Kerstin Bree Carlson

Kort præsentation

Kerstin’s work focuses on the development of international law and legal institutions in the practice of transitional justice.  Her doctoral thesis considered the use of international criminal law to effect social reconstruction, focusing on the jurisprudence of the International Criminal Tribunal for the former Yugoslavia (ICTY) and its impact in the countries of the former Yugoslavia. At iCourts, Kerstin is continuing her consideration of law as a didactic social mechanism through two projects. The first is a study of two internationally-supported domestic war crimes courts (in Bosnia-Herzegovina and Serbia) and those courts’ impact on social reconstruction and legal consciousness. The second is a project following the Extraordinary Chambers for the District Court in Dakar and its prosecution of Chad's ex-dictator Hissene Habre on charges of violations of international humanitarian law.

CV

Kerstin Bree Carlson, J.D., Ph.D.

[email protected]

Education

Ph.D., University of California, Berkeley (2013)

Jurisprudence & Social Policy

J.D., University of California, Berkeley (2001)

B.A., with Honors, The Johns Hopkins University (1995)

double major: Humanistic Area Studies & Russian

semesters abroad: Universidad Complutense (Madrid, Spain) & Mendeleyev Institute of Chemical Technology (Moscow, Russia)

Ph.D. Dissertation

“Model(ing) Law: The ICTY, the International Criminal Justice Template, and Reconciliation in the Former Yugoslavia”

Chair: Malcolm Feeley; Director: Martin Shapiro

Abstract:  The expanding role of courts in modern human rights discourse places them not only at the center of punishment and justice, but also as institutions designed to heal social rifts. My dissertation considers the impact of the International Criminal Tribunal for the former-Yugoslavia (ICTY) on the development of international criminal law and reconciliation in the Balkans, locating problems of perceived legitimacy in structural deficits that detract from the ICTY’s “courtness”. My project contributes to emerging debates, both empirical and normative, regarding the impact of law and international legal tribunals in developing and instilling human rights norms and as transitional justice mechanisms.

Honors, Awards, and Achievements

Excellence in Advising Award, American University of Paris (2014)

Excellence in Teaching Award, American University of Paris (2013)

Silver Medal, twice named “Best Speaker,” US Universities Alumni Debate Tournament (Paris, France 2010)

Law & Society Student Workshop Participant (Montreal, Canada 2008)

Simpson Fellowship (2007 – 2008)

Normative Time Grant, U.C. Berkeley (2006 – 2007)

Fulbright Fellowship, UNESCO (Paris, France 2005 – 2006)

Wilson Center Junior Scholars Training Seminar (Washington, DC 2005)

Fulbright Fellowship (Croatia 2004 – 2005)

Council for European Studies Pre-Dissertation Grant (Serbia 2004)

Foreign Language Area Studies Fellowship (Serbia, 2004)

Outstanding Graduate Student Instructor, U.C. Berkeley (2003 – 2004)

Foreign Language Area Studies Fellowship (Berkeley, California 2002 – 2003)

Graduate Assembly Research Grant (Denmark 2003)

Law & Society Association Summer Institute (Chicago, 2001)

Foreign Language Area Studies Fellowship (Berkeley, California 2000 – 2001)

Boalt Hall Human Rights Center Research Fellowship (Bosnia – Herzegovina 1999)

Provost Award (to conduct research in Moscow, Russia for honor’s thesis, 1995)

Resident Advisor (1994 – 1995)

Language Proficiencies

Bosnian/Croatian/Serbian, Danish, French, German, Russian, Spanish

Affiliations & Accreditations

Bar of State of New York

Law and Society Association

California Law Review, 2L Representative and Editorial Board (1999 –  2001)

Berkeley Journal of International Law, member and Book Review Editor (1998 – 2001)

Phi Mu Sorority (1992 – 1995)

Johns Hopkins Blue Jay Mascot (1992 – 1995)

Professional Experience

Postdoctoral Fellow, iCourts, University of Copenhagen, Copenhagen, Denmark (2014-2017)

