The British Institute of International and Comparative Law this year held its Annual Conference on the subject of ‘Climate Change and its Challenges for the International Legal System’ on 17th October at the Institute and the Brunei Gallery, SOAS. The Conference was attended by over 200 delegates and attracted many new members to the Institute.

The Institute’s Director, Professor Robert McCorquodale opened the event, giving an overview of the activities of the Institute in the last year, and the Chairman of the Institute, the Rt Hon Lord Bingham of Cornhill KG introduced the distinguished keynote speaker, the well-known climate change expert and advisor to successive UK Governments on the subject, Sir Crispin Tickell GCMG KCVO.

Sir Crispin’s excellent speech covered the differences between natural changes in climate and those caused by human activity, and the disastrous consequences which are already beginning to occur as a result of the latter, noting not only the environmental impact but the potential political and economic effects. He concluded that a global effort is needed to tackle this fundamental issue, and called for a ‘World Environment Organization to be a partner of the other UN agencies, and make better sense of the present 200 or so limited and often overlapping environmental agreements’, but cautioned that ‘Global arrangements are always fraught’.

His words set the tone for the event, with many forward-looking and insightful papers on topics related to climate change as diverse as intellectual properly regulation, forced migration and the impact of the Kyoto Protocol on foreign investment law. Speakers ranged from the leading environmental lawyers to new and emerging academics, and from scientists to diplomats to journalists. Each panel was followed by engaging and insightful question and answer sessions, and debates on hot topics continued over lunch and coffee breaks, and well into the drinks reception following the event.

The day concluded in a Dinner at the Hotel Russell, at which Professor Sir Brian Hoskins CBE FRS gave an amusing and interesting after dinner speech. Professor McCorquodale hosted a thought-provoking ‘Climate Change Quiz’ during dinner, which was enthusiastically completed by the diners, and provided a fun end to a very informative day.

This event was kindly sponsored by Alliance Bernstein and Shell B.V.

Dealing with International Terrorism and Regional Security: Constitutional status and legal framework to the tribal areas in Pakistan and Afghanistan (21 October 2008)

In the context of its initiative launched last year on the relationship between Islamic Law and International Law and as part of its aim to engage in research and events on subjects relevant to Muslim States, a conference was held on 21 October in collaboration with Brunel University, and the International Institute for Strategic Studies (IISS), and sponsorship of Eurasia-Net for the session on women's rights and religious intolerance. The objective of this one-day conference was to highlight the relationship of Islamic extremism, international terrorism and regional security in the context of tribal areas of Pakistan and Afghanistan. The tribal belt within Pakistan is based on constitutional uncertainty and inadequate legal mechanisms for implementation of human rights and criminal justice system. It has been argued by some that the lawlessness within the tribal areas surrounding Pakistan has also created a safe-haven for Islamic fundamentalists: this conference critically examined the role of the international community and the States of Pakistan and Afghanistan in developing an adequate legal framework and related institutions.
Click here to view the full programme

The Institute invited two Iranian scholars (respectively from Shahid Beheshti University and Mofid University) to visit the UK for one-month in order to undertake research and participate at various academic activities during which the scholars were introduced to important areas of international law which are currently the subject of extensive debate, including on climate change, terrorism, humanitarian law, human rights, international criminal justice and other topics. Specific courses and visits were also tailored with the aim to enhance their English language skills, and more generally their practical and professional skills, mainly two visits to English courts including the Old Bailey in which the scholars had the opportunity to view ongoing criminal trials and see first-hand the conventions and procedures of the Court and the Royal Court of Justice where the scholars learned about the significance of the Court in English legal history, as well as its role within the modern English legal system. A visit to Matrix chambers provided them with the opportunity to understand chamber’s work  and participate into discussion with barristers over human rights cases they are dealing with and the role of international human rights law in their work giving the example of dealing with terrorism cases.   The Iranian scholars also visited key international organizations in the UK, and attended seminars at LSE and Oxford University.

Furthermore, the institute organised for them a one week trip to Ireland for a training on ‘Human Rights Fieldwork: Principles, Strategies, and Skills’ organised by the International Human Rights Network (IHRN) at the university of Ireland in Maynooth. The training explored the principles underpinning effective human rights fieldwork, the full range of the human rights monitoring cycle from information gathering to stimulating sustainable progress, the role of human rights in international humanitarian missions, and the concept and practices of human rights bases approaches (HRBA).

During the final week of the programme, the scholars focused on research and submitted a short paper to Bulletin of International Legal Development (BILD) editor on relevant subject to their research interests.

Damages in International Investment Law

The past two decades have seen a rising wave of investor-State arbitrations, which pose important questions of international law. This volume addresses one of the least understood and most unpredictable areas in that field – the assessment of damages. The result of a two-year research project carried out at the British Institute of International and Comparative Law, this book is the first to examine the subject in a systematic, comprehensive and detailed manner.

