ANNUAL REPORT 2013 2014 - Lauterpacht Centre for

ANNUAL REPORT

2013—2014

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LAUTERPACHT CENTRE FOR INTERNATIONAL LAW ● 5 Cranmer Road Cambridge CB3 9BL ● Tel: + 44 (0)1223 335 358 ● Email: [email protected] ● web: www.lcil.cam.ac.uk

Introduction

Established in 1983, the Lauterpacht Centre for International Law is the

centre for the study of international law at the University of Cambridge.

In this role, it seeks to provide both a framework and forum for critical

and constructive thought about the function, content and working of law

in the international community, as well as to develop an appreciation of

international law as an applied body of rules and principles. A number of

those associated with the Centre are actively involved in the practical

development and application of international law.

The Centre is not involved in the formal teaching or supervision of students of the

University; this is the responsibility of the Faculty of Law, of which the Centre is part. The Director,

Deputy Director and some of the other Fellows of the Centre, in their role as members of the

Faculty, are actively involved in teaching and research supervision. The Centre provides a regular

forum for lectures and seminars and other forms of small-group teaching.

The Centre’s Aims “The Lauterpacht Centre advances scholarship in international law at the highest level through

research, documentation, dialogue and publication, and supports efforts to strengthen the

international rule of law. The Centre is inspired by the Lauterpachtian vision of placing human

beings at the centre of international legal development and offers a home for those wishing to

work and collaborate towards that end in Cambridge and elsewhere.”

Centre Objectives The specific objectives of the Centre are:

to serve as a discussion forum for current issues by organising seminars, lectures and meetings

aimed at developing an understanding of international law;

to promote research and publication in international law, including the publication of core

research materials;

to provide, in Cambridge, an intellectual home for scholars of international law from all over

the world who wish to pursue their research in an atmosphere that is stimulating and congenial to

the generation and exchange of ideas;

to provide education and training programmes of the highest quality to external institutions

under special arrangements made with those institutions;

to maintain a library of materials relating to international law.

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2013-14 Highlights

Professor Marc Weller: The Centre was delighted to

note the award to Marc Weller of the Halsbury Legal

Award for distinguished academic contribution to law.

The panel of senior independent judges noted his

contribution to his field was ‘unrivalled – truly stellar’.

Cambridge Jessup team: Over the Christmas break, the Lauterpacht Centre hosted the

Cambridge 2014 Jessup Team. LCIL was pleased to support the preparation of the Cambridge

Jessup team. Jake Rylatt (Queens – who joined the Legal Tools for Peace-Making Project at the

Centre following graduation from the LLM), Geetanjali

Sharma (Lucy Cavendish), Eliza Eagling (Caius),

Angela Tsui (Newnham) and Laura Hill (Corpus Christi)

worked intensively on their memorials in the Old

Library, supported by coaches Odette Murray (Trinity

Hall) and Michael Waibel. They came first in the UK

preliminary rounds, but lost in the quarter finals.

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Centre Library The Centre’s library contains some 5,000 items,

including pleadings, journals, reports and

monographs. Most of the library’s materials have

been donated, but the Centre maintains

subscriptions to a few core international law journals.

During the 2013-14 academic year, books and/or journals were received from Cambridge

University Press, Oxford University Press, Prof James Crawford, Sir Elihu Lauterpacht, Centre

Director Prof Marc Weller, several Friday Lunchtime Lecture speakers, and a number of current

and former visiting and resident scholars. The Centre is grateful to them all for their kind

donations.

Accommodation & Facilities

The Lauterpacht Centre is located in a fine Victorian family

house set in its own attractive garden at No. 5 Cranmer

Road. In 1996 a new wing was constructed, which now

houses the Finley Library on the ground floor, with the

Snyder Study Room and two offices on the floor above.

In June 2002 the Centre acquired the adjoining premises at No. 7 Cranmer Road (“Bahrain

House”). Following its acquisition, no. 7 was initially renovated in 2003, with subsequent

alterations in 2008. In the summer of 2014, following the

granting of planning permission to use the first floor of no. 7

for research use, further alterations were in progress.

Following these modifications, facilities available in No. 7 will

include six large research offices, a meeting room, kitchen, as

well as four ensuite bedrooms and a second, large communal

kitchen for the use of house residents.

Development projects were made possible thanks to generous funding from our benefactors,

in particular Mrs W T Finley Jr, the late Dr Earl Snyder, Trinity College, the King of Bahrain and

the Government of Malaysia. The Centre remains enormously grateful to them all.

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Research Projects Legal Tools for Peace-Making Project

The Centre has a major grant to enhance the impact of law on

international peace negotiations through the Legal Tools for

Peace-making project. The project, led by Professor Weller as

principal investigator and developed together with Dr Tiina

Pajuste of the Centre, is being conducted in close collaboration

with the United Nations Secretariat in New York.

An initial phase of the project commenced in 2012, with seed

funding from the Newton Trust and the Humanity United foundation in the US. This latest grant of GBP

860,000 from the UK Economic and Social Research Council of the UK (ESRC) brings the total volume of

the project to a level in excess of GBP 1 million.

The project aims to give coherence to the burgeoning practice of internationalised peace-making and

offers practice-relevant guidance for international peace mediators in real time. It:

Presents, for the first time, the vast practice revealed through peace agreements on an issue-by

issue basis, making this practice instantly accessible to practitioners and academics;

Derives from this practice realistic settlement options for use in actual peace-negotiations, and

make these available to the United Nations, the African Union, the EU and other mediating

agencies;

Analyses this practice in relation to each issue area against the background of general

international law, with a view to identifying advances of, or deviations from, universal legal

standards;

Establishes how the international system addresses possible deviations from universal standards

in this area of law, and ask whether we are witnessing the creation of a distinct lex pacificatoria

that may threaten the coherence and stability of the international legal system.

The project is unique in that it answers an urgent demand from mediators and international

organisations for practice-oriented guidance, while also engaging with important underlying

conceptual issues. It offers a major opportunity of cross-fertilisation between the areas of academic

study and actual practice at the highest level.

Transitions in International Law and Practice

This project investigates transitions to democracy and develops models and lessons that can be

applied in support of transitional processes. The project is principally focused on the experiences of

the Arab Spring. However, it also takes account of previous experiences gained in the context of the

transformation of Eastern Europe at the end of the Cold War, the transitions in South Africa,

Cambodia, Central and Latin America, and a number of other, more recent cases from other regions.

