Miriam Cohen, Faculty of Law

Transcription

1 I. ACADEMIC APPOINTMENTS Assistant Professor, Faculty of Law, Université de Montréal, Canada, July -Present Associate Professor, Faculty of Law, Lakehead University, Canada, January 2018-July 2018 Assistant Professor, Faculty of Law, Lakehead University, Canada, July December 2017 Merit Award: service Courses designed and taught: Research interests: 2018 Lakehead University, for excellence in teaching, research and Public international law [2016-present]; International criminal law [2015-present]; Criminal law and Criminal procedure [2015-present] Constitutional law I and II [2015-present]; Evaluations consistently above University average Public International law; International dispute settlement; International criminal law; International human rights Research grants: SSHRC Insight Development Grant (50.657$) [2018]; Canadian Bar Law for the Future Fund (23.500$) [2017]; Foundation for Legal Research (4.800$) [2017]; SSHRC Aid to Small Universities (15.000$) [ ]; SSHRC Research Development Fund (6.900$) [ ]; SSHRC Enhancement Program (1.500$) [2017]; Bora Laskin Research Grant (8.000$) [ ] Institutional contributions: Member knowledgeable in law, Research Ethics Board [2017-present]; Member, CRC Equity Working Group [2017] Co-editor in Chief, Lakehead Law Journal [2017-present]; Co-Chair, Human Rights Committee [2016-present]; Chair, Diversity and Inclusiveness Committee [2016-present]; Co-Chair, Admissions Committee [ ], Member [ ]; Member, Regional Research Fund [2016-present]; Member, Senate Academic Appeals Committee [2016-present]; Member, Appointments Committee [2017]; Member, Faculty Council Governance Committee [ ]; Co-Chair, Speakers & Conferences Committee [ ] II. EDUCATION LEIDEN UNIVERSITY - Doctorate in Law (Ph.D.), (on leave in 2014) Honours: Grotius Centre for International Legal Studies scholarship; thesis approved unanimously with no revisions Thesis: Reparations for International Crimes and the Development of a Civil Dimension of International Criminal Justice, supervised by Vice-Dean Larissa van den Herik and Professor Carsten Stahn Mise à jour : Septembre

2 HARVARD LAW SCHOOL - Master of Laws (LL.M.), June 2009 (international human rights law) Honours: Frank Knox Memorial Fellow (full scholarship); Canadian Council on International Law John Peters Humphrey scholarship; Harvard Law School publication award and Harvard Law School academic fellowship Thesis: The Analogy between Piracy and Human Trafficking: a Theoretical Framework for the Application of Universal Jurisdiction, supervised by Dean Martha Minow UNIVERSITY OF CAMBRIDGE, Downing College, Master of Laws (LL.M.), June 2008 (public international law) Honours: The Right Honourable Paul Martin Sr. Scholar (full scholarship); Cambridge Commonwealth Trust Scholar Thesis: Victims Participatory Rights within the International Criminal Court: a Critical Overview, supervised by Professor Roger O Keefe UNIVERSITÉ DE MONTRÉAL Bachelor of Laws (LL.B.), December 2006 Honours: graduated at the top 1% of class (over 360 students); Dean s honour list ; Bloomfield excellence scholarship and Jean-Martineau award for advocacy skills Master of Laws (LL.M.) Honours: Dean s honour list; Social Sciences and Humanities Research Council of Canada (SSHRC) scholarship; Alan B. Gold award; Aubrey-Vincent-Senez scholarship for academic excellence III. RESEARCH AND PUBLICATIONS Summary of research to date: 1 Book (forthcoming ); 23 Articles, Commentaries and Chapters (21 Refereed) Book Articles 1 Book forthcoming with Cambridge University Press (expected in 2019) 14 Refereed Articles and Commentaries (1 forthcoming) 7 Chapters in Refereed Collections (1 forthcoming) 2 Articles in American Law Reviews (student edited) 3 Inter-disciplinary Funded Research Projects 1. Miriam Cohen, International Crimes and the Development of Reparative Justice: From Theory to Practice [sole author, 313 p., forthcoming with Cambridge University Press, expected publication end of 2018] 1. Miriam Cohen & Mariette Brennan, Citizenship by Descent: How Canada s One-Generation Rule Fails to Comply with International Legal Norms, 2018 International Journal of Human Rights, Special Issue on Peremptory International Legal Norms and the Democratic Rule of Law [peerreviewed] 2. Miriam Cohen & Mareike Klein, Litigating to Negotiate Access to the Pacific Ocean: the Bolivia v. Chile Case, 2017 Journal of Territorial and Maritime Studies Vol. 4(2), pp [peerreviewed] article awarded an honorarium Mise à jour : Septembre

