Dr KIELSGARD, Mark

Publications:

• “Restorative Justice for the Armenians, Resolved: It’s the Least We Can Do.”  Connecticut Journal of International Law, University of Connecticut School of Law, lead article, Volume 24, Issue 1, Fall 2008.
• “A Human Rights Approach to Counter-Terrorism,” California Western International Law Journal,   California Western School of Law, lead article, Volume 36, Number 2, Spring 2006.
• “War On The International Criminal Court,” New York City Law Review, City University of New York School of Law, lead article, Volume 8, Issue 1, Summer 2005.
• “UNOCAL and the Demise of Corporate Neutrality,” California Western International Law Journal, California Western School of Law, Volume 36, Number 1, Fall 2005.
• “Economic Law: A Discussion of Transnational Norms,” Schumacher Foundation Journal, Fall 2005. www.schumacherfoundation.org/authors/markkielsgard.html
• “The Legality Principle at the ECCC: Making up Law as It Goes Along?” Asian Journal of International Law (formerly Singapore Year Book of International Law), (published by Cambridge University Press), Asian Society of International Law, National University of Singapore, August 2011.
• “Universalism and Human Rights in the 21st Century,” Asia Pacific Law Review, City University of Hong Kong School of Law,19:2,November 2011.
• “Sentencing Insights in the International Crimes Court of Cambodia,” City University of Hong Kong Law Review, 3:1 (2011-12).
• “Critiquing Cultural Relativism: A Fresh View from the New Haven School of Jurisprudence,” Cumberland Law Review, Samford University School of Law, lead article, Vol. 42, Issue 3, 2011-2012.
• “Achieving the Right Balance between Rehabilitation and Public Safety under the New Sex Offenders Records Scheme in Hong Kong,” Hong Kong Law Journal, Hong Kong University, Vol. 42, Part 3, 2012, co-authored with Mr. Jack Burke.
• “Post-Incarceration Supervision of Pedophile Offenders: An International Comparative Study,” The Criminal Law Bulletin, (Thompson Reuters) Minnesota State University, Vol. 51, No. 1 (2014) (forthcoming), co-authored with Mr. Jack Burke.
• “Evolving Property Rights in China: Patterns and Dynamics of Condominium Governance,” Chinese Journal of Comparative Law (published by Oxford University Press) Fall issue (2013) co-author with Dr. CHEN Lei.
• “Myth-Driven State Policy: An International Perspective of Recidivism and Incurability of Pedophile Offenders,” Creighton Law Review, Vol. 2, Fall Issue (2013).
• “Counter-Terrorism and Human Rights: Uneasy Marriage and Uncertain Future” The Journal Jurisprudence, Elias Clark Group, Melbourne, Australia, Vol. 18, October 2013.
• “Evolving Human Rights Methodology:  Have Incursions into State Sovereignty Gone Too Far?” Tulane Journal of International and Comparative Law, Issue 1, Vol. 42, Fall 2013.
• “Humanitarian Appeals in Deportation Proceedings and Narrowing the Scope of Judicial Review in Canada, New Zealand and the United States” Hamline Journal of Public Law and Policy, Spring 2014 co-author with Dr. Guy Charlton and Timothy Fadgen.
• “The Political Offense Exception: Protecting Whistleblowers Abroad” The European Journal of International Law: Talk, (online) November 2013.
• "The Emergence of Private Property Law in China and Its Impact on Human Rights" Asian-Pacific Law and Policy Journal, University of Hawaii, Fall 2013 co-authored with Dr. CHEN Lei
• "Hong Kong's Failure to Extradite Edward Snowden: More than Just a Technical Defect" Richmond Journal of Global Law and Business, University of Richmond, Vol. 13, Issue 1 (2014) co-authored with Ken Geekin IP.
• “A Call for Legal Accountability in the Wake of the MH17 Tragedy” The Journal of Air Law and Commerce, Southern Methodist University, December 2015, co-authored with Prof. Vernon Nase. “A” rated in ARC list, Ranked “1” in W & L in Air and Space Law category
• “Prioritizing the Competing Jurisdiction of the International Criminal Court and the African Court of Justice and Human Rights: A Way Forward,” Boston University International Law Journal, Vol. 35, Issue 2 (2017), co-authored with Mr. Ken IP. Ranked “17”(of 195) in W & L in International Law category
• “A Second Front - Again? The Rising Tide of Global Jihadism in East and Southeast Asia,” Intercultural Human Rights Law Review, Saint Thomas University School of Law, co-authored with Tam Hey Juan Julian (forthcoming Summer 2018).
•  “Autocatalytic Models of Counter-Terrorism in East and South East Asia: An International Comparative Analysis of China, Indonesia and Thailand,” George Washington International Law Review, Vol. 50, 101, (2018) George Washington University, lead article, co-authored with Tam Hey Juan Julian.
• “Stopping Terrorism at its Source: Conceptual Failures of a Deterrence Based Counter Terrorism Regime and Committing to a Preemptive Causal Model” Journal of Law and Policy, (Summer 2018), formerly Brooklyn Journal of International Law, lead article, co-authored by Tam Hey Juan Julian.
• Trending Toward Precaution at What Cost? Reconciling Positive and Negative Human Rights Obligations in the Use of Neuro Intervention for Sex Offenders,” Connecticut Public Interest Law Journal, 2019, co-authored by John Khitani (forthcoming).
• “Teaching Public International Law in Jurisdictions with International Law Crisis” (in progress)
• “Exclusion of Coerced Evidence in the People’s Republic of China Under the 2012 Criminal Procedure Amendment, How Has it Done So Far? An Empirical Review,” (in progress)

