Cesare P.R. Romano

Last updated

Cesare P.R. Romano (born February 4, 1969), is an Italian and American international law scholar, known as an authority on international law, international courts, and international human rights. He is a professor of law at Loyola Law School Los Angeles. [1]

Contents

Cesare P. R. Romano
BornFebruary 4, 1969
CitizenshipItaly (EU) and USA
Alma materUniversity of Milan; Graduate Institute of International Studies, Geneva

Early life

Cesare Romano is the son of Tullio Romano, an Italian pop-star of the 1960s, member of the Los Marcellos Ferial . He grew up between Milan, Italy, where he was schooled, and Vienna, Austria, where his mother's family lives.

Career

Between 1988 and 1992, he studied Political Science at the University of Milan, where he graduated (Laurea) with the highest grades, with a thesis on Public International Law on Compliance Control under the 1968 Treaty on the Non-Proliferation of Nuclear Weapons. His thesis director was Giorgio Sacerdoti. After receiving his degree, Prof. Romano studied for a year at the Institute for International Political Studies (ISPI), in Milan, preparing for the admission test to the Italian Ministry of Foreign Affairs.

In 1993, he moved to Geneva, to study at the Graduate Institute of International Studies. In 1995, he obtained the Diplôme d’Études Supérieures (DES) with specialization in international law. He was given full scholarship to continue studying towards a Ph.D., which he completed in 1999, on the Peaceful Settlement of International Environmental Disputes, which he successfully defended before Lucius Caflisch, Georges Abi-Saab and Pierre-Marie Dupuy. [2]

In 1996, he moved to New York City, to study at New York University School of Law. He graduated from NYU with an LL.M. in International Legal Studies. During the first few days of his stay at NYU he was offered by Shepard Forman to join the then-soon-to-be Center on International Cooperation (CIC). At CIC, Cesare Romano launched PICT - the Project on International Courts and Tribunals, a joint undertaking of CIC and the Foundation for International Environmental Law and Development (FIELD), at the School of Oriental and African Studies, University of London, and, since 2002, the Faculty of Laws of the Centre for International Courts and Tribunals, at University College London, collaborating with Philippe Sands and Ruth Mackenzie. [3]

PICT was a pioneering project, which changed the well-settled field of the study of international dispute settlement. "PICT’s main contribution to the field has been to look at specific international adjudicative bodies as the pieces of a larger whole —an emerging international judiciary, with much in common and much to learn from each other— rather than as separate institutions, as had been done hitherto. PICT’s website provided the first portal through which newcomers could learn about each and every international judicial body, providing scholars data to start making comparisons across the board”. [4]

Romano's activities at PICT were funded by William and Flora Hewlett Foundation, John & Catherine MacArthur Foundation, and the Ford Foundation.

In 2006, Prof. Romano joined Loyola Law School Los Angeles, receiving tenure in 2009. [5] In 2011, he founded at Loyola Law School Los Angeles the International Human Rights Clinic. He has litigated of dozens of cases before the Inter-American Commission of Human Rights and specialized United Nations human rights bodies, including the Human Rights Committee; the Committee of the Convention on the Elimination of All Forms of Discrimination against Women; the Committee of the International Covenant on Economic, Social and Cultural Rights; prepared amici curiae briefs for the Inter-American Court of Human Rights and several domestic courts; prepared shadow reports for the United Nations Universal Periodic Review and the periodic reports on the International Covenant on Civil and Political Rights. [6] [7]  

Honors

2014: Hidden Hero Award of the CSJ Center for Reconciliation and Justice for his work in the human rights field. [8]

1996-1997: Fulbright Scholarship

1996/1997: Albert Gallatin Fellowship in International Affairs

1996 : Palanti Prize for the best dissertation on issues relating to international peace and security. Awarded by the university of Milan

Publications

Prof. Dr. Romano has authored 8 books, 21 articles and papers and 27 contributions to collective works. [9] Several of Romano's works have been acclaimed as innovative and ground breaking, stirring debate, nationally and internationally.