Danish National Research Foundation’s Centre for Excellence

• Conduct research on international criminal law, law and society, transitional justice, war crimes courts in Bosnia and Serbia, post-conflict institution building in the former Yugoslavia, resistance to the International Criminal Court in Africa, extra-ordinary criminal chambers in Senegal

• Organizer: Ascribing ‘Evil’: The Missing Criminology of International Criminal Law December 4, 2015

• Teaching: Ret, Moral & Politik spring 2016

   

  Assistant Professor, American University of Paris, Paris, France (from 2011) (on leave)

  Private, U.S.-accredited, liberal arts university with undergraduate and Master’s degree programs

• Develop and teach seminars for undergraduate and graduate students; advise undergraduate students; advise graduate student theses

  • Courses taught:

    • Undergraduate: International Human Rights Law; Transitional Justice; Introduction to History, Law & Society; International Criminal Law (independent study); Political Philosophy; First Bridge (Law in the 21^st Century: The International Criminal Court); Methods

    • Graduate: Women, Conflict, and International Law; International Civil Society; International Arbitration module

• Service:

  • Co-Chair, International & Comparative Politics Department (from 2013)

  • Member, General Education Committee (from 2013)

  • Represent AUP at AMICAL (consortium of international liberal arts colleges) events:

    • Cairo 2012 [participant]

    • Rome 2013 [presenter]

    • Athens 2014 [organizer]

  • Organize institutional integrative learning events:

    • Attend AAC&U (Portland 2013) institute; spearhead internal initiatives in committee (from 2012)

• Awards:

  • Excellence in Advising Award (2014)

  • Excellence in Teaching Award (2013)

  • Mellon grant recipient, curricular development of “Transitional Justice” course (2012)

  • Mellon grant recipient, curricular development of “Comparative Constitutional Law”

     

    Lecturer, HEC (Hautes Études Commerciales) Paris, France (from 2013)

    Grande École, first-ranked business school in Europe

• Develop and teach “Introduction to Anglo-American Law” course for business students.

   

  Lecturer, La Sorbonne (Paris I), Paris, France 2011

  Premier public French university law program, taught in Honors business law program

• Developed and taught English as second language seminar for Honors program Masters of Law students. Class focused on emergence of European contract regulations and cross-examination techniques developed from common law.

   

  Arbitration Associate, Cleary, Gottlieb, Steen & Hamilton, Paris, France 2008 – 2011

  International law firm

• Coordinated seven related multi-million euro ICC arbitrations internally within a team of 20 attorneys and externally with arbitrators, individual and institutional experts, and opposing law firms:

  • Submitted memorials to arbitral tribunals: researched and drafted legal and factual arguments; edited substance and style of text; reviewed supporting citations for accuracy; prepared witness statements; coordinated documentary exhibits; integrated expert reports. 

  • Represented clients before arbitral tribunals: prepared witnesses to give oral testimony; prepared supporting documentation; organized administrative essentials (location, translation, meals, transport); attended hearings.

  • Managed arbitration process: drafted letters to opposing council and tribunal; organized and produced documents.

• Reviewed and revised contracts arising from prior arbitration case; liaised with client regarding same.

• Supervised junior attorneys and paralegals in preparation of official materials as well as internal organization of case material (organization and review of litigation support tools).

• Produced memorials in investor/state arbitrations and proceedings before the European Court of Human Rights.

   

  Lecturer, European University, Munich, Germany 2007 – 2008

  Private international business school awarding undergraduate and Master’s degrees

• Developed and taught undergraduate and Master’s seminars (20-30 students) on European and commercial law; leadership; and human resource management.