The project seeks to fulfil the following objectives:

Provide a comprehensive collection of internationalized transition agreements covering the

Arab Spring and a range of other, post-Cold War instances of negotiated transition;

http://www.humanityunited.org/

http://www.esrc.ac.uk/

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Generate an analytical digest of practice, offering a range of settlement options on the

principal issues that are likely to arise in international negotiations about transitions, based on

previous experiences detailed in the existing transition agreements;

Offer assessments of which options have in the past been successful or unsuccessful in relation

to which particular circumstances to help inform and guide on-going mediations;

Generate a handbook on transition negotiations, synthesizing the key approaches and lessons

in relation to a number of key issues, including major transition step, sequencing of these steps,

implantation support, etc.

In addition to these practice-oriented objectives, the project also aims to offer a deeper, scholarly

analysis of some of the underlying, conceptual issues. This includes:

The concept of democracy and its different manifestations in different historical, cultural and

political contexts;

The concept of a ‘state of citizens,’ vs. the concepts of the dominance of a particular religious

view or religious or ethnic titular group;

The meaningful inclusion of women, and of civil society in transition processes;

The role and efficacy of external support or intervention in seeking to encourage democratic

change, balanced against the concept of local ownership;

The challenges posed by spoilers in transition processes, including radical ideologies or

sectarianism.

The project is led by Professor Marc Weller, the Director of the Centre, and supported by Dr Tiina

Pajuste. Professor Weller has served as a Senior United Nations Mediation Expert, covering the

transitions of the Middle East. He drafted the Yemen peace agreement, and has been involved in a

number of other transition processes in the role of Senior Legal Advisor. He is the author, editor or co-

editor of some 25 books, including standard works on self-determination, ethnic conflict, minority

rights and power-sharing.

The first phase of the project was supported and funded by the Foreign and Commonwealth Office of

the United Kingdom. This has consisted of the assembly and digesting of most recent transition

agreements. The analytical phase has now begun.

The Treatment of Jus Cogens by Domestic Courts

This project seeks to illuminate the treatment of jus cogens (or peremptory norms of international

law) in domestic law. To this end, it will offer a set of short guiding principles accompanied by

commentary. The principles and commentary will be underpinned by full research reports

investigating relevant doctrine and practice.

This work was requested by the Judicial College of England and Wales, the principal body responsible

for the training of judges. It aims to offer informal and yet authoritative guidance on this area of

international law which is rather complex—an area with is encountered with increasingly frequency in

domestic proceedings. As this aim is, in the first instance, a practical one, the project avoids questions

of grand theory relating to jus cogens and related concepts which might be impossible to resove.

Instead, it emphasises the practial implications of the doctrine of jus cogens for domestic proceedings.

The project will be carried out by a project team working at the Lauterpacht Centre. It will be

supported by two distinguished review panels. One will include senior members of the bench. Their

input will ensure that the work addresses the needs and concerns of the judiciary. The second will

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consist of distinguished academics and practitioners who will offer comments on the draft outputs as

they develop.

The work is being conducted in three phases. First, there is a comprehensive data-base of

international and domestic cases addressing jus cogens. We have identified in excess of 200 cases

from international and domestic case-law. The data-base will in itself be of significant value to

academics and practitioners and will be made available on the web-site of the Lauterpacht Centre.

The second output of the project will be the collection of substantive and detailed research reports

covering the main areas of interest to the judiciary. The reports will also be of considerable interest to

scholarship. Cambridge University Press has indicated an interest in the publication of the reports in

the form of an edited volume.

Finally, the actual guidance document will be produced. It will consist of short summary statements on

each issue area likely to be of interest to the judiciary. These short summary statements will not

exceed five pages in total. The statements will also be made available in combination with short

explanatory commentaries in a slightly more extensive version.

The project will be completed during the first half of 2015. There will be room for seminars and other

means of disseminating the findings of the project.

BRCS/ICRC Customary International Humanitarian Law Update Project

The research team for the project on customary international humanitarian law (IHL) of the British

Red Cross and the International Committee of the Red Cross (ICRC) remains firmly established at

the Centre. This project provides extensive and geographically diverse information in the field of

IHL by updating the ICRC customary IHL database.

The academic year 2013/14 saw several personnel

changes. Following Dr Michael Carrel’s retirement in

December 2013, Vanessa Holzer became team leader in

January 2014. Helen Obregón Gieseken also left the team

at the end of 2013 to return to Geneva and resume work

for the ICRC. In early 2014 the team’s size grew from four

to five researchers. Vanessa Holzer and Natália Ferreira de

Castro were joined by Claire Constant, Jana Panakova and

Jolien Quispel.

There was also a record number of database updates. New practice from a total of 41 countries

was published on the ICRC’s customary IHL database on four separate occasions. Spanning a variety

of countries from Afghanistan to Zimbabwe, this practice was analysed and processed by the

research team at the Centre. The practice of five international bodies, such as the Ethiopia-Eritrea

Claims Commission and the International Criminal Court, was also added to the database.

http://www.icrc.org/customary-ihl/eng/docs/home

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Centre Publications

The Lauterpacht Centre prepares, edits and/or sponsors a number of publications in international

law, including texts and law reports.

The International Law Reports under the editorship of Sir Elihu Lauterpacht,

Judge Sir Christopher Greenwood, and Ms Karen Lee. The International Law

Reports are published in print and then online (see www.cambridge.org/ilr and

www.justis.com/ilr). Volumes 154 to 156 were published during the 2013-14

academic year.

Cambridge Studies in International and Comparative Law is a wide-ranging series of

monographs in international and comparative law co-edited by John Bell and

James Crawford. Initially started in 1946, it was renewed in 1994 and now extends to

over 100 titles. In addition to the publication of paperback editions of several existing

titles, a number of new titles have been published this academic year, including:

Investment Treaty Arbitration as Public International Law by Eric De Brabandere (Sept 2014);

Substantive Protection under Investment Treaties by Jonathan Bonnitcha (Aug 2014);

Judges, Law and War by Shane Darcy (Aug 2014);

Popular Governance of Post-Conflict Reconstruction by Matthew Saul (Jul 2014);

Religious Offence and Human Rights by Lorenz Langer (Jul 2014);

Evolution of International Environmental Regimes by Simone Schiele (Jun 2014);

Forum Shopping in International Adjudication by Luiz Eduardo Salles (May 2014);

Domestic Politics and International Human Rights Tribunals by Courtney Hillebrecht (May 2014).