Peaceful Settlement of International Environmental Disputes

 Romano's Ph.D. dissertation was published by Kluwer in 2000 under the title "The Peaceful Settlement of International Environmental Disputes: A Pragmatic Approach". In his "authoritative and comprehensive" [10] book, Romano argues that arbitration is a more effective means to settle international environmental disputes that resort to judicial bodies, like the International Court of Justice. "Romano eschews traditional explanations of the process by which nations settle these disputes in this important, comprehensive and very readable book that surveys and review the classic conflicts of international environmental law". [10]

The International Judge

Romano co-authored the book with Daniel Terris, an historian, and Leigh Swigart, an anthropologist, directors of the International Center for Ethics, Justice and Public Life of Brandeis University. [11] The book was forwarded by Justice Sonia Sotomayor, of the United States Supreme Court. In her preface, Sotomayor wrote "A proposed bill in Congress to prohibit the citation of foreign law in federal judicial decisions gave rise in recent years to a heated and extensive dialogue among American judges, academics, and commentators on the appropriate role that foreign and international law should play in American constitutional adjudication. But the question of how much we have to learn from foreign law and the international community in interpreting our Constitution is not the only one worth posing.  As The International Judge makes clear, we should also question how much we have to learn from international courts and from their men and women judges about judging and the factors outside of the law that influence our decisions.  This book makes an invaluable contribution to efforts to answer that question by laying bare the institutional, political, moral, ethical, and legal concerns that animate the work of international courts and their judges". [12] Sotomayor wrote this preface when she was still a Federal Judge on the 2nd Circuit Court of Appeals. During confirmation hearings for her appointment at the U.S. Supreme Court, her preface was used by conservatives to question her suitability for the position. [13]

The United States and International Courts and Tribunals

The Sword and the Scales: The United States and International Courts and Tribunals, Cambridge University Press, 2009. "The Sword and the Scales ... is one of the first systematic treatments of the United States’ engagement with international courts and tribunals. With a star-studded cast of contributors, this volume proposes nothing less than ... offering a ‘correlation and causation’ between the rise of the US as a superpower and the ‘judicialization’ of international relations (p. xiv), the ‘first comprehensive look at U.S. attitudes toward a very large range of judicial and … quasi-judicial international institutions and procedures’ (p. xvi)". [14] The book features a heated debate between Romano and John Bellinger III, the Legal Adviser for the  U.S. Department of State  and the  U.S. National Security Council  during the  George W. Bush administration, over the attitude the United States should have toward international courts and tribunals.

International adjudication

Romano C./Alter K./Shany Y. (eds.), The Oxford University Press Handbook of International Adjudication, 2014. “The Oxford Handbook emerges as an indispensable resource for all those interested in international adjudication. It represents the distillation and refinement of great debates in the area and accommodates a diversity of approaches, ranging from the extremely pragmatic, to the forensically descriptive, to the lofty and theoretical.” [15] “The approach taken in the Oxford Handbook is unusually taxonomic: it aspires to provide a comprehensive resource that describes the plethora of existing institutions and the debates that are associated with them, whilst simultaneously seeking to constitute itself as a repository of contemporary practice and challenges facing international adjudication. For this reason, it departs from the traditional style of legal scholarship in its generous use of tables in its annexes and a helpful and detailed pull-out chart, presenting data on the world’s international courts in a manner redolent of the charts distributed by the National Geographic Society.” [15]

Related Research Articles

Dispute resolution or dispute settlement is the process of resolving disputes between parties. The term dispute resolution is conflict resolution through legal means.

<span class="mw-page-title-main">Court of Cassation (France)</span> Highest judicial court in France

The Court of Cassation is the supreme court for civil and criminal cases in France. It is one of the country's four apex courts, along with the Council of State, the Constitutional Council and the Jurisdictional Disputes Tribunal.

<span class="mw-page-title-main">Tribunal</span> Person or institution with the authority to judge, adjudicate or determine claims or disputes

A tribunal, generally, is any person or institution with authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title. For example, an advocate who appears before a court with a single judge could describe that judge as "their tribunal". Many governmental bodies are titled "tribunals" to emphasize that they are not courts of normal jurisdiction. For instance, the International Criminal Tribunal for Rwanda was a body specially constituted under international law; in Great Britain, employment tribunals are bodies set up to hear specific employment disputes.