   

  Rapporteur, Salzburg Global Seminar, Salzburg, Austria 2007

  Research institute

• Participated in Session 443 “An International Rule of Law: Balancing Security, Democracy, and Human Rights in an Age of Terrorism”

• Drafted working paper emerging from session, available at: http://www.salzburgglobal.org/mediafiles/MEDIA38963.pdf

   

  Consultant & Fulbright Fellow, UNESCO, Paris, France 2005 – 2006

  Freedom of Expression, Democracy & Peace division, addressing media development in post-conflict states

• Coordinated World Press Freedom Day 2006 conference and celebration, including research and drafting of concept note connecting aid for freedom of expression and independent media to human development and poverty eradication as well as organization of the conference, including selecting and procuring speakers and developing policy recommendations emerging from event. Concept note available at: http://www.unesco.org/new/en/communication-and-information/flagship-project-activities/world-press-freedom-day/previous-celebrations/worldpressfreedomday20090000/documents/

• Conducted legal research and drafted memoranda concerning development of regulatory frameworks supportive of freedom of expression, including laws governing public service broadcasters, licensing procedures, and professional standards and associations for journalists and editors.

• Developed departmental strategy regarding UNESCO’s position in UN reforms, project proposals for freedom of expression projects in Iraq, Sudan, Democratic Republic of Congo, and the Balkans.

• Wrote speeches and press releases for UNESCO’s directors.

   

  Lecturer, University of Zagreb, Zagreb, Croatia 2005

  Premier public Croatian university, hosted by Sociology department on Fulbright grant

• By department invitation, led seminar for student exploration of law’s impact on reconciliation in Croatia.

                       

  Graduate Student Instructor, University of California, Berkeley, Berkeley, CA 2002 – 2004

  Premier public U.S. university, taught in undergraduate Legal Studies Department

• Provided teaching and grading support to professors teaching large lecture classes in Legal Studies department. Taught small seminars (20-30 students) revisiting themes in lectures; substitute taught lectures (100-150 students) when professors were unavailable; advised students in office hours; graded papers and exams.

• Courses: “Law, Personhood, & Property” (Professor Ticien Sassoubre); “Law, Politics & Society” (Professor Malcolm Feeley); “Comparative Constitutional Law (Law of the EU)” (Professor Martin Shapiro).

• Awarded Outstanding Graduate Student Instructor award based on student nominations in 2004. 

   

  Summer Associate, Debevoise & Plimpton L.L.P., New York 2001; 2003

  Large international law firm

• Practiced in the litigation department, working on corporate litigation cases and international arbitrations:

  • Conducted research and drafted corresponding memoranda on legal questions including comparative corporate law, First Amendment protections, intellectual property law.

• Assisted more senior attorneys in pro-bono political asylum cases, providing research, filing, and linguistic support (Spanish and Serbo-Croatian).

• Seconded for two weeks to a non-profit legal organization working on fair housing issues; wrote memoranda, attended hearings, represented a Spanish speaking client before an administrative body.

   

  Judicial Clerk, U.S. District Court, Texarkana, TX, USA 2001 – 2002

  Honorable David Folsom, Eastern District of Texas (5th Circuit)     

• Reviewed party submissions and conducted legal research in common and statutory law in diverse legal fields including civil procedure, tort law, patent law, insurance law, and criminal law to advise Judge regarding same:

  • Managed a case load of more than 160 cases: briefed judge on legal and factual substance of cases for hearings before the court; delegated specific evidentiary and administrative motions to the magistrate judge; interfaced with outside attorneys and court staff; directed research and drafting of judicial intern.

• Drafted judicial opinions and answers to motions; findings of fact and findings of law; jury instructions.

   

  Summer Associate, Clifford Chance Rogers & Wells, New York & London 2000

  Large international law firm

• Practiced in the corporate department, conducting research and preparing documents for submission to U.S. regulatory bodies; conducted research and prepared documents for clients in Spanish.

• Assisted attorneys in pro-bono political asylum cases.

   

  Researcher, U.C. Berkeley, Sarajevo & Banja Luka, Bosnia-Herzegovina 1999 – 2000

• Won law-school wide competition for place on 3-person U.S. research team.

• Prepared questionnaire for Bosnian judges and prosecutors; conducted interviews with Bosnian-Serb counterpart team member in Republika Srpska; analyzed collected data.

• Co-authored report that was later published as “Justice, Accountability and Social Reconstruction: An Interview Study of Bosnian Judges and Prosecutors,” Berkeley Journal of International Law, Spring 2000.              

