Registered charity (No 209425)
Director's Notes
The green shoots of growth have begun to appear! Of course at the
moment they are due to the season rather than the economy, sadly, as the global financial crisis continues to affect the financial situation of many people and organizations across the world. The calls for better regulation of the international financial markets and for better international powers for the market regulators reinforce the need for the Institute as a body committed to the development and practical application of international and comparative law, including in international financial matters.

The Institute is also affected by the financial situation, as some of its regular and potential sponsors are facing their own difficulties and are understandably cautious, which has an impact on our research projects and events. However, the Institute continues to work to ensure that its expenditure is controlled and effective, and it seeks appropriate income generation. At the same time, our development campaigns continue with some very generous donations. A report from our Development Director, Rozelyn Bristowe is given in this Newsletter. Roz has taken over this role, after extensive experience in related sectors, with Diane Denny having given birth to a boy in March (and both are doing well).

We were delighted with the publication of Evidence before the International Court of Justice, written by two of our Research Fellows, Anna Riddell and Brendan Plant. This was a culmination of many years of research assisted by the commitment of a number of our members, in particular Dame Rosalyn Higgins, Sir Frank Berman, Sir Michael Wood and Philippe Sands QC. If you are interested in this book, then please contact our publications team. Another research project that was completed in the past few months was a comparative approach to ‘public authorities’ under the European Convention on Human Rights.

We have also held a range of events, one of the highlights being the last three lectures by Yves Fortier CC QC (former Canadian Ambassador to the UN) and Norah Gallagher (of the Institute) on ‘Investment Protection and the Rule of Law’, as part of the 50th Anniversary series. The last two Lectures in the series were held at the Institute: Uses and Abuses of Comparative Tort Law: Professor Jane Stapleton (ANU and Texas), Professor Jeroen Kortmann (Amsterdam) and Duncan Fairgrieve of the Institute—on Thursday 23 April at 5.30pm; and International Cooperation and the Modern Prosecutor—Keir Starmer QC (Director of Public Prosecutions) and Sarah Williams of the Institute—on Tuesday 2 June at 5.30pm.

Best wishes for a bountiful spring.

Professor Robert McCorquodale
Institute Director

Quick Links

The Institute is running a Development Appeal, with two principal objectives, to raise funds, respectively, for the Bingham Centre for the Rule of Law and for the Sir Arthur Watts Research Fellowship in Public International Law.


As you may recall, in November 2008, the Institute announced the Bingham Appeal. The Appeal has already received donations of more than £325,000 towards a goal of £1.3 million for the establishment of the Bingham Centre for the Rule of Law for five years. Patrons include Hon Mr Justice Arthur Chaskalson, His Excellency Jean-Paul Costa, The Rt Hon Mr Justice Michael de la Bastide, The Rt Hon Sir David Edward KCMG, The Hon Chief Justice Robert French, The Rt Hon Lord Judge CJ, Her Excellency Dame Rosalyn Higgins DBE QC, The Hon Mr Justice Andrew Li Kwok-nang, The Rt Hon Lord Phillips of Worth Matravers, Mahmoud Salih, The Rt Hon Beverley McLachlin, His Excellency Prof Vassilios Skouris, and Sir Peter Sutherland.

The Bingham Centre would be the first institution in the world focused solely on developing the of law, understanding it—and the threats that it faces, providing an intellectual framework within which it can operate and creating the legal and policy tools to support it. The Centre will carry out research and training, with a view to influencing policy and law reform around the world, through lectures, publications and seminars.

The Centre’s governance and staffing will include:
  • The Rt Hon Lord Bingham of Cornhill KG, Life President
  • Director of the Bingham Centre for the Rule of Law
  • An additional Senior Research Fellow and at least two additional Research Fellows
  • Visiting Fellows, including some of the most eminent people in this field
  • Talented interns from around the world (supported by a bursary system)
This is an important project, supported at the highest level of academia, the legal profession, the judiciary, international organizations and business. Properly funded, it has the possibility to make a profound and prolonged contribution to the development of the society in which we live. Our sincere thanks go to Freshfields Bruckhaus Deringer, the Dorset Foundation, the Peter Cruddas Foundation, the BIICL Trustees and those members of the Judiciary and the Bar who have already supported our appeal. To make a donation or to offer support, please contact
Roz Bristowe via email or telephone on 020 7664 4871.


The Institute’s appeal for the Sir Arthur Watts Research Fellowship in Public International Law aims to honour the memory of the late Sir Arthur Watts, widely regarded as one of the foremost public international lawyers of his generation, to secure the place of public international law as a core element of the Institute’s work, and to reflect the special focus Sir Arthur had on the practical operation of public international law founded on a deep knowledge of the law.
Areas featuring in the Institute’s current programme of research and events include:
  • Damages in International Law
  • Evidence before International Courts and Tribunals
  • Comparative International Law
  • Human Rights in Iran
One of the principal duties of the Fellow will be to develop and expand this programme in the light of contemporary needs.

The initial fundraising target for the Sir Arthur Watts Fellowship is £500,000. This will cover the running costs for the Fellowship for five years. A number of substantial gifts have been received with a total of over £100,000 already donated or pledged.

To make a donation or to offer support, please contact Roz Bristowe via email or telephone on 020 7664 4871 or
Sir Frank Berman at Essex Court Chambers
(; 020 7813 8000).

Research Profile: Armed Conflicts, Peacekeeping, Transitional Justice:
Law as Solution (ATLAS)

The Institute has been engaged in a project concerned with the humanitarian and human rights law policy of the European Union. Entitled ‘Armed Conflicts, Peacekeeping, Transitional Justice: Law as Solution’ (ATLAS), the project spans four years and involves six other partner organizations across the EU, including the project co-ordinator, the Université de Paris 1 Panthéon-Sorbonne. For the past year, the Research Fellows Faria Medjouba and Justine Stefanelli are responsible for the work on ATLAS, under the supervision of Sarah Williams.