<span class="mw-page-title-main">International court</span> Courts established by international agreements

International courts are formed by treaties between nations, or by an international organization such as the United Nations – and include ad hoc tribunals and permanent institutions but exclude any courts arising purely under national authority.

<span class="mw-page-title-main">Yale Law School</span> Law school in New Haven, Connecticut, US

Yale Law School (YLS) is the law school of Yale University, a private research university in New Haven, Connecticut. It was established in 1824. The 2020–21 acceptance rate was 4%, the lowest of any law school in the United States. Its yield rate is often the highest of any law school in the United States.

<span class="mw-page-title-main">Loyola Law School</span> Catholic law school in Los Angeles, California.

Loyola Law School is the law school of Loyola Marymount University, a private Catholic university in Los Angeles, California. Loyola was established in 1920.

The court system of Canada is made up of many courts differing in levels of legal superiority and separated by jurisdiction. In the courts, the judiciary interpret and apply the law of Canada. Some of the courts are federal in nature, while others are provincial or territorial.

An administrative law judge (ALJ) in the United States is a judge and trier of fact who both presides over trials and adjudicates claims or disputes involving administrative law. ALJs can administer oaths, take testimony, rule on questions of evidence, and make factual and legal determinations.

A quasi-judicial body is a non-judicial body which can interpret law. It is an entity such as an arbitration panel or tribunal board, which can be a public administrative agency but also a contract- or private law entity, which has been given powers and procedures resembling those of a court of law or judge and which is obliged to objectively determine facts and draw conclusions from them so as to provide the basis of an official action. Such actions are able to remedy a situation or impose legal penalties, and they may affect the legal rights, duties or privileges of specific parties.

<span class="mw-page-title-main">Philippe Sands</span> British/French lawyer, legal academic and author (born 1960)

Philippe Joseph Sands, KC Hon FBA is a British and French writer and lawyer at 11 King's Bench Walk and Professor of Laws and Director of the Centre on International Courts and Tribunals at University College London. A specialist in international law, he appears as counsel and advocate before many international courts and tribunals, including the International Court of Justice, the International Tribunal for the Law of the Sea, the European Court of Justice, the European Court of Human Rights and the International Criminal Court.

Northern Pipeline Construction Company v. Marathon Pipe Line Company, 458 U.S. 50 (1982), is a United States Supreme Court case in which the Court held that Article III jurisdiction could not be conferred on non-Article III courts.

<span class="mw-page-title-main">Judiciary of Colombia</span>

The judiciary of Colombia is a branch of the State of Colombia that interprets and applies the laws of Colombia, to ensure equal justice under law, and to provide a mechanism for dispute resolution. The judiciary comprises a hierarchical system of courts presided over by judges, magistrates and other adjudicators.

<span class="mw-page-title-main">Judiciary of Malta</span>

The judiciary of Malta interprets and applies the laws of Malta, to ensure equal justice under law, and to provide a mechanism for dispute resolution. The legal system of Malta is based partially on English law and partly on Continental law, whilst also being subject to European Union law.

Johann Vincent van der Westhuizen is a South African who served on the Constitutional Court of South Africa from February 2004 to January 2016. He was a professor of law at the University of Pretoria from 1980 to 1999, when he joined the bench as a judge of the High Court of South Africa.

<span class="mw-page-title-main">Judiciary of Sweden</span>

The judicial system of Sweden consists of the law of Sweden and a number of government agencies tasked with upholding security and rule of law within the country. The activities of these agencies include police and law enforcement, prosecution, courts, and prisons and other correctional services.

<span class="mw-page-title-main">Terry J. Hatter Jr.</span> American judge (born 1933)

Terry J. Hatter Jr. is a senior United States district judge of the United States District Court for the Central District of California.

The judiciary of Luxembourg comprises a number of courts.

