle between the defense of constitutional liberties and the exercise of emergency powers.”
John A. Knauss (1925-2015)
The Law of the Sea Institute has received, with sadness, information of the death of John A. Knauss, who was one of the LOSI’s founders at the University of Rhode Island in 1965. He passed away on November 19, after a period of ill health, at his home in Rhode Island. The founding dean and professor of oceanography at the University of Rhode Island, he had done pioneering research in his graduate studies at the Scripps Institution of Oceanography, where he later held a professorial chair. Knauss was a major force in the movement to establish the National Sea Grant Program, and then during 1989-1992 he served in the national government as Under Secretary for Oceans and Atmosphere in the Department of Commerce and Administrator of the National Oceanic and Atmospheric Administration (NOAA).
A personal note from Prof. Harry Scheiber, LOSI Director: “John Knauss was one of the giants of the ocean law and policy community: He was a scholar of great accomplishment, a genius at organizing and advocacy, and a friend and colleague renowned for his gracious and generous sharing of his time and ideas. In the programs that we have been privileged to organize here at Berkeley, since the reorganization of LOSI in 2002 as a unit of the UC Berkeley School of Law, we have sought to maintain the deep commitment to advancing the rule of law in ocean affairs that was a signature theme of John Knauss’s long career and that has been the guiding spirit of LOSI throughout the fifty years of its history. His wisdom and inspiration will be missed.”
Harry Scheiber Receives Berkeley Faculty Service Award
Professor Harry Scheiber has received the Academic Senate’s Berkeley Faculty Service Award for 2015. Each year, the award honors two recipients who have significantly enhanced the campus as an educational institution and scholarly community.
From the Academic Senate’s website: “Professor Scheiber’s 35-year career at Berkeley demonstrates an extraordinary record of distinguished service to our campus. During that time he has been acclaimed for his many leadership roles at the Boalt School of Law, his contributions as member and chair of numerous Academic Senate and systemwide committees, and as an influential and devoted contributor to the academic legal profession at large. In all these ways Professor Scheiber admirably fulfills the criteria of this award by significantly enhancing the quality of the campus as an educational institution and community of scholars.”
Lecture on “Liability and Compensation over the Fukushima Nuclear Disaster,” October 30, 2015
Professor of Law, Toyo University
145 Law Building, 1:00-2:00 pm
sponsored by the Sho Sato Program in Japanese and US Law
coffee and tea will be served
The Fukushima Nuclear Disaster resulted in widespread and long-term damage. Expecting a huge number of compensation claims, TEPCO set up its own compensation claims process and the Government offered compensation guidelines and ADR system. However, a fair number of victims have chosen litigation. Unlike the other two routes, they can argue TEPCO’s negligence under fault liability provision of the Civil Code in addition to non-fault liability provision of the Nuclear Damage Compensation Act, and the liability of the Government under the State Compensation Law. Professor Eri Osaka will discuss these compensation actions and the challenges of litigation.
Eri Osaka is a Professor of Law at Toyo University, Tokyo, Japan, where she teaches Environmental Law, Torts, and Contracts. She joined the University of Pennsylvania Law School SJD program in 2015. Her research interests lie in the legal response to mass toxic torts including environmental pollution and asbestos disaster. Since the Fukushima Nuclear Accident, she has been studying the legal issues on the victim compensation and recovery.
For more information, see the Sho Sato Program Lectures page.
A Conference to Honor the Work of Malcolm M. Feeley, October 22-23, 2015
Warren Room (295 Law Building), 9:10 am-5:30 pm
Co-sponsored by Office of the Dean, Berkeley Law; Division of Social Sciences; Jurisprudence & Social Policy Program; Berkeley Institute for Jewish Law and Israel Studies; Sho Sato Program in Japanese and US Law; and Institute for Legal Research
The scholarship of Malcolm Feeley, Claire Sanders Clements Dean’s Professor of Law, will be honored in a two-day program: “The Legal Process and the Promise of Justice: A Conference to Honor the Work of Malcolm M. Feeley” (October 22-23) and a “Conversation in Law and Society with Malcolm Feeley” (October 23, 2 pm).
The outstanding program includes many of his colleagues, students, and co-authors from Berkeley and around the world. Many are returning graduates of the JSP program.