3 3. Miriam Cohen, International Human Rights Norms and Maternal Tort Immunity in Canada: Connecting the Dots, 2017 International Journal of Human Rights, pp [peer-reviewed] 4. Miriam Cohen, The Re-Invention of Investment Immigration in Canada and Constructions of Canadian Citizenship, 2017 Investment Migration Papers [peer-reviewed] 5. Miriam Cohen & Jasper Hortensius, A Human Rights Approach to End of Life? Recent Developments at the European Court of Human Rights, Journal of the Brazilian Institute of Human Rights (forthcoming 2018) [peer-reviewed] 6. Miriam Cohen, Victim Redress from Nuremberg and Tokyo to the ICTY and ICTR, 2015 Journal of the Brazilian Institute of Human Rights, pp [peer-reviewed] 7. Miriam Cohen, Paving a New Road for Reparation for Victims of International Crimes: The ICC Trust Fund for Victims, 2014 Journal of the Brazilian Institute of Human Rights, pp [peer-reviewed] 8. Miriam Cohen, Reparations at the International Criminal Court: Lessons from the Inter-American Court of Human Rights, 2013 Journal of the Brazilian Institute of Human Rights, pp [peer-reviewed] 9. Miriam Cohen, Between Offenders and Victims: the Civil Dimension of Universal Jurisdiction, 2012 Journal of the Brazilian Institute of Human Rights, pp [peer-reviewed] 10. Miriam Cohen, L affaire Dell: qu en est-il de l erreur sur le prix?, 2007 Lex Electronica, Vol. 12 (2), pp [peer-reviewed] 11. Miriam Cohen, The Analogy between Piracy and Human Trafficking: a Theoretical Framework for the Application of Universal Jurisdiction, 2010 Buffalo Human Rights Law Review, Vol. 16, pp Miriam Cohen, Victims Participatory Rights within the International Criminal Court: a Critical Overview, 2009 Denver Journal of International Law and Policy, Vol. 37 (3), pp Commentaries in peer-reviewed Oxford University Press publication 1. Miriam Cohen, Resolution concerning the Internal Judicial Practice of the International Court of Justice, 2017 Oxford International Organizations (OXIO), Oxford University Press [peerreviewed] 2. Miriam Cohen, Agreement on the Privileges and Immunities of the International Criminal Court, 2017 Oxford International Organizations (OXIO), Oxford University Press [peer-reviewed] 3. Miriam Cohen, ICC Elements of Crimes, 2017 Oxford International Organizations (OXIO), Oxford University Press [peer-reviewed] 4. Miriam Cohen, Judgment on the Appeals against the Decision Establishing the Principles and Procedures to be Applied to Reparations, 2017 Oxford International Organizations (OXIO), Oxford University Press [peer-reviewed] Mise à jour : Septembre