Several volumes are also in production and will be released during the next academic year.

The Hersch Lauterpacht Memorial Lecture Series started in 1983 publishes studies based on the annual

series of lectures given at the Centre by distinguished scholars and practitioners to commemorate the

life and work of Sir Hersch Lauterpacht. The latest titled published as part of the series in May 2014 was

Fraudulent Evidence before Public International Tribunals: The Dirty Stories of International Law by

Professor W. Michael Reisman and Christine Skinner. The book follows the keynote address given by

Professor Reisman at a conference given in 2008 which celebrated the Centre’s 25th anniversary.

Under an arrangement with Oxford University Press, the British Yearbook of International Law is edited

from the Centre. James Crawford is Senior Editor and Surabhi Ranganathan is Assistant Editor. The

series is published in print and online as part of the Oxford Journals online resource (see

http://bybil.oxfordjournals.org/). Volume 83 for 2012 was published during the academic year.

http://www.cambridge.org/ilr

http://www.justis.com/ilr

http://bybil.oxfordjournals.org/

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The ICSID Reports contain decisions rendered by arbitral tribunals and ad hoc committees set up within

the framework of the International Centre for the Settlement of Investment Disputes established

pursuant to the ICSID Convention and other related investment arbitration forums. Volume 17, edited

by James Crawford and Joanna Gomula, is currently being assembled.

Publication of the Iran-US Claims Tribunal Reports is on-going but has been slowed by the lack of

new material from the Tribunal. The next volume in the series will progress once sufficient material from

the Tribunal has been received.

Other Notable Publications Other publication news from the 2013-14 academic year worthy of note:

Complementarity in the Line of Fire: The Catalysing Effect of the International Criminal Court

in Uganda and Sudan by Sarah Nouwen, Cambridge University Press, 2013.

Oxford Handbook of the Use of Force in International Law This volume, edited by Marc

Weller with the assistance of Alexia Solomu, contains 57 chapters addressing most aspects

relating to the prohibition of the use of force, and its exceptions, in international law, over

1,300 pages. The book has been in production since the early summer, and is now being

subjected to final proofing.

http://www.cambridge.org/gb/academic/subjects/law/public-international-law/complementarity-in-line-fire-catalysing-effect-international-criminal-court-in-uganda-and-sudan?format=HB?format=HB

http://www.cambridge.org/gb/academic/subjects/law/public-international-law/complementarity-in-line-fire-catalysing-effect-international-criminal-court-in-uganda-and-sudan?format=HB?format=HB

http://ukcatalogue.oup.com/product/9780199673049.do

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Protection of Civilians The protection of civilians is a highly topical issue, which has been at

the forefront of international discourse and taken a prominent role in many international deployments

during recent years. It has been at the centre of debates on the NATO intervention in Libya, UN

deployments in Darfur, South Sudan, and the Democratic Republic of the Congo, and on the failures of

the international community in Sri Lanka and Syria. Variously described as a moral responsibility, a

legal obligation, a mandated peacekeeping task, and the culmination of humanitarian activity, it has

become a high-profile concern of governments, international organisations and civil society, and a

central issue in international peace and security.

‘Protection of Civilians’ is an edited collection offering a multidisciplinary treatment of this

important topic, harnessing perspectives from international law and international relations, traversing

academia and practice. Moving from the historical and philosophical development of the civilian

protection concept, through relevant bodies of international law and normative underpinnings, and on

to politics and practice, the volume presents coherent cross-cutting analysis embedding the realities of

diplomacy and mandate implementation in the academic discourse. In doing so, it engages a series of

current debates, including on the complementarities and conflicts within the foundational bodies of

law, the role of politics and diplomacy in what has often been characterized as a humanitarian

endeavour, and the challenges and impacts of the use of force.

The volume brings together a wide array of eminent academics and respected practitioners,

incorporating contributions from legal scholars and ethicists, political commentators, diplomats, UN

officials, military commanders, development experts and humanitarian aid workers. As the most

comprehensive publication on the subject, this will be the foremost reference, and the seminal work

on the protection of civilians

A Commentary on the United Nations Declaration on the Rights of

Indigenous Peoples (UNDRIP)

Edited by Professor Marc Weller and Dr Jessie Hohmann (Queen Mary

London)

This comprehensive commentary, the first on the UN Declaration on

the Rights of Indigenous Peoples, analyses in detail both the substantive

content of the Declaration and the position of the Declaration within

existing international law. Chapters by some of the area's leading

scholars and practitioners will be included. It will be an indispensable

resource for scholars, students, international organisations, and NGOs

working on the rights of indigenous peoples.

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Centre Lectures & Events

The Friday Lunchtime Lecture series proved as popular as ever with contributions from

a number of high profile speakers. The Michaelmas Term’s lectures began with Professor Jan

Klabbers’ lecture ‘Research as Curiosity, and the Lent Term with Professor Susan Marks’ lecture

on ‘Backlash: The Undeclared War against Human Rights’.

Many of the Centre’s 2013-14 lectures were video and/or audio recorded and uploaded

to the University streaming media service and iTunesU as the ‘LCIL International Law Seminar

Series’ (on the sms here: http://sms.cam.ac.uk/collection/1174883). Lectures were also made

available through the Centre’s website.

Cambridge University Press continued their kind supported the lectures. The lecture

programme for the year appears as Appendix II.

The Centre was also delighted to receive a visit from Judge Theodor Meron, President of

the International Criminal Tribunal for the Former Yugoslavia and President of the Mechanism

for International Criminal Tribunals. President Meron gave an evening lecture on The

Contribution of Ad Hoc Criminal Tribunals to International Accountability.