For more information, see the CSLS website.
The Law of the Sea Institute (LOSI) celebrated the 50th anniversary of its founding with a two-day conference held on October 9-10 at the Claremont Hotel in Berkeley. LOSI was founded in 1965 at the University of Rhode Island and since that time it has been housed at the University of Hawai’i and the University of Miami before coming to Berkeley Law in 2002. This conference brought together academics from the United States, Europe, Asia, and Australia.
For more information, see the conference website.
New Publication from the Law of the Sea Institute
The Law of the Sea Institute (LOSI) is pleased to announce the publication by Brill of their new book on Science, Technology, and New Challenges to Ocean Law, edited by LOSI Director Harry Scheiber, James Kraska, and Moon-Sang Kwon. According to the Brill website, the book “offers fresh perspectives on a set of vital issues in the field of ocean law and policy…[S]everal leading authorities in the field address major dimensions of the interface of science, technology and ocean law – both historically and in current-day perspective – and emergent challenges in legal ordering of ocean uses for sustainability and equitability.”
Topics include ecosystem approaches to resource management; the historic interplay of science and military concerns; the place of science in dispute-settlement processes; the varied human uses of the seabed; the roles in ocean governance of indigenous peoples; legal issues in fisheries management and conservation; and special regional problems of the Arctic, the Bering Strait, the South China Sea, and the eastern Mediterranean.
Sho Sato Program Hosts Japanese Environmental Law Delegation
The Sho Sato Program in Japanese and US Law hosted a meeting with the Japanese Federation of Bar Association’s (JFBA) Committee on Pollution Control and Preservation of the Environment on June 18, 2015. Berkeley Law was the last stop of a week-long visit to California by the Committee to meet with environmental groups such as Wildlife Inc. and the Sierra Club to study biodiversity compensatory mitigation in the United States.
The Committee members met with Professor Chuck Weisselberg, Director of the Sho Sato Program; Professor Holly Doremus, Associate Director of the Law of the Sea Institute; Jordan Diamond, Executive Director of the Center for Law, Energy & the Environment; and environmental law lawyers Patricia Weisselberg and Marc Ebbin.
The Berkeley meeting was co-organized by Professor Weisselberg and Hideki Wakai, a Japanese attorney who has been studying issues of biodiversity conservation during a yearlong appointment at Berkeley Law through an exchange program sponsored by the Sho Sato Program and the JFBA.
Sho Sato Program Hosts Delegation from the Japanese Federation of Bar Associations
The Sho Sato Program in Japanese and US Law hosted a meeting in Berkeley on January 29, 2015 of a delegation of lawyers representing the Japanese Federation of Bar Associations (JFBA) and Bay Area public interest lawyers who specialize in labor and employment law. The meeting was organized by Yumi Itakura, a Japanese attorney who is studying issues of gender equality in employment and labor law for one year at Berkeley Law through a joint program between the Sho Sato Program and the JFBA.
One of the goals of the JFBA is to promote critical law reform in Japan, and their delegation visited the Bay Area to investigate the current situation of wage and hour law in California and the United States, especially minimum wage and white-collar exemptions. They met with Bob King, former president of the United Auto Workers; Todd Jackson and David Rosenfeld, attorneys and Berkeley Law lecturers; and Professor Chuck Weisselberg, Director of Sho Sato Program in Japanese and US Law.
Law of the Sea Institute Conference Held in Madrid, Spain
The Law of the Sea Institute held its latest conference in Madrid, Spain on September 19-20, 2014 on the theme of “Ocean Law and Policy: Twenty Years of Development Under the UN Convention on the Law of the Sea (UNCLOS) Regime.” The conference focused on the two decades of practice since UNCLOS – which defines the rights and responsibilities of nations with respect to their use of the world’s oceans – entered into force in 1994. Speakers explored the accomplishments and shortfalls witnessed in the developments in ocean governance under the UNCLOS regime.
The conference attracted academic researchers, jurists, and policy officials from fourteen different countries, including Judges Jin Hyun Paik and Tullio Treves of the International Tribunal of the Law of the Sea.
This was the fifth LOSI conference co-sponsored with the Korea Institute of Ocean Science and Technology (KIOST).