4 Chapters in refereed collections 1. Miriam Cohen, Human Rights Law: The Nuremberg and Tokyo Legacy, in Handbook of Human Rights Institutions, Tribunals and Courts: Legacy and Promise, Gerd Oberleitner (ed.), 2018, Springer [refereed] 2. Miriam Cohen, Reparations at the International Criminal Court: Between Justice for Victims and Politics, in The Politics of International Criminal Law, Brill [refereed, forthcoming 2018] 3. Miriam Cohen & Jason MacLean, Transboundary Environmental Impact Assessment and International Environmental Law: Still More Myth than Reality?, in Human Rights and the Environment, Antônio A. Cançado Trindade and C. Barros Leal (eds.), Brazilian Institute of Human Rights, Fortaleza, Brazil, 2017, pp [refereed] 4. Miriam Cohen, The Construction of a Legal Duty to Repair: From States to Individual Perpetrators, in The Principle of Humanity, Antônio A. Cançado Trindade and C. Barros Leal (eds.), Brazilian Institute of Human Rights, Fortaleza, Brazil, 2016, pp [refereed] 5. Miriam Cohen, The Role of Latin America in the Permanent Court of International Justice, in Latin America and the International Court of Justice, Jean-Marc Sorel & Paula Almeida (eds.), Routledge, 2016, pp [refereed, by invitation] 6. Miriam Cohen, International Criminal Justice, Reparations for Victims and Human Dignity: the Role of Domestic Mechanisms, in The Respect for Human Dignity, Antônio A. Cançado Trindade and C. Barros Leal (eds.), Brazilian Institute of Human Rights, Fortaleza, Brazil, 2015, pp [refereed] 7. Miriam Cohen, Justice Theories and Reparations for Victims of International Crimes, in Equality and Non-Discrimination, Antônio A. Cançado Trindade and C. Barros Leal (eds.), Brazilian Institute of Human Rights, Fortaleza, Brazil, 2014, pp [refereed] Trade Publications and Policy Report 1. Staying True to the Ban on Cluster Munitions: Understanding the Prohibition on Assistance in the Convention on Cluster Munitions, Report, Human Rights Watch, June 2009 [with Bonnie Docherty (principal author), Rebecca Agule, Talia Falk, and Anne Siders] 2. Proposed Amendments to Adverse Drug Reaction Reporting in Canada, 2009 Update: Food and Drug Law, Regulation and Education [with Brian Daley and Julie Dallaire] 3. Legal Citation Guide, Quebec Journal of International Law, April 2007 [Co-editor] Funded Research Projects and Works in Progress 1. Reparations for Violations of International Law: An Analysis of the Use of Trust Funds, Funded by a SSHRC Insight Development Grant to conduct research and interview on the use of trust funds to provide reparations for violations of international law Mise à jour : Septembre

5 2. A Comparative Analysis of Human Rights, Funded by the Canadian Bar Law for the Future Fund to create a database of human rights decisions in Canada: [featured in: Chronicle Journal; Law Times] 3. Strengthening Human Rights Responses through Inter-Disciplinary Collaborative Research, Funded by a SSHRC Aid to Small Universities grant to develop a human rights research network, publish a book on the legal framework addressing human trafficking in Canada 4. Defining Reparations for Victims of International Crimes, May 2017-December 2017 Funded by a Research Development Fund grant for field research in June 2017 on the use of trust funds regarding reparations for international crimes, and literature review to support a SSHRC grant application 5. Investment Migration and Constructions of Citizenship, summer 2017 Funded by a Foundation for Legal Research grant to hire a law student to assist in the research for an article on migration in Canada article accepted after peer-review 6. Work in progress: Beyond State Responsibility: the Liability of Individuals for Internationally Wrongful Acts - paper selected for the 2018 Four Societies of International Law Conference in Tokyo 7. Work in progress: Remedies in Human Rights Law: a Comparative Analysis [empirical analysis of remedies awarded in human rights cases across Canada in the past decade], in progress, expected in 2018 Research Affiliations 1. Rapporteur, Oxford University Press International Organizations Research Project, 2015-present Expert scholar contributing peer-reviewed commentaries on the law of international organizations 2. Scholar, F.A. Hayek Program for Advanced Study in Philosophy, Politics and Economics, 2017 Inter-disciplinary research network on the theme The Struggle for Civil Liberties Invited to write a commissioned paper for publication IV. CONFERENCES AND CONFERENCE PAPERS Conference Papers (8 papers) 1. Miriam Cohen, Beyond State Responsibility: the Liability of Individuals for Internationally Wrongful Acts Seventh International Four Societies of International Law Conference, Waseda University, Tokyo, June Miriam Cohen, The Struggle for Civil Liberties in the Field of Security: An Overview of the Literature, Research Symposium on The Struggle for Civil Liberties, F.A. Hayek Program for Advanced Study in Philosophy, Politics, and Economics, August Miriam Cohen, Reparations in Transitional Justice, Rethinking Transitional Justice: What Does It Mean Today?, Oxford Transitional Justice Research 10 th Anniversary Workshop, University of Oxford, June 2017 Mise à jour : Septembre

