Cincinnati, OH—Jacob Katz Cogan, Associate Professor of Law at the University of Cincinnati College of Law, is a co-recipient of the American Society of International Law’s 2010 Francis Deák Prize for meritorious scholarship. This honor, which was awarded at the Society’s recent annual meeting, was given for Cogan’s article Representation and Power in International Organization: The Operational Constitution and Its Critics, published in the April 2009 issue of the American Journal of International Law.
In the article Cogan writes: “Nothing is more fundamental to a constitutional system than the techniques it adopts and employs for the selection of its governmental decision makers, be they executive, legislative, or judicial officials. Methods of representation can be based on a variety of principles and can be codified by various techniques. The international system possesses a plethora of possible principles, none completely dominant – those that treat all states the same and gives them each an equal vote; those that treat states or groups of states differently and allocate representation based on a distinctive characteristic or interest; and those that give priority to region and divide positions accordingly. There is also a wide array of possible forms for implementing those principles that differ in their formality and degree of entrenchment. In the post-War era, an operational constitution of representation developed in which formal and informal arrangements were utilized to reconcile the conflicting principles and interests in play. Today, this operational regime is under stress: assailed as unreflective of contemporary power dynamics and criticized by those who would do away with informality and preferences altogether. These critiques are moves to create an international system that functions on radically different terms from the one that has existed for the past sixty years.” He concludes the article with a discussion of the future of the operational constitution in light of these challenges.
What is the Francis Deák Prize?
The Francis Deák Prize is awarded annually to a younger author for meritorious scholarship published in The American Journal of International Law. The prize was established by Philip Cohen in 1973, in memory of Francis Deák, former head of the international law program at the Carnegie Endowment for International Peace and editor of American International Law Cases, 1783-1963. The award, sponsored by Oxford University Press, is made in the spring following the volume year in which the article appeared.
For a list of previous winners, visit the website at http://www.asil.org/deakprize.cfm.