The authors provide a much-needed balanced assessment of the complicated and controversial issues arising in relation to compensation awards, putting special emphasis on the interpretation and application of international rules on damages by arbitral tribunals. In addition to careful analysis of the most recent investment treaty case law, other relevant practice, both international and

 national, is reviewed. Thorough, well-organised and supplemented by analytical annexes, the book will be a valuable reference tool for legal professionals and a practical aide for constructing and resolving damages claims in investment arbitrations.

'A brilliant work, informative and elegantly written. Highly recommended to arbitration practitioners.'
Prof Dr Peter Behrens, Professor of Law at the University of Hamburg, Arbitrator

Prices
Member: £54
Non-Member: £90

For details on how to purchase the book mentioned above, for details of our other titles, or for information on how to submit a book proposal, visit www.biicl.org/publications or contact the publisher, Orla Fee; Tel: +44 (0)20 7862 5151

THE ENERGY CHARTER TREATY: ENERGY SECURITY, INVESTMENT PROTECTION AND FUTURE DEVELOPMENTS

22 SEPTEMBER 2008

On 18–19 September, the Institute's Investment Treaty Forum hosted a two-day conference on 'The Energy Charter Treaty: Energy security, investment protection and future developments'. The choice of the topic had not been accidental: energy security is at the top of today's global agenda, and protection of investments is key to building energy security in an increasingly international world. The Energy Charter Treaty, with its 51 member states, plays a major role in guaranteeing energy security in the Eurasian region. Since the Treaty came into force ten years ago, at least 18 investment arbitration cases have been initiated on the basis of the Treaty's powerful investment promotion and protection provisions. The conference was therefore a timely occasion to review the Treaty's achievements, its strong points and its limitations.

Over the two days, the speakers coming from a variety of countries and backgrounds addressed a broad range of topics, from Chinese experience in resolving pipeline disputes to Russia's gas transit wars, from the Treaty's potential to encourage the environmentally-friendly energy investment to the possibility of launching arbitrations against the European Union and the intricacies of application of the Treaty's specific provisions. Thanks to the active audience, presentations were followed by questions and comments. As an innovation, the conference featured electronic voting by the audience on the topical issues related to the Treaty's role and its application. We are extremely grateful to our co-organizers, the Energy Charter Secretariat and the Arbitration Institute of the Stockholm Chamber of Commerce, to the speakers and participants, all of whom contributed to the success of this event.

For the results of the electronic voting, please click the following link: Voting Results Investment Treaty Forum Conference

The Institute is pleased to announce two new appointments to its Board of Trustees.

Ian Hobbs FCA, CEDR Acc replaces Peter Barton DL as a Trustee, and as Chair of the Finance and Audit Subcommittee.  The Institute is extremely grateful to Peter for his long-standing commitment and hard work on the Finance and Audit Committee as well as on the Board of Trustees, and his retirement was celebrated with a small dinner for fellow Trustees at the Travellers Club in June.  Ian Hobbs is a Chartered Accountant and Consultant in the firm of CLB Littlejohn Frazer.

Diana Good, a partner at Linklaters, also resigned recently after many years on the Board of Trustees. Diana was instrumental in engendering positive relations between Linklaters and private practice in general and the Institute, for which the Institute is extremely grateful.  She is replaced by Adam Johnson, a partner in Herbert Smith.  Adam has already been involved in various aspects of the Institute’s work and the Institute looks forward to his continuing contribution.

Alexa van Sickle joined the Institute on 10 October as Publications Assistant. Alexa previously worked in both journalism and legal publishing and holds an MSc in International and European Politics from the University of Edinburgh.











Noreen O’Meara has been appointed a Lecturer in Law at the University of Surrey. This is a marvellous achievement. Noreen will continue to manage the BILD, which is good news for the Institute.

• The British Institute of International and Comparative Law congratulates Professor Christopher Greenwood on his election as a Judge of the International Court of Justice.

The Court plays a vital role in the resolution of disputes between States and in the development of international law.

Professor Greenwood is Professor of International Law at the London School of Economics. He is a Member of the Panel of Arbitrators of the International Centre for the Settlement of Investment Disputes (ICSID) and of the UN Convention on the Law of the Sea (UNCLOS). He is a practising barrister, being appointed Queen’s Counsel in 1999 and has appeared as counsel in many cases before the ICJ, other international courts and tribunals, and the English courts.

Christopher Greenwood, CMG QC is Professor of International Law. He is Joint Editor of the International Law Reports and has taught at universities in the United States and Germany as well as at the Academy of International Law in the Hague. A practising barrister, his cases have included the Pinochet, Kuwait Airways and Guantanamo Bay cases in the English courts, the Lockerbie, Kosovo and Rwanda cases in the International Court of Justice and the Bankovic case in the European Court of Human Rights

• Daniel Bethlehem QC, Legal Adviser at the Foreign & Commonwealth Office and member of the Institute’s Advisory Council, was recently elected a Bencher of the Middle Temple.