6 4. Miriam Cohen, The Charter and the Future of Citizenship, The Confederation: Past, Present and Future, Université de Montréal, May Miriam Cohen & Mariette Brennan, Revocation of Citizenship and Statelessness, Constitution 150: The Charter and Emerging Issues in Constitutional Rights and Freedoms: From 1982 to 2032, University of Ottawa, March Miriam Cohen, Reparations at the International Criminal Court: Justice for Victims or Political Rhetoric?, Fourth Annual International Criminal Law Workshop, University of Western Australia, September Miriam Cohen, The Re-Invention of the Canadian Model of Investment Immigration, Investment Migration: Making Sense of the Trend, Graduate Institute of International and Development Studies, Geneva, June Miriam Cohen, The Refugee Crisis and Human Rights Law, Expert Round-Table on the Refugee Crisis, Lakehead University, March 2016 Conferences and Workshops 1. Mercatus Center, George Mason University, Discussant, Book Panel Tyranny Comes Home, August Annual Four Societies of International Law Conference, Presenter, Waseda University, Tokyo, June Columbia University, Association for the Study of Nationalities Annual Conference, Presenter, May ProCuria, The Hague University of Applied Sciences, Invited Lecturer, Judicial Training for Legal Officers of the Constitutional Court of Indonesia, five guest lectures on legal communication, October F. A. Hayek Program for Advanced Study in Philosophy, Politics, and Economics, Presenter, Research Symposium on The Struggle for Civil Liberties, August University of Oxford, Presenter, Oxford Transitional Justice Research 10 th Anniversary Workshop, June Université de Montréal, Presenter, The Confederation: Past, Present and Future, May University of Ottawa, Co-Presenter [with Dr. Mariette Brennan], Constitution 150: The Charter and Emerging Issues in Constitutional Rights and Freedoms: From 1982 to 2032, March George Mason University, Participant, Rule of Law Workshop for Law Professors, January University of Western Australia, Presenter, Fourth Annual International Criminal Law Workshop, September 2016 Mise à jour : Septembre

7 11. University of Western Australia, Discussant, Annual International Criminal Law Workshop, September George Mason University, Participant, Economics Institute for Law Professors, July Graduate Institute of International and Development Studies and Investment Migration Council, Presenter, Investment Migration: Making Sense of the Trend, June Lakehead University, Presenter, Expert Round-Table on the Refugee Crisis, March The Hague Conference on Private International Law, Presenter, Expert Round-Table on the Delegitimization of War, October International Court of Justice, Presenter, numerous lectures on the Peaceful Settlement of International Disputes and the International Court of Justice (in French and in English), January Law School of Fundação Getúlio Vargas, International Tribunals in The Hague, Brazil, August International Criminal Court, Presenter, The Work of the International Criminal Court, April- December 2010 V. RESEARCH GRANTS Granting Body Research Title Role Amount Date Defining Reparations for Violations 1. SSHRC Insight Principal $ June 2018 of International law: The Use of Development Grant Trust Funds 2. Canadian Bar Law for the Future Fund 3. SSHRC Aid to Small Universities (LU) 4. SSHRC Research Development Fund (LU) 5. Foundation for Legal Research A Comparative Analysis of Human Rights Strengthening Human Rights Responses through Inter- Disciplinary Collaborative Research Defining Reparations for Victims of International Crimes: a Comparative Perspective The Re-Invention of Investment Immigration and Constructions of Canadian Citizenship Principal Principal Principal Principal $ (full funding) $ (full funding ) $ (full funding awarded) $ (full funding awarded) December 2016 June 2017 March 2017 March 2017 Mise à jour : Septembre