The year’s Hersch Lauterpacht Memorial Lectures were delivered by

Mary Ellen O’Connell, Robert and Marion Short Professor of Law and Research Professor of

International Dispute Resolution of the University of Notre Dame, Indiana, on 17-19 February

2014. The series was entitled The Art of Peace and was delivered in three parts with a question

and answer session at lunchtime on Thursday 20 February 2014.

http://sms.cam.ac.uk/collection/1174883

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Conferences & Meetings

The Centre hosted a number of conferences and meetings over the 2012-13 academic year,

including:

A half-day ILO seminar on 28 April 2014 on ‘The Social Dimension of Trade Agreements’ featuring

speakers from academia, the ILO, and trade unions. After an introduction by Marc Weller

(Director, LCIL), Franz Ebert (Max Planck Institute) presented his recent report on the design and

implementation of labour standards in free trade agreements. This was followed by a

presentation by Raphael Peel (ILO) on the next phase of research being conducted by the ILO. In a

roundtable, James Harrison (Warwick) explored the theoretical assumptions underlying the

inclusion of provisions on labour standards in trade agreements, Jeffrey Vogt (ITUC) spoke about

his experience in enforcing these provisions on behalf of trade unions and as a member of the

civil society domestic advisory group established under the EU-Korea FTA, and Jeffrey Kenner

(Nottingham) addressed the role of human rights in relation to investment protection obligations.

Lorand Bartels (LCIL) made closing remarks on some possible legal reforms in light of the

reluctance of state parties to pursue investigations of alleged labour rights violations.

Governance and Globalisation: International and European Answers: The Lauterpacht Centre

teamed up with the Centre for European Legal Studies and the Durham European Law Institute as

well as the new Durham Global Policy Institute for this conference seeking to provide

“international” and “European” answers to the transformation of modern governance. The

conference was held in the Lauterpacht Centre (4-5 July 2014) and was supported by Cambridge

and Durham Universities as well as the European Research Council. It is planned to ask

contributors to the conference to also contribute to an edited volume. The conference

presentations engaged and challenged the “classic” narratives of international (e.g. Philip Allot,

David Kennedy, Anne Peters) and European law (e.g. Kenneth Armstrong, Dimitry Kochenov,

Robert Schütze). Yet they also attempted to offer an analysis of the concrete problems and

potential solutions within the international order (e.g. David Held, Marc Weller, Markus Gehring)

as well as the European legal order (e.g. Catherine Barnard, Panos Koutrakos, Fiona de Londras).

The conference was interesting because all contributors were open and willing to engage with the

other field. The conference greatly benefited from the administrative support from the

Lauterpacht Centre through Karen and Anita as well as from CELS through Felicity. The Garden

Tent for the luncheon was a particular eye catcher because it was shaped like a castle.

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Centre People

Directorship of the Centre

Professor Marc Weller took over directorship of the Lauterpacht Centre from Professor James Crawford in October 2010. He is Professor of International Law and International Constitutional Studies and a Fellow of Hughes Hall. Professor Weller has been active as legal adviser to governments and international organizations and as counsel in international litigation. He has also been involved in a number of international peace negotiations and has advised in many instances on post-conflict constitution-making and state-building.

Dr Roger O’Keefe was Deputy Director of the Centre from 2003 to August 2014. His research interests, though varied, focus mainly on international criminal law, international cultural heritage law and the relationship between international and domestic law. Roger left the University of Cambridge in September 2014 to take up the Chair of Public International Law at UCL.

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Centre Staff Centre Administrator

Anita Rutherford is the Centre's Administrator. Anita manages the Centre's finances, buildings and, from September 2013, the Centre’s website. Anita is also the first point of contact for research visit enquiries.

Centre Receptionist/Secretary to the Director

Karen Fachechi joined the Centre in November 2008, after having spent a number of years working for HM Revenue & Customs. Karen runs the front office and works closely with Anita to ensure the smooth running of the Centre.

Computer Officer

Sarah Kitching manages the Centre's computer network, servers, and printers and ensures our wired and wireless access is running smoothly. Sarah works part-time but in 2013-2014 increased her Centre hours to two mornings a week. She is also one of the Faculty of Law's Computer Officers.

Resident Fellows & Associates

Dr John Barker is a Fellow of Hughes Hall and has been a Fellow of the Centre since 1999. He is the Chairman of the UK Foreign Compensation Commission and a member of the FCO Expert Panel on the Rule of Law. He has been advising international development agencies, such as the EU, UNDP and DFID, and NGOs, such as WWF, to promote good governance and legal reform in countries in transition, particularly in Africa.

Dr Lorand Bartels is a University Senior Lecturer in Law in the Faculty of Law and a Fellow of Trinity Hall at the University of Cambridge, where he teaches international law, WTO law and EU law.

Dr Michael Carrel was a Senior Research Fellow at the Lauterpacht Centre for International Law, where he is employed by the British Red Cross as team leader for a continuing International Committee of the Red Cross project examining Customary International Humanitarian Law. Michael retired from the ICRC-BRCS project in December 2013.

http://www.redcross.org.uk/

http://www.icrc.org/eng

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Ms Claire Constant is a British Red Cross Research Fellow on the joint British Red Cross/International Committee of the Red Cross project on customary international humanitarian law. Prior to joining the project, Claire worked as a Project Assistant for Professionals in Humanitarian Assistance and Protection in Brussels. She also has professional experience with the International Criminal Court, FIDH and the Malian Office of Tostan. Claire holds an LL.M. in International Criminal Law from the Irish Centre for Human Rights, a Masters’ in Conflict Analysis and Peacebuilding from SciencesPo Lille and a BA in Politics and International Relations form Kent University.

Professor James Crawford is Whewell Professor of International Law, University of Cambridge and a Fellow of Jesus College. He was Director of the Lauterpacht Centre for 10 years between 1995 and September 2010 and is now a Senior Fellow. He was a Member of the United Nations International Law Commission from 1992-2001 and Special Rapporteur on State Responsibility (1997-2001). In addition to scholarly work on statehood, self-determination, collective rights and international responsibility, he has appeared frequently before the International Court of Justice and other international tribunals.

Ms Natália Ferreira de Castro is a British Red Cross Research Fellow on the British Red Cross/ICRC project on customary international humanitarian law. Prior to joining the Centre, she worked at the International Criminal Court, the Office of the United Nations High Commissioner for Human Rights and the Center for Economic and Social Rights. Natália holds a Master’s in International Affairs from the Institut d’Études Politiques de Paris (Sciences Po), where she focused her studies on Public International Law and Human Rights. She graduated in Law from the University of São Paulo and is admitted to practice in Brazil.