Books and Book Chapters:

• “RELUCTANT ENGAGEMENT: U.S. POLICY AND THE INTERNATIONAL CRIMINAL COURT,” Studies in Intercultural Human Rights collection, published by Martinus Nijhoff, Brill,  2010.
• “RESPONDING TO MODERN GENOCIDE: AT THE CONFLUENCE OF LAW AND POLITICS,” Under contract with Routledge publishers, Taylor & Francis Group, anticipated 2014.
• Book Chapter - “Self-Defense Against Non-State Actors in the Post 911 Age” in “POST 911 AND THE STATE OF PERMANENT LEGAL EMERGENCY: SECURITY AND HUMAN RIGHTS IN COUNTERING TERRORISM,” Aniceto Masferrer, ed., Springer (Collection “Ius Gentium: Comparative Perspectives on Law and Justice), 2012.
• Book Chapter – “Economic Protectionism and the Choice of Targets in International Criminal Tribunals” in “THE INTERNATIONAL CRIMINAL RESPONSIBILITY OF WAR’S FUNDERS AND PROFITEERS,” Nina Jorgensen, ed., Cambridge University Press (forthcoming).

Grants and Awards:

• SENIOR STAFF SCHOLARSHIP AWARD 2017/18, CITY UNIVERSITY OF HONG KONG SCHOOL OF LAW, won best article of the year amongst senior staff for “Stopping Terrorism at its Source: Conceptual Failures of a Deterrence Based Counter Terrorism Regime and Committing to a Preemptive Causal Model.”
• MYERS S. MCDOUGAL PRIZE 2013, SOCIETY OF POLICY SCIENTISTS, won best policy oriented article of the year for “Critiquing Cultural Relativism: A Fresh View from the New Haven School of Jurisprudence.”
• MARIE CURIE SCHOLARSHIP, LEIDEN UNIVERSITY, Grotius Centre for International Legal Studies, Campus Den Haag, The Hague, Netherlands, 2007. Awarded a fully-funded EU scholarship for post-graduate studies in international criminal law. Awards limited to select PhD and J.S.D. candidates.
• GOVERNMENT OF HONG KONG SAR, CENTRAL POLICY UNIT GRANT, Co-Investigator for the development of a white paper for use in implementing universal suffrage in Hong Kong SAR by 2017 entitled “A Study on the Election Mechanism for the Chief Executive in 2017” 2013.
• CITY UNIVERSITY OF HONG KONG RESEARCH GRANT, Awarded two year ($200,000 HKD - $25,641 USD) research grant entitled “Responding to Modern Genocide: at the Confluence of Law and Politics” 2011-2013.