8 Granting Body Research Title Role Amount Date Defining Reparations for Victims of International Crimes May SSHRC Enhancement Program (LU) 7. Oxford University Press 8. Bora Laskin Faculty of Law (multiple) International Organizations Research Project Various research projects Principal Rapporteur Principal $ (full funding awarded) 70 $ per commentary present $ VI. RESEARCH STIPENDS Institution Project Role Amount Dates 1. Wilfrid Laurier University 2. F.A. Hayek Program for Advanced Study in Philosophy, Politics and Economics 2. ProCuria The Hague University of Applied Sciences 3. F.A. Hayek Program for Advanced Study in Philosophy, Politics and Economics 4. Journal of International and Maritime Studies 5. George Mason University 6. University of Western Australia 7. George Mason University Develop a graduate course on the international rule of law for the Public Safety Master degree Commissioned paper on international legal norms and national security laws Specialized training for legal officers of the Constitutional Court of Indonesia Symposium on the Struggle for Civil Liberties - only legal scholar invited to present on the topic of security Litigating to Negotiate Access to the Pacific Ocean : the Bolivia v. Chile Case Seminar on the Rule of Law for Law Professors Annual International Criminal Law Workshop Law and Economics Institute for Law Professors (two weeks, full-time) Subjectmatter expert Lead author and researcher Invited Professor Invited Presenter 8.600$ US$ October $US August 2017 Co-author of article awarded an honorarium 500 $US July 2017 Participant $US January 2017 Presenter and discussant $AU September 2016 Participant $US August 2016 VII. EMPLOYMENT Mise à jour : Septembre

9 INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA, Hamburg, Germany Legal Adviser to the Applicant (Panama), Case No. 25 M/V Norstar, January present Appointed by the Applicant (Panama) as legal adviser on questions of international law Member of Panama s legal team advising in the written and oral proceedings on the merits INTERNATIONAL COURT OF JUSTICE, UNITED NATIONS, The Hague, The Netherlands Associate Legal Officer, Chambers of H.E. Cançado Trindade and Cot, January December 2014 Conducted in-depth research and advised Judges in international law, law of the sea, international human rights, rule of law, international humanitarian law, comparative law and environmental law Drafted wide-ranging legal documents, including Orders, Judgments, case notes and memoranda THE HAGUE UNIVERSITY OF APPLIED SCIENCES, The Hague, The Netherlands Lecturer (tenure-track), January July 2015 Courses taught or developed: oral advocacy; counter-terrorism; international and comparative law Supervised research projects and theses in international and comparative law Institutional contributions at the Law School including participation in various Committees INTERNATIONAL CRIMINAL COURT, The Hague, The Netherlands Legal Researcher, Appeals Chamber, January 2010-December 2010 Conducted in-depth research and advised in public international law, international humanitarian law, international criminal law, international human rights law and comparative law Drafted or contributed to the drafting of Orders, Decisions, Judgments and scholarly articles NORTON ROSE FULBRIGHT (FORMERLY OGILVY RENAULT LLP), Montreal, Canada Training lawyer, June 2009-December 2009 / May 2006-December 2006 Drafted and pleaded motions in Court and assisted senior attorneys in trial proceedings Drafted legal opinions, reports and memoranda; participated in arbitration proceedings HARVARD LAW SCHOOL, Cambridge, U.S.A. Research Fellow, summer 2009 Pursued independent research in international law and international criminal law Member of Human Rights Watch Delegation to United Nations treaty negotiations, April 2009 Negotiations of the Convention on Conventional Weapons, Protocol on Cluster Munitions Research Assistant to Justice Richard Goldstone, September 2008-May 2009 Rapporteur to an expert meeting on a draft Convention on Crimes Against Humanity INTERNATIONAL CRIMINAL COURT, The Hague, The Netherlands Law clerk, Prosecution Division, Appeals Section, July 2007-October 2007 Assisted the Appeals Section with legal research in preparation of the Court s first trial Provided legal analysis in support of filings on victims participation in Court proceedings CENTER FOR THE LAW OF BUSINESS AND INTERNATIONAL TRADE, Montreal, Canada Research Assistant to Professor Darankaoum, August 2006-February 2007 Mise à jour : Septembre