US Supreme Court Justice Anthony Kennedy Speaks at Berkeley
Berkeley Law hosted the Honorable Justice Anthony Kennedy of the US Supreme Court as a Distinguished Jurist-in-Residence at Berkeley Law. As part of his visit, Justice Kennedy delivered the inaugural lecture of the Dean’s Distinguished Speaker Series, entitled “Some Thoughts on the Role of the Supreme Court,” at the First Congregational Church in Berkeley on September 9, 2014. The lecture was co-sponsored by the Institute for Legal Research and the Kadish Center for Morality, Law and Public Affairs.
The justice encouraged a new generation of leaders to “embrace our heritage of freedom,” insisting that “you cannot defend or protect what you do not know…. As a people, we have a mission to show that freedom is essential to the definition of humanity.” In closing, he challenged aspiring lawyers to abide by the covenant of their profession: “Law is a promise; it is a hope and an expectation, and it is part of your law school training to help us fulfill that.”
To read more about Justice Kennedy’s visit, click here.
Co-Founder of Sho Sato Program Sanford Kadish Passes Away
Former Berkeley Law Dean and Professor Emeritus Sanford Kadish, one of the world’s foremost criminal law scholars, died on September 5, 2014 in Berkeley at the age of 92. Professor Kadish was the co-founder of the Sho Sato Program in Japanese and US Law, which is dedicated to research and education on the topic of Japanese law and Japanese-US legal relationships, as well as the historical and contemporary comparative study of the Japanese and American legal systems.
New Publication from the Law of the Sea Institute
The Law of the Sea Institute is pleased to announce the publication of a new book on The Limits of Maritime Jurisdiction from Brill Publications. The book, edited by Clive Schofield, University of Wollongong, Seokwoo Lee, Inha University, and Moon-Sang Kwon, Korea Institute of Ocean Science and Technology, “comprises 36 chapters by leading oceans scholars and practitioners devoted to both the definition of maritime limits and boundaries spatially and the limits of jurisdictional rights within claimed maritime zones. Contributions address conflicting maritime claims and boundary disputes, access to valuable marine resources, protecting the marine environment, maritime security and combating piracy, concerns over expanding activities and jurisdiction in Polar waters and the impact of climate change on the oceans, including the potential impact of sea level rise on the scope of claims to maritime zones. The volume therefore offers critical analysis on a range of important and frequently increasingly pressing contemporary law of the sea issues.”
The book also includes a tribute to the scholarship of Jon Van Dyke (1943-2011) written by LOSI Director Harry Scheiber. Professor Van Dyke was a Distinguished Senior Visiting Scholar at the Law of the Sea Institute.
Sho Sato Clinical Conference Featured in Transcript
Berkeley Law’s Transcript magazine highlighted the recent Sho Sato Conference in their Spring 2014 issue. The December 2013 conference on “Legal Education Within and Without the Academy: Meeting New Challenges in Japan and the United States” was the latest event in a longtime collaboration between the Sho Sato Program in Japanese and US Law and the Institute of Clinical Legal Education at Waseda University.
Read the article here.
New Publication from the Law of the Sea Institute
The Law of the Sea Institute is pleased to announce the publication of a new book from Brill Publishers: Navigating Straits: Challenges for International Law, edited by David D. Caron, Dickson Poon School of Law, King’s College London, and Nilufer Oral, Istanbul Bilgi University. The book is based on proceedings from the LOSI conference, “Safety, Security, and Environmental Protection in Straits Used in International Navigation,” which was held in Istanbul, Turkey on September 9-11, 2011.
From the Brill website: “The importance of straits, particularly those used in international navigation, has been long recognized in international law. One of the important debates during the Third UN Law of the Sea Conference concerned the regime of passage through straits used in international navigation. The result was the creation of a multi-tiered legal framework of passage that included the entirely a new ‘transit passage’ regime. Although over thirty years have passed since the adoption of the 1982 UN Convention of the Law of the Sea, the vital role played by straits in the global communications network continues to be surrounded by conflicts between the interests of coastal states and shipping. Challenges still exist to achieving the simultaneous global goals of secure passage of vessels and protection of the marine environment.
In Navigating Straits: Challenges for International Law, internationally recognized international law scholars provide in-depth analysis of the legal challenges in straits concerning security, piracy, safety and environmental protection.”