Dr Markus Gehring was appointed a Fellow of the Centre in May 2012 and subsequently as a University Lecturer and Fellow of Hughes Hall. He is Deputy Director of the Centre for European Legal Studies (CELS) and Tutor in Sustainable Development Law at the Law Faculty, Markus’s research interests focus on international and EU sustainable development law, EU external relations law as well as EU and international trade, investment and finance law. He co-hosted a number of workshops and seminars at LCIL during the 2011-12 academic year.

Dr Joanna Gomula is a Fellow of the Centre, working in the field of WTO law. She has lectured in WTO law at the Diplomatic Academy of Vienna, University of Nanterre in Paris and University of Cardinal Wyszynski in Warsaw. Joanna contributes regularly to the WTO section of the Global Community Yearbook of International Law and Jurisprudence (ed. G. Ziccardi Capaldo). Joanna is the joint Editor of the ICSID Reports.

Dr Henning Grosse Ruse-Khan is a University Lecturer in Intellectual Property Law at the Faculty of Law and a Fellow of King’s College. Henning teaches IP and WTO law. His research and teaching focuses on international intellectual property protection and development issues, world trade and investment law, as well as on interfaces among distinct legal orders in international law.

Professor Christine Gray is Professor of International Law at the Faculty of Law and a Fellow of St John’s College.

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Ms Vanessa Holzer is British Red Cross Senior Research Fellow and leads the team of researchers for the British Red Cross/ICRC project on customary international humanitarian law (IHL). Prior to joining the Centre she was a research fellow at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg. She has also worked for UNHCR on the protection of people fleeing conflict and violence as refugees. Vanessa submitted her PhD thesis on refugee protection and IHL at the University of Frankfurt. She holds an LLM from the LSE where she was awarded the Blackstone Chambers Prize.

Ms Karen Lee is a Fellow of the Centre and a Law Fellow of Girton College in the University of Cambridge. She is a law graduate of the University of Cambridge (BA, MA) and has supervised in European Union law at undergraduate level for a number of colleges. She was appointed Centre Publications Director in 2002 and is currently Editor of the International Law Reports.

Dr Sarah Nouwen joined the Lauterpacht Centre in 2009. She is a University Lecturer in Law and Fellow of Pembroke College. Her research interests lie at the intersections of law & politics, war & peace and justice & the rule of law. She is the author of Complementarity in the Line of Fire: The Catalysing Effect of the International Criminal Court in Uganda and Sudan (Cambridge University Press, 2013). In 2014 Sarah was awarded an ESRC Future Research Leaders grant for her project "Peacemaking - What's Law Got to Do with It"? Prior to taking up her lectureship, Sarah served as legal advisor to the African Union High Level Implementation Panel for Sudan, as a Visiting Professional for an ICC judge and as a diplomat for the Netherlands Ministry of Foreign Affairs.

Helen Obregón was a British Red Cross Research Fellow on the joint British Red Cross/International Committee of the Red Cross project on Customary International Humanitarian Law. Helen left the Centre based project in December 2013, taking up a post with the ICRC in Geneva.

Dr Tiina Pajuste is a Research Associate at the Lauterpacht Centre for International Law working on the Legal Tools for Peace-Making project. Her research interests focus mainly on the activity of international organisations, examining both practical and theoretical issues that arise in this context. Her current research focuses on treaty law, peace-making and facilitating peaceful dispute settlement between parties in internal conflict. Dr Pajuste completed her PhD at the University of Cambridge on “Accountability Mechanisms for International Organisations”.

Jana Panakova is a British Red Cross Research Fellow on the joint British Red Cross/International Committee of the Red Cross (ICRC) project on customary international humanitarian law. Prior to joining the project, Jana worked for the ICRC as legal attaché and manager of the ICRC National Implementation Database. She has also worked for the International Criminal Court, the European Centre for Constitutional and Human Rights, and Human Rights Watch. Jana holds an LL.M. from VU University Amsterdam and a Master of Laws degree from the Comenius University in Bratislava.

Jolien Quispel is a British Red Cross Research Fellow on the joint British Red Cross/International Committee of the Red Cross project on customary international humanitarian law. Prior to joining the project, Jolien worked as a senior research associate with the Public International Law and Policy Group, as a pro-bono lawyer at the International Criminal Court and researcher at the Inter-American Court for Human Rights. Jolien holds an LL.M. in International Human Rights and Criminal Justice from Utrecht University, an LL.B. and B.A. in Development Studies and Spanish from the University of Melbourne, and is admitted to practice in Victoria, Australia.

http://www.cambridge.org/gb/academic/subjects/law/public-international-law/complementarity-line-fire-catalysing-effect-international-criminal-court-uganda-and-sudan?format=HB

http://www.cambridge.org/gb/academic/subjects/law/public-international-law/complementarity-line-fire-catalysing-effect-international-criminal-court-uganda-and-sudan?format=HB

http://www.lcil.cam.ac.uk/projects/customary-international-humanitarian-law-project

http://www.lcil.cam.ac.uk/projects/customary-international-humanitarian-law-project

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Dr Surabhi Ranganathan has been a Junior Research Fellow at the Centre and at King’s College since April 2012, and an affiliated lecturer at the Faculty of law since October 2012. During her fellowship she has worked on a number of research and writing projects, and has completed work on a monograph titled Strategically Created Treaty Conflicts and the Politics of International Law, which be published by Cambridge University Press in December 2014. She has also served as Assistant Editor of the British Yearbook of International Law. In January, she will join Warwick University as an Assistant Professor of Law.

Mr Andrew Sanger is the Volterra Fietta Junior Research Lecturer at Newnham College and the Lauterpacht Centre for International Law. His research interests include domestic corporate liability for violations of international law, the relationship between international law and English law, the law of immunity, international human rights law, international criminal law, and the laws of armed conflict.

Ms Alexia Solomou worked as a Research Assistant on the Legal Tools for Peacemaking project from September 2012 to January 2014.

Professor Jorge E. Vinuales is the Harold Samuel Professor of Law and Environmental Policy at the University of Cambridge. Professor Vinuales has wide experience as a practitioner. He has worked on many cases under ICSID, UNCITRAL, ICC or LCIA rules, including several high profile inter-State, investor-State, and commercial disputes, and he regularly advises companies, governments, international organisations or major NGOs on different matters of environmental law, investment law, and public international law at large.