10 Analysed decisions concerning Canada within the WTO and the NAFTA systems VIII. HONOURS AND AWARDS 2018 Lakehead University Merit Award for exceptional performance in teaching, research and service Grotius Centre for International Legal Studies PhD scholarship [5.000 per annum] 2011 Graduate Institute of International and Development Studies, Geneva - full scholarship for doctoral studies [ per annum] declined in favour of Leiden University Frank Knox Memorial Fellowship, Harvard University General Committee on Scholarships [full scholarship awarded annually to two Canadians in all disciplines, approx US$] John Peters Humphrey Fellowship, Canadian Council on International Law [ CAD$] Harvard Law School thesis publication award [1.000 US$] Harvard Law School Academic Fellowship [4.000 US$] The Right Honourable Paul Martin Sr. Scholarship [full scholarship awarded annually to two Canadian law students, approx CAD$] Cambridge Commonwealth Trust, Overseas Student scholarship [5.000 ] Social Sciences and Humanities Research Council of Canada [ CAD$] Sun Hung Kai-Kwoks Foundation Scholarship [1.000 CAD$] [1.500 ] The Hague Academy of International Law International Law Fund full scholarship Xiamen Academy of International Law Scholarship [full scholarship, approx , declined] Downing College Travel Award [Model UN at Oxford University] Alan B. Gold Masters Award [excellence in alternative dispute settlement, CAD$] Aubrey-Vincent-Senez Masters in Law Award [5.000 CAD$] Rhodes Foundation Fellowship [finalist for Quebec, over 80 candidates] Bloomfield Award [overall academic excellence during LLB studies, CAD$] Mise à jour : Septembre

11 Jean Martineau Award [excellence in advocacy and law of evidence, CAD$] Université Jean Moulin, Lyon III [Certificate in European Law Scholarship, 1.000$] University Estácio de Sá grant [scholarship for academic excellence] IX. LANGUAGES Portuguese (native) English (fluent) French (fluent United Nations Language Proficiency Certificate) Spanish (fluent United Nations Language Proficiency Certificate) Italian (Cambridge University Certificate Intermediate 2) Mandarin and Dutch (basic knowledge) X. PROFESSIONAL ASSOCIATIONS AND BAR ADMISSION Director, Children s Aid Society, Thunder Bay (2016- present) Barreau du Québec, admitted to the Quebec Bar as Barrister and Solicitor (2009-present) XI. ACADEMIC COURSES INTER-AMERICAN INSTITUTE OF HUMAN RIGHTS, San José, Costa Rica Course on the Doctrine and Practice of the Inter-American System of Human Rights, January 2009 Honours: Harvard Law School award THE HAGUE ACADEMY OF INTERNATIONAL LAW, The Hague, The Netherlands Certificate in International Law, Summer 2008 Honours: The Hague Academy of International Law full scholarship BAR SCHOOL OF QUEBEC Bar vocational courses, January-June 2007 CONCORDIA UNIVERSITY, Montreal, Canada B.A. candidate, political science (coursework pursued in concurrently with LLB degree) Honours: Dean s list UNIVERSITÉ JEAN MOULIN - LYON III, Lyon, France Certificate in European Union law, Summer 2006 Honours: Université Jean Moulin full scholarship ESTÁCIO DE SÁ UNIVERSITY, Rio de Janeiro, Brazil LL.B. candidate, January December 2003 (transferred to Université de Montréal in 2004) Honours: University Estácio de Sá grant (partial tuition costs) Mise à jour : Septembre

12 XII. EDITORIAL AND PRO BONO EXPERIENCES COURT OF QUEBEC Pro bono lawyer, August 2017 LAKEHEAD LAW JOURNAL Co-Editor-in-chief, present INTERNATIONAL JOURNAL OF HUMAN RIGHTS External peer-reviewer (scholarly articles), present HARVARD LAW SCHOOL HUMAN RIGHTS CLINIC, Cambridge, U.S.A. HLS Advocate for Human Rights and International Human Rights Clinic member, September May 2009 Pursued advocacy strategies in cooperation with a local NGO for a human rights project in Angola HARVARD INTERNATIONAL LAW JOURNAL, Cambridge, U.S.A. Member of the Submissions Committee, September 2008-May 2009 QUEBEC JOURNAL OF INTERNATIONAL LAW, Montreal, Canada Member of the Editorial Board, September June 2009 XIII. OTHER PROFESSIONAL EXPERIENCE SEMOS LANGUAGE SERVICES, United Kingdom Legal Translation Consultant, September 2007-July 2015 LAVE AUTO ÎLE BIZARD, Montreal, Canada Co-founder of family business, August May 2006 Mise à jour : Septembre