How international lawyers can "embrace a proactive and creative approach in a challenging political environment"
This article was written by Salzburg Global Fellow Aiman Shahab, who attended the Salzburg Cutler Fellows Program on "International Law: Comparative Voices and Viewpoints" from February 20 to 22, 2025. The Cutler Fellows Program is held annually in Washington, DC by Salzburg Global’s Lloyd N. Cutler Center for the Rule of Law.
"International law is imperfect, but it's a tool - we must pick it up and use it."
In an era of political turbulence and shifting legal landscapes, the role of international law remains both contested and crucial. This year’s Salzburg Cutler Fellows Program centered on the theme of "International Law: Comparative Voices and Viewpoints," highlighting the importance of diverse perspectives in defending legal norms.
The program theme echoed in a panel discussion on "International Law in Times of Political Crisis," which underscored that while international law may be imperfect, it remains an essential tool for navigating and addressing political upheaval.
Fellows received the opportunity to hear from three stellar panelists: Jared Genser, Managing Director of Perseus Strategies, an international law advisory organization; Clovis Trevino, a partner in Covington & Burling’s international arbitration practice, and Alka Pradhan, Human Rights Counsel at the Department of Defense. Reflecting on the current legal landscape in both the U.S. and globally, which has been marked by political transitions and relentless headlines, the panelists urged legal professionals to embrace a proactive and creative approach in a challenging political environment.
The panel’s moderator, Mark Wu, professor of international economic and trade law at Harvard Law School, opened the discussion with a probing question: “What constitutes a breakdown of legal systems in times of political peril?” The panelists spoke to the fact that such breakdowns are often justified when accountability is absent. In the name of national security, states have at times taken actions that skirt the boundaries of conventional legality. Specifically, the United States has engaged in counterterrorism operations that could be considered acts of terror to the receiving party and are laced with racial bias. These actions, if left unchecked, risk normalizing violations that undermine both the spirit and letter of international law.
The conversation shifted to the role of “strategic lawyering” in mitigating these risks. Strategic lawyering refers to the intentional use of legal tools and advocacy to create systemic change, often by leveraging litigation, policy engagement, and public awareness to protect vulnerable communities. The panelists emphasized that even when political and legal systems appear to be in disarray, innovative legal strategies can secure meaningful wins for vulnerable communities. The panelists advised the audience of law students to pay attention to detail and observe how legal frameworks and policy decisions apply to each client that lawyers work with.
The panelists discussed vocal advocacy as another critical theme, underscoring the necessity for legal professionals to publicly assert the rule of law. By articulating legal principles clearly and holding those in power accountable, lawyers can help restore trust in our legal institutions. Their active engagement not only challenges systemic abuses but also reinforces the idea that the law serves as a bulwark against arbitrary decisions.
The discussion served as a rallying call for emerging legal professionals. The panelists encouraged students and early-career lawyers to think creatively and to explore unconventional avenues within the legal framework. They argued that every case represents an opportunity to reinforce accountability and push back against practices that compromise the rights of the vulnerable. In doing so, legal innovators can contribute to a broader culture of justice that remains resilient even in the face of political uncertainty.
Professor Wu left the Fellows inspired with a concluding thought: "Things feel more on edge than ever. But lawyers are more important than ever. They provide rules and accountability."
Learn more about the Lloyd N. Cutler Center for the Rule of Law.