Dr Michael Waibel joined the Centre in October 2008 as a British Academy Postdoctoral Fellow. His research focuses on financial crises and the insolvency of States in international law, exploring the extent to which the law protects sovereign creditors and enables countries in financial distress to restructure their debt. Michael’s book Sovereign Defaults before International Courts and Tribunals was published by Cambridge University Press in 2011. Michael began his university lectureship in international law in January 2012.

Associate Fellows A new category Associate Fellow, was created during the 2012-13 academic year. Fellowship is linked to Cambridge College teaching and research positions and ends on leaving the College post. Associate Fellows are encouraged to participate in Centre activities and are tasked with promoting and contributing to the Centre’s core values and activities. New Associate Fellows include:

Dr Veronika Fikfak, Homerton College Dr Kate Miles, Gonville & Caius College Dr Federica Paddeu, Queens’ College Dr Brendan Plant, Downing College Dr Jillaine Seymour, Sidney Sussex College

Individual profiles for our Associate Fellows can be found on the Centre’s website.

17


Visiting Fellows & Scholars

The Lauterpacht Centre welcomed forty four visiting researchers during the 2013-14 academic year. From October 2013, visitors were accepted for set periods based on an extended Cambridge term and a summer research period. The list of visiting fellows and scholars for the academic year appears as Appendix I. Profiles and research information on the visitors is available on the Centre’s website, along with a ‘visiting fellows archive’ of visitors since summer 2011. Throughout the year visiting fellows and scholars held weekly closed sessions, presenting research and providing a forum for discussion and debate. In addition to their academic endeavour, this year’s visitors organised a number of social activities. The Centre is grateful to the visitors for their contribution to the Centre, both academic and social. The 2013-14 Snyder Visiting Scholarship was awarded to Nicole Tuttle of the Indiana University Maurer School of Law. During her fellowship at the Centre, Nicole worked on her research project which considered sexual violence as a war crime, and current mechanisms and prosecute individuals alleged to have committed sexual violence as a weapon of war. Erica was a fantastic edition to the Centre, adding to the congenial atmosphere. The Centre values the opportunity the scholarship and related Snyder Lecture series gives us in forging a strong relationship with the University of Indiana and we look forward to welcoming next year’s Snyder Scholar in September. The Brandon Research Fellowship was funded by a generous gift in 2009 by Mr Michael Brandon, who sadly passed away in 2012, and by his son Mr Christopher Brandon. Fellowships for 2014 were awarded to: Professor Erik Franckx for research on Maritime Claims in the Arctic: Canadian and Russian Perspectives, and Dr Hiran Jayewardene for research on Experience and emerging issues in applying UNCLOS and delimitation provisions with special reference to the outer limit of national jurisdiction and overlapping EEZ and continental shelf boundaries. The Lauterpacht Centre welcomed three Bohdan Winiarski Scholars to the Centre in 2014. The recipients were Ms Aleksandra Gliszczyńska-Grabias from the Polish Academy of Sciences, Poznań (first scholarship) and Ms Katarzyna Holy of the Polish Ministry of Foreign Affairs (second scholarship). The Scholarships, named after the Polish Judge and international lawyer Bohdan Winiarski, are funded by the Embassy of the Republic of Poland in London and are intended to cover a stay of 8-12 weeks at the Lauterpacht Centre. The 2013-14 Silk Road Scholarship was awarded to Ms Juan Du for research on The Quest for Regulatory Space in IIAs: An Analysis of Exception Clauses. Juan arrived in October 2013 from the Silk Road Institute for International and Comparative Law, Xi’an Jiaotong University, China and is the third Silk Road Scholar to be welcomed at the Centre under a five year agreement with Xi’an Jiaotong University.

Lent Term 2014: LCIL Visiting Fellows & Scholars

18


Senior & Honorary Fellows Senior Fellowship of the Centre was officially recognised in the 2005/6 academic year and is awarded in recognition of eminence in the field of international law combined with significant involvement in the Centre itself.

The Centre also has a number of distinguished Honorary Fellows appointed by reason of their standing in international law or their significant contribution to the development of the Centre. This year, Professor Hugh Thirlway was appointed as an Honorary Fellow in recognition of his distinguished career and continual support of the Centre.

Professor Sir Derek Bowett CBE QC FBA (†) HE Judge Stephen M Schwebel

Mrs William T Finley Jr Dr Earl Snyder (†)

HE Judge Sir Christopher Greenwood CMG QC Mr Edward St George (†)

HE President Dame Rosalyn Higgins DBE QC Professor Hugh Thirlway

HE President Hisashi Owada

Management Committee The Centre is very grateful to members who served on the Management Committee during the past year:

Professor Eilis Ferran (Chair) Dr Sarah Nouwen

Dr Lorand Bartels Dr Roger O’Keefe (Deputy Director)

Professor James Crawford Dr Michael Waibel

Professor Christine Gray [on sabbatical Lent Term]

Professor Marc Weller (Director)

Professor Sir Elihu Lauterpacht

The Management Committee was supported by Centre Administrator Anita Rutherford, whose efforts and dedication in the running of the Centre is gratefully appreciated.

Professor James Crawford SC FBA

Sir Elihu Lauterpacht CBE QC LLD

Judge Howard Morrison

Lord Michael Mustill

Mr Jan Paulsson

Professor Wenhua Shan

Professor Malcolm Shaw QC

Sir Michael Wood KCMG

19


Friends and Supporters of the Centre

One outcome of the Centre’s 25th birthday celebrations in 2008 was the creation of the

category of Friends of the Centre in recognition of significant financial donations. The Centre

thanks the following for their generous support since 2008:

†Mr Michael Brandon Sir Kenneth and Lady Jocelyn Keith

Mr Christopher Brandon Sir Elihu Lauterpacht CBE QC LLD

Judge Charles N. Brower Dr Andrés Rigo Sureda

Professor James Crawford SC FBA Professor Christoph Schreuer

Mrs Julie Finley Sir Michael Wood KCMG

Judge Sir Christopher Greenwood CMG QC

The full listing of Centre Benefactors, Friends and other supporters, as well as information on

various support and giving schemes, is available on the Centre's website (www.lcil.cam.ac.uk/).

Additionally, the Centre is enormously grateful to the authors who generously waive their

royalties in favour of the Centre including those in respect of the Hersch Lauterpacht Memorial

Lectures.