   

  Paralegal, Steptoe & Johnson, L.L.P., Moscow, Russia 1997 – 1998

  Large international law firm with boutique CIS practice

• Assisted in legal work related to privatization of Russian and Soviet companies (mostly energy and telecom); conducted legal and primary factual research, drafted memoranda.

• Liaised with Russian-speaking clients for American attorneys; worked directly with managing partner.

   

  Paralegal, Cameron & Hornbostel, L.L.P., Washington, DC 1995  – 1996

  Boutique international trade law firm

• Conducted legal and primary factual research and drafted briefs for U.S. administrative bodies; drafted memoranda on current legal topics for firm’s partnership.

   

  Publications & Manuscripts

   

  Model(ing) Justice: Perfecting the Promise of International Criminal Law (book manuscript)

   

  “The Justice They Deserve? Structural Failures in the Use of International Criminal Law as a Transitional Justice Mechanism” (Revise & resubmit Journal of Law & Courts 2015)

   

  “Reconciliation Through a Judicial Lens: Competing Legitimation Frameworks in the ICTY's Plavšić and Babić Judgments” Denver Journal of International & Comparative Law Vol 44(2) (forthcoming 2015)

   

  “Constructing Remorse as a Legal Category: Plea Bargains at the ICTY” in Legal Interpretation in the Practice of International Courts and Tribunals: The Linguistic Turn (Anne-Lise Kjœre & Johanne eds) Oxford: Oxford University Press (forthcoming 2016)

   

  “Rarely a Plea, Never a Bargain: Transplanting Plea Bargaining to Serbia and Bosnia” in New Practices of Transnational Criminal Law (Mikkel Jarle Christiansen & Ron Levi, eds) Routledge (forthcoming 2016).

   

  “Commentary on Ten Procedural Decisions Regarding Defendants’ Rights” Annotated Leading Cases of International Criminal Tribunals (ALC) volume XLVIII, André Klip and Steven Freeland, eds (2015)

   

  “Found in Translation: The Value of Teaching Law as Culture” 5(2) Drexel Law Review 407 (2013)

   

  “Joint Criminal Enterprise: The ICTY’s Contentious Addition to International Law,” in ICTY: Towards a Fair Trial?, T. Kruessmann (Ed.) 2008

   

  “An International Rule of Law: Balancing Security, Democracy, and Human Rights in an Age of Terrorism” available at: http://www.salzburgglobal.org/mediafiles/MEDIA38963.pdf

   

  “Media, Development and Poverty Eradication” (working paper for World Press Freedom Day 2006) available under “Themes” at http://www.unesco.org/new/en/communication-and-information/flagship-project-activities/world-press-freedom-day/previous-celebrations/worldpressfreedomday20090000/documents/

   

   “Justice, Accountability and Social Reconstruction: An Interview Study of Bosnian Judges and Prosecutors,” Berkeley Journal of International Law, Spring 2000 (coauthor)

   

  Presentations and Public Appearances

   

  “Remorse as a Legal Category” Presentation at The American University of Paris, October 14, 2015

   

  “Remorse as a Legal Category” Presented at Law & Society Association annual meeting, Seattle, Washington June 2015

   

  “Gendered or Gender Neutral International Criminal Law?” Talks and presentations for Women’s Day Celebrations at U.S. Embassies in Frankfurt, Hamburg & Berlin March 2015

   

  “Law as a Universalizing Language” Presented at the Transitional Justice in the Balkans conference, Ulcinj, Montenegro April 30, 2015

   

  “Rarely a Plea, Never a Bargain: Transplanting Plea Bargaining to Serbia and Bosnia” Presented at Transnational Law Conference, iCourts, November 2014

   

  “International Law in an Age of Insecurity” presentation and workshop, U.S. State Department Teacher Training, Tübingen, Germany October 2014

   

  “Plea Bargains and Reconciliation before the ICTY: A Discursive Analysis” Law and Society Association annual meeting, Minneapolis, Minnesota, June 2014

   