Karen J. Alter is an American academic, well known for her interdisciplinary work on international law's influence in international and domestic politics. Alter is a figure in comparative international courts and the politics of international regime complexity. Her early work focused on the European Court of Justice, a topic on which she published two books and many articles. Karen Alter is a Guggenheim Fellow, and the winner of a Berlin Prize from the American Academy in Berlin. Alter has a courtesy appointment at Northwestern Law School. Fluent in French, Italian and German, Alter has conducted research throughout Europe, Africa and Latin America.

The Court of Justice of the Andean Community was founded in 1979 by the Cartagena Agreement and began operating in January 1984 in Quito, Ecuador; it was originally known as the Andean Pact.

<span class="mw-page-title-main">Solomon Areda</span> Ethiopian lawyer

Solomon Areda Waktolla is an Ethiopian lawyer who had served as the Deputy Chief Justice/Vice President of the Federal Supreme Court of Ethiopia from 2018 to 2023. Solomon is a prominent lawyer with 26 years of experience in the practice of law, public administration and policy research who is committed for seeing a free and independent judiciary in Ethiopia. Justice Waktolla served in the Ethiopian Judiciary mainly as a judge for 20 years on different levels of the court in both regional and federal positions. In addition, he has been appointed to the membership of the Permanent Court of Arbitration (PCA) at The Hague, Netherlands for a six-year term to serve as an Arbitrator. Justice Solomon Waktolla was appointed on 15 November 2022 by the UN General Assembly as a Half-time Judge of the United Nations Dispute Tribunal for a mandate starting on 1 July 2023 and ending on 30 June 2030.Furthermore,he has been appointed by the Board of Directors of the African Development Bank as a Judge of the Administrative Tribunal of the African Development Bank, effective from November 2023. Justice Waktolla is an accomplished judge and jurist with many years of legal and judicial work experience at both national and international levels.

References

  1. "Loyola Law School Los Angeles". May 4, 2015. Archived from the original on February 4, 2017. Retrieved May 4, 2015.
  2. Romano, Cesare (2000). The Peaceful Settlement of International Environmental Disputes: A Pragmatic Approach. Kluwer. p. ix. ISBN   9041198083.
  3. "Project on International Courts and Tribunals". Archived from the original on 2018-08-31.
  4. Oxford University Press Handbook of International Adjudication. Oxford University Press. 2014. p. vii. ISBN   978019966068-1.
  5. "Romano, Cesare - Loyola Law School, Los Angeles". www.lls.edu. Archived from the original on 2017-02-04. Retrieved 2015-05-04.
  6. "International Human Rights Clinic - Loyola Law School, Los Angeles". www.lls.edu. Archived from the original on 2017-01-07. Retrieved 2015-05-04.
  7. Interview with Cesare Romano. International Justice Resource Center.
  8. University, Loyola. "Hidden Heroes Award". academics.lmu.edu. Archived from the original on 2017-12-30. Retrieved 2015-05-04.
  9. "Romano's personal website".
  10. 1 2 McGee, Henry (2001). "Transboundary Dispute Resolution As a Process and Access to Justice for Private Litigants: Commentaries on Cesare Romano's "The Peaceful Settlement of International Disputes: A Pragmatic Approach"". UCLA Journal of Environmental Law and Policy. 20: 109–132 [109]. doi: 10.5070/L5201019385 .
  11. Hall, John (March 4, 2008). "'The International Judge' Sheds Light on Jurists Deciding the World's Cases". Los Angeles Daily Journal.
  12. Daniel Terris, Cesare Romano, Leigh Swigart, The International Judge: An Introduction to the Men and Women who Decide the World's Cases. University Press of New England. 2007. pp. ix. ISBN   978-1584656661.
  13. Linthicum, Kate (July 15, 2009). "POLITICAL COMMENTARY FROM THE LA TIMES". Los Angeles Times.
  14. Bederman, Daniel (2010). "Book Review". Netherlands International Law Review. 57 (3): 510–515 [510]. doi:10.1017/S0165070X10300088. S2CID   147364247.
  15. 1 2 Hernández, Gleider (2014). "The Judicialization of International Law: Reflections on the Empirical Turn". The European Journal of International Law. 25 (3): 919–934. doi: 10.1093/ejil/chu066 .