Sponsorship The Centre has a number of building and research projects for which it requires additional

financing. The Centre intends to carry out a substantial drive for funding over the next few

academic years, in the hope of securing further and sustained funds. Donations can be discussed

directly with the Director.

Professor Marc Weller Director

30 September 2014

http://www.lcil.cam.ac.uk/about_the_centre/benefactors_of_the_centre.php

Visiting Fellows & Scholars October 2013 – September 2014

LAUTERPACHT CENTRE for INTERNATIONAL LAW ● 5 Cranmer Road Cambridge CB3 9BL ● tel: ++44 (0)1223 335 358 ● email: [email protected] ● web: www.lcil.cam.ac.uk

Appendix I

Visiting Fellow/Scholar Place of Origin / Institution Period of Stay Research Topic

Mr Nathanael Ali Erasmus University Rotterdam, the Netherlands

13 Jan – 4 Apr 2014 States in international law and policy on terrorism: frames of international cooperation and contestation

Dr Jose Daniel Amado Catholic University of Peru 22 Apr – 4 Jul 2014 International investment law and social conflicts

Dr Mauro Barelli City Law School, City University London 30 Sept - 20 Dec 2013 Indigenous peoples and the dynamics of international law

Mr Laurence Bond Laurence Bond Solicitors, UK 13 Jan – 4 July 2014 International intellectual property law and human rights law

Ms Lianne Boer Faculty of Law, VU University, Amsterdam 13 Jan-4 July 2014 Cyberwar and the Changing Nature of Warfare

Ms Evelyn Campos Sanchez Faculty of Law, University of Amsterdam, The Netherlands

13 Jan- 13 June 2014 The Law of State responsibility

Ms Yuliyah Chernykh National University of Kiev, Mohyla Academy, Ukraine

8 July-19 Sep 2014 International Investment Law & Investment Arbitration

Dr Ignacio de la Rasilla Del Moral Brunel Law School, London, UK 22 Apr – 4 Jul 2014 British International Lawyers and The Rise and Fall of the Second Spanish Republic 1931-1939

Ms Juan Du

(Silk Road Scholar)

Silk Road Institute for International & Comparative Law, Xi'an Jiaotong University, China

1 Oct-30 Sep 2014 The quest for regulatory space in IIAs: an analysis of exception clauses

Ms Martyna Falkowska Centre de Droit International, Université Libre de Bruxelles, Belgium

30 Sep 2013- 4 Apr 2014 The application of general International Law by the International Criminal Judge

Ms Yuwen Fan

Law School, Peking University 29 Mar 2014 -28 Mar 2015 The Impact of Human Rights on the International Dispute Settlement Mechanism: Challenges and Opportunities

Prof Mary Footer University of Nottingham, UK 22 Apr – 4 Jul 2014 Form, function and reach of International and Transnational

Economic Governance

Prof Erik Franckx

(Brandon Fellow)

Vrije Universiteit Brussel, Belgium 1 Aug – 26 Sep 2014 Maritime claims in the Artic: Canadian and Russian perspectives



Appendix I


Ms Gabriela Frei

(Brandon Fellow)

Merton College, University of Oxford 30 Sept-4 April 2014 International Law and the Great War. Illusions, Realities, and

Reflections, 1914-1939

Dr Thomas Gammeltoft-Hansen Danish Institute for Human Rights, Denmark

2-30 Jun 2014 Human Rights in an Age of Globalization

Ms Hao Yayezi Wuhan University, China 30 Sept 2013- 4 July 2014 Provisional measures in the International Tribunal for the Law of the Sea (ITLOS)

Ms Katarzyna Holy

(Bohdan Winiarski scholar)

Ministry of Foreign Affairs, Poland 8 July-7 Sept 2014 International Human Rights; ‘The Scope of States’ positive obligations under International Human Rights Law.

Prof Taisaku Ikeshima Waseda University School of International Liberal Studies, Japan

21 Sep 12- 30 Aug 2014 Comparing Japanese maritime law with British and EU maritime law

Mr Sava Janković University of Warsaw, Institute of International Law, Poland

30 Sept- 20 Dec 2013 Legality of independence of Kosovo in light of international law

Dr Hiran Jayewardene

(Brandon Fellow)

Indian Ocean Marine Affairs Co-operation (IOMAC) Secretariat, Sri Lanka

21 July-22 August 2014 Experience and Emerging Issues in applying UCLOS and Delimitation Provisions with special reference to the outer limit of National Jurisdiction and overlapping EEZ and Continental Shelf Boundaries

Dr Stefan Kröll Germany 7 Jul 2014 – 3 Jul 2015 Public international law implications of the (non-)enforcement of arbitral awards. Executing awards against states or state entities.

Prof Jon-Mirena Landa University of the Basque Country, Spain 1 Jul-1 Sept 2014 Life imprisonment: European and international standards for its legitimacy

Mr Joung-Ryoul Lee Seoul Central District Prosecutors' Office, Republic of Korea

1 Aug-4 July 2014 Due process in the punishment of international crime

Prof Ines Lejarraga University of Buenos Aires, Argentina 22 Apr – 20 Jun 2014 International terrorism: is there a new category of international crime?

Prof Ezequiel Malarino University of Belgrano, Argentina 7 Jul – 19 Sep 2014 The influence of case law of the Inter-American Court for Human Rights on national criminal courts and criminal policy makers



Appendix I


Ms Miriam McKenna University of Copenhagen, Denmark 13 Jan – 4 Apr 2014 The emergence and transformation of self-determination in the post-colonial period: a socio-legal account of its evolving content

Dr Cailin Morrison 22 Apr – 4 Jul 2014

Ms Shavana Musa Tilburg University, Netherlands 22 April-4 July 2014 Victim Reparation under the lus Post bellum: A Historical and Normative Perspective

Dr Hiroaki Nakanishi Graduate School of Asian and African Area Studies, Kyoto University, Japan

30 Sept 2013-4 April 2014 Arms control and disarmament law: Role of the United Nations Security Council in Nuclear Arms Control and Disarmament Law

Mr Matthew Osborne The Australian National University, Australia

7 Jul – 19 Dec 2014 International legal obligations when responding to asylum seeker and refugee movement across the sea: an assessment of international and regional coordinated and cooperative arrangements

Prof Riccardo Pisillo Mazzeschi Department of International and Politicial Sciences, University of Siena