  “The International Criminal Court: Challenges & Possibilities,” Commission of the African Union, Addis Ababa, Ethiopia, February 2014 (invited by the U.S. State Department; also presented to Addis Ababa University law school and St. Mary’s College on the same trip)

   

  “Roma and Rights: A Crisis for European Human Rights” NYU Paris, January 2014

   

  “International Criminal Law: Where Do We Go From Here?” Dignity for All Human Rights Symposium, The American University of Paris, December 2013

   

  “Plea Bargains and Reconciliation: the International Criminal Law Template,” Institute for Global Law & Politics, Harvard University, June 2013

   

  “Transitional Justice Empirics,” Law & Society Association annual meeting, Boston, MA June 2013

   

  “Rarely a Plea, Never a Bargain: Plea Bargains before the ICTY and Reconciliation in the Former Yugoslavia,” University of Hong Kong Centre for Comparative and Public Law, April 2013

   

  “Re-assessing the Tokyo War Crimes Tribunal,” The Politics of Memory and World War II Conference, Department of History, University of Hong Kong, April 2013

   

  “Learning and working across legal systems,” Drexel University Earle Mack School of Law’s symposium “Building Global Professionalism: Emerging Trends in International and Transnational Legal Education” October 2012

   

  “Implications of ICTY Plea Bargains on Reconciliation in the Former Yugoslavia,” International Balkan Symposium, Suleyman Demirel Universitesi, Isparta, Turkey October 2012

   

   “International Imprisonment: Sovereign States, International Law, and Social Control,” Law & Society Association Annual Conference, Honolulu, Hawaii, June 2012

   

  “Argentine Atlas: ICSID Tribunals Try to Strike a Balance,” in absentia, Law and Society Association conference, San Francisco, May 2011

   

  “Reifying Equality: Distinctions between the Common and the Civil Law,” l’Institut d’Etudes de Droit Public, Paris, December 2008 [in French]

   

  “Living Under Law: Bosnian Legal Reform and the Question of Bosnian Sovereignty,” Sciences Po ASN Conference, Paris, July 2008

   

  “Serving Justice Through International Ad Hoc Tribunals: The Case of the ICTY” Law & Society Student Workshop, Montreal, June 2008

   

  “Using International Courts to Grow International Humanitarian Law: The Expansive Doctrine of “Joint Criminal Enterprise,”” Law and Society Association conference, Berlin, July 2007

   

  “Taking Root: The ICTY’s Impact on Collective Memory and Reconciliation in Croatia,” Law and Society Association conference, Berlin, July 2007

   

  “Shaping Collective Identity through Individual Prosecutions: The ICTY's Impact in the Former Yugoslavia,” Association for the Study of Ethnicity and Nationalism, London School of Economics, April 2007

   

  Presenter: Divided Societies, Dubrovnik, Croatia April 2005; April 2007

                                             

  Presenter: Democracy Seminar, Konjic, Bosnia-Herzegovina, July 2005

   

  “Hearts, Minds and Laws: Russia as Defendant Before the European Court of Human Rights” SCR Graduate Student Retreat, University of California, San Diego, May 2004

   

  “Hate Speech in Denmark: Rebutting the Free Speech Principle” Law & Society Association Annual Meeting, Pittsburgh 2003

   

  “Limiting Hegemony through the Elevation of the Domestic: Assessing the War Crimes Tribunal for Bosnia-Herzegovina,” Law & Society Association, Vancouver 2002; Evil and Human Wickedness Conference, Prague, March 2002

   

  Graduate Coursework

   

  Civil Procedure I and II; International Law; Constitutional Law; Freedom of Speech Seminar; Comparative Criminal Law; Human Rights Clinic; Comparative Legal Processes; Criminal Procedure; Federal Courts; Legal Philosophy Seminar; Courts & Social Policy; International Law & Ethics; Topics in Law and Society; Political Philosophy; Philosophy of Law (audited); Theories of Law and Society; Legal Institutions; Comparative Politics (audited); Law & Sociology; Rhetoric of Law; Statistics; Qualitative Analysis Methods.

   

  Qualifying Examinations: Transnational Courts (May 2004); Public Law (April 2003)