Conference Presentations:

• Panelist – “Legal Developments at Guantanamo Bay,” sponsored by the Human Rights Committee of the ACLU and featuring Jamil Dakwar, Director.  Key West, Florida. January 2008.
• Speaker – “Above the Law: Police Brutality and Human Rights,” a conference co-sponsored by the National Organization and the Puerto Rican Chapter of the ACLU.  San Juan, PR.  April 2008.
• Panelist, Speaker & Moderator – “Human Trafficking: Global and Local Perspective,” a conference co- sponsored by the St. Thomas School of Law Intercultural Human Rights Department and the Coalition of Catholic Organizations against Human Trafficking.  Miami, FL.  February 2009.
• Speaker – “Transitional Justice and Genocide Survivors,” speaker at the 8th Biennial conference of the International Association of Genocide Scholars (IAGS).  Washington, D.C. 7-10 June 2009.
• Speaker – “Modern Genocide,” speaker before Monroe County Public Schools, Florida, 2009 - 2010.
• Speaker, Conference Co-Coordinator – “2nd Annual New Haven Conference,” organized conference and presented paper tracking the New Haven Policy Oriented School of jurisprudence co-sponsored by Yale Law School and City University Law School.  Hong Kong SAR, 23-24 November 2010.
• Speaker – “9th Biannual IAGS Conference,” sponsored by the International Association of Genocide Scholars. Buenos Aires, Argentina, 19-22 July 2011.
• Speaker – “Law and Justice: China’s Practices in a Global Context,” sponsored by The European - China Law Studies Association (ECLS) at Sciences Po, Paris France, 28-29 September 2011.
• Speaker, Conference Co-Coordinator – “3rd Annual New Haven Conference,” organized conference and presented paper applying New Haven jurisprudence to modern human rights developments in China.  Sponsored by Yale Law School and City University of Hong Kong School of Law.  Hong Kong SAR, 7-8 October 2011.
• Panelist/Moderator – “Capital Punishment in Asia: Progress and Prospects for Law Reform,” sponsored by City University of Hong Kong, Hong Kong SAR, 4-5 November 2011.
• Speaker/Panel Chairperson – “International Law: An Asian Identity? 9th Asian Law Institute Conference,” sponsored by ASLI and the National University of Singapore, Singapore, 31May – 1 June 2012.
• Discussant – “Roundtable on Human Rights Due Diligence by Companies: Perspectives from Asia and Australia,” sponsored by European Coalition for Corporate Justice, International Corporate Accountability Roundtable, Canadian Network on Corporate Accountability and City University of Hong Kong, Hong Kong SAR, 10-11 August 2012.
• Speaker – “Contemporary Legal Problems: The New Haven School of Thought from a Comparative Perspective,” sponsored by Yale Law School and City University of Hong Kong, Hong Kong SAR, 5-6 October 2012.
• Panel Chairperson – “Realisation of Socio-Economic Rights in Emerging Free Markets: Perspectives from China and India,” sponsored by City University of Hong Kong, Hong Kong SAR, 29-30 November 2012.
• Presenter – “2013 ILA-ASIL Asia-Pacific Research Forum,” Excluding Torture Evidence in the PRC, Taipei, Taiwan May 15 -17, 2013.
• Speaker - "New Haven and Other Jurisprudential Perspectives on Conflict Resolution and Current Problems" sponsored by Yale Law School and City University of Hong Kong, Hong Kong SAR, 17-18 September 2013
• Panel Chairperson – “Ending Human Trafficking Conference” sponsored by The University of Hong Kong, City University of Hong Kong and The Hong Kong Federation of Women Lawyers, 1-2 November 2013.
• Speaker – “The Fourth Biennial Conference of the Asian Society of International Law; Asia and International Law in the Twenty-First Century: New Horizons,” sponsored by the Asian Society of International Law and The Indian Society of International Law, Delhi India, 14-16 November 2013.
• Co-organizer, Panel Chair, Discussant - "Historical Origins of International Criminal Law," sponsored by Beijing University, CILRAP, City University of Hong Kong, Hong Kong SAR, 1-2 March 2014.
• Speaker, Panel Chairperson - "Roundtable on Issue Relating to the 2017 Chief Executive Election" sponsored by the Centre for Chinese and Comparative Law, Hong Kong SAR, 26 April 2014.

Professional Affiliations:

• Member, the International Association of Defense Counsel and is licensed to practice before the International Criminal Tribunal for Former Yugoslavia (ICITY), as well as the District of Columbia and the Commonwealth of Virginia.
• Member, the International Association of Genocide Scholars (IAGS)
• Member, the American Political Science Association (APSA)
• Member, the American Society of International Law (ASIL).
• Member, Asian Law Institute (ALI)
• Member, Society of Policy Scientists (SPS)