30 Sept-20 Dec 2013 Immunities of State Officials from the Criminal and Civil Jurisdiction of Foreign Courts

Dr Pilar Pozo Serrano Faculty of Law , University of Valencia 30 Sept-20 Dec 2013 Issues arising from the use of force against non State actors: ius ad bellum and ius in bello

Mr Valerio Priuli University of Zurich, Switzerland 7 Mar 2013 – 14 Feb 2014 Analysis of the arguments that states have used in their statements submitted to the ICJ to justify their positions concerning the declaration of independence in respect of Kosovo

Dr Chie Sato Meiji University, Japan 1 Aug – 19 Sep 2014 International Legal Framework for Transboundary Damages caused by Unlawful Acts in the Globalized World

Dr Christine Schwöbel University of Liverpool, UK 27 January-4 April 2014

Dr Nazreen Shaik-Peremanov UNISA, South Africa 2 Sept – 30 Nov 2013 The impact of blood diamond trade on international human rights law

Ms Yan Song China University of Political Science and Law, Beijing, China

30 Sept 2013-19 Sept 2014 Territorial disputes and international law: an analysis of international judicial bodies' decisions



Appendix I


Dr Andrea Steingruber Switzerland 1 Jul – 20 Dec 2013 Soft Law and Non-State Law in the International Business Context

Ms Nicole Tuttle

(Snyder Scholar)

Indiana University, USA 16 Sep – 20 Dec 2013 Sexual violence as a war crime

Ms Inge Van Hulle KU Leuven Faculty of Law ,Belgium 13 January-4 July 2014 History of International Law: The role of British international lawyers in relation to Britain's imperial policy making (1810-1902)

Ms Wei Wu WTO Studies School of Wuhan University,

Wuhan, China

30 September-20 Dec 2013 Ocean Governance before and after Delimitation in East China

Sea: from Chinese perspective

Prof Takuhei Yamada Ryukoku University, Japan 5 Aug 2014 – 4 Aug 2015 The Defence of Necessity in International Law

Ms Inha Yoon Faculty of Law, Keio University, Japan 30 Sept 2013- 4 July 2014 The Right of Victims to Compensation with regard to Violations of International Humanitarian Law and Human Rights

Dr Hua Zhang Faculty of Law, Nanjing University, China 30 Sept 2013-19 Sept 2014 International law of the sea: the application of proportionality in the international law of maritime delimitation

Term Lectures 2013-14


Appendix II


Date Speaker Lecture Title

11 October 2013 Professor Jan Klabbers

University of Helsinki, Finland

Research as Curiosity

18 October 2013 Professor Louise Chappell University of New South Wales, Australia

Gender Justice and Legitimacy at the International Criminal Court

25 October 2013 Professor Guglielmo Verdirame King’s College London, UK

The Devil and the Holy Water: Will Human Rights Tame War or Will War Corrupt Human Rights?

1 November 2013 Dr Olufemi Elias Executive Secretary, World Bank Administrative Tribunal

Recent Developments in the Administration of Justice in International Organisations

8 November 2013 Mr Robert G. Volterra Principal, Volterra Fietta, Uk

Facts, Evidence and Causation: Practice of the ICJ

15 November 2013 Dr Sarah Nouwen Lecturer, University of Cambridge, UK

Complementarity in the line of fire: The catalysing effect of the International Criminal Court in Uganda and Sudan

22 November 2013 Dr Stephen Humphreys Associate Professor, London School of Economics, UK

Theorising International Environmental Law

29 November 2013 Ms Bilqees Esmail Formerly with UNHCR

Nationality laws and the prevention of statelessness in Sudan and South Sudan

6 December 2013 Professor Marc Weller (Chair)

Judge Christine van den Wyngaert, International Criminal Court, The Hauge Professor Christoph Schreuer, Wolf Theiss, Austria

International Law : The Year in Review (Panel Discussion)

17 January 2014 Professor Susan Marks

London School of Economics, UK

Backlash: The Undeclared War against Human Rights

24 January 2014 Dr Marko Milanovic Lecturer, University of Nottingham, UK

Extraterritorial Application of Human Rights Treaties

31 January 2014 Professor Peter-Tobias Stoll Georg-August Universität Göttingen, Germany

Splendid fragmentation? The emergence of preferential trade agreements and the future of the world economic order

7 February 2014 Dr Kate Parlett Freshfields Bruckhaus Deringer, Paris, France

Claims under Customary International Law in Investment Arbitration

14 February 2014 Ms Penelope Nevill Barrister, 20 Essex Street, London, UK

Sanctions: current issues of implementation and enforcement

17 – 20 February 2014 Professor Mary Ellen O’Connell University of Notre Dame, Indiana, USA

SIR HERSCH LATUERPACHT MEMORIAL LECTURES:

International Law and the Art of Peace



Appendix II

Date Speaker Lecture Title

22 February 2013 Professor Gregory H. Fox Wayne State University, USA

Transformative Occupation and Creeping Unilateralism

28 February 2014 Professor Christina Binder Associate Professor, University of Vienna, Austria

Stability and Change in Times of Fragmentation: The Limits of Pacta sunt Servanda revisted

5 March 2014 Professor Benedetta Ubertzzi University of Macerata, Italy

Private International Law before the International Court of Justice

7 March 2014 Professor Ademola Abass United Nations University Comparative Regional Integration Studies, Belgium

Who may exercise the International Residual Responsibility to Protect?

14 March 2014 Professor Tai Ikeshima Waseda University, Japan

The Role and Limits of International Law in Settling the South China Sea Dispute

3 April 2014 President Theodor Meron President, International Criminal Tribunal for the Former Yugoslavia; President, Mechanism for International Criminal Tribunals

The Contribution of Ad Hoc Criminal Tribunals to International Accountability

25 April 2014 Professor Barbara Oomen Utrecht University, The Netherlands

Rights for others: the slow home-coming of human rights in the Netherlands

2 May 2014 Dr Markus Gehring Lecturer, University of Cambridge, UK

International Law and the Global Green Economy

9 May 2014 Dr Yael Ronen Senior Lecturer, Sha’arei Mishpat Law School, Israel

Big Brother’s Little Helpers: Corporate Responsibility under Human Rights Law and Intelligence Gathering

Documents

ANNUAL REPORT 2013 2014 - Lauterpacht Centre for