The overall objective of the project is to contribute to the reinforcement of the rule of law during and after armed conflicts, and to review the current activity of the EU in promoting human rights and international humanitarian law both during and after armed conflicts, mainly through its peace-keeping operations, and to offer recommendations for improvements and best practice in these activities.
The project consists of several work packages, with each institution assigned to specific components within each package. Currently, the Institute is undertaking an overview of the relevant EU legislation and action in order to determine the extent to which EU external policy (specifically Common and Foreign Security Policy) has a human rights and international humanitarian law component with a view toward offering recommendations, codes of conduct for civil and military peacekeeping personnel, and best practice guidelines for policy-makers in the EU and its Member States. As the project involves a number of partner organizations, it has involved regular Steering Committee meetings in various locations including Bucharest and Paris, and soon to include Valencia. The purpose of these meetings is to discuss the progression of the partners’ research and to plan for future work packages and project conferences. In addition to the various reports that the Institute is responsible for, several publications will come out of the ATLAS project. The first of these is a French-language article entitled ‘La prise en considération du droit international humanitaire par l’Union Européenne—une introduction’ to be published by the University of Bucharest.

The project hopes to establish a policy for the EU that will ensure respect for international humanitarian law and human rights through a dissemination of our recommendations to the European institutions, relevant NGOs, representatives of local governments, peacekeeping decision makers, and jurists.

A dedicated website to the ATLAS project has been created and is regularly updated at

Investment Treaty Forum addresses recent economic

In light of the unravelling global economic crisis, on 18 February 2009 the Institute’s Investment Treaty Forum held a roundtable discussion of what the crisis might mean for the arbitration community.
The speakers addressed the questions of whether the crisis is likely to generate an increased flow of claims, whether the measures currently taken by governments appear to breach investment treaty obligations and whether any such breaches could potentially be justified under the necessity defence. A separate presentation addressed the difficulties in damages valuation posed by the global economic downturn. The seminar was kindly hosted by Lovells.

On the eve of the G-20 meeting in London, the Investment Treaty Forum members had the honour of dining with Dan Price who in the past few years served as Assistant to the US President George W Bush and Deputy National Security Advisor for International Economic Affairs. Benefiting from the wealth of experience in the government and private practice alike, Mr Price shared his vision of the main challenges that governments face in dealing with the economic crisis and specifically discussed the dangers of protectionism emphasising the need to avoid even those trade-restrictive measures that do not violate international law. The Institutes warmly thanks Audley Sheppard and Nicholas Fletcher at Clifford Chance for making this dinner happen.

Sergey Ripinsky starts as Scholar-in-Residence at Wilmer Hale

Sergey Ripinsky joined the London arbitration practice of Wilmer Cutler Pickering Hale and Dorr LLP as
Scholar-in-Residence for a six month period commencing 1 April 2009. The firm’s Scholar-in-Residence programme is designed to bring academics from all jurisdictions to the firm to collaborate with the international arbitration team on both professional matters and academic projects and to contribute generally to the intellectual life of the office. We are grateful to Wilmer Hale for providing Sergey with this opportunity to get the first-hand practical experience of handling complex arbitrations.

Ministry of Justice Project

The British Institute of International and Comparative Law recently completed a six month research project for the Ministry of Justice. This comparative study focused on the meaning of ‘public authority’ and ‘public function’ for the purpose of the application of the European Convention on Human Rights (ECHR) at the national level.

This question has arisen particularly frequently in cases involving the privatization of services by the State. In the latest relevant case, YL v Birmingham City Council and Others [2007] UKHL 27, the House of Lords decided that a private care home, when providing accommodation and care to an elderly resident, pursuant to arrangements made with a city government body, was not performing 'functions of a public nature' and thus should not be considered a 'public authority' obliged to comply with the ECHR. However a strong minority opinion was of the view that a wide definition should be given to 'functions of a public nature' to ensure that such services would be subjected to the ECHR. This study analysed whether an amendment to the Human Rights Act 1998 should be envisaged to provide a clear definition of the scope of protection to be applied in such issues.
To complete this study, Anna Riddell, Justine Stefanelli and I sent questionnaires to rapporteurs of a selection of twenty Member States of the Council of Europe. In addition, we visited the European Court of Human Rights in Strasbourg in order to better understand the views on the question at the European level. Over the course of two days, several eminent members of the Court, including The Hon Sir Nicholas Bratza, also a member of the Institute’s Advisory Council, kindly agreed to meet and discuss our research questions.

Competition Law Forum:
Antitrust Marathon III: Antitrust and the Rule of Law
On Friday 17 April, the British Institute's Competition Law Forum and Loyola's Institute for Consumer Antitrust Studies are co-sponsoring the third in its series of Antitrust Marathons. Antitrust Marathon III is a round table discussion focused on Antitrust and the Rule of Law from a comparative perspective.

It takes place at the British Consulate, Cambridge, MA, and brings together experts from Canada, the UK and the US. Antitrust Marathon III took place the Friday before the Boston Marathon which a number of participants ran on Monday 20 April. It was Co-chaired by Prof Spencer Weber Waller and Dr Philip Marsden, topics included:
  • ‘Does the Rule of Reason Violate the Rule of Law?’
  • ‘Checks and Balances: European Competition Law and the Rule of Law’
  • ‘EU Competition Law and the Rule of Law II: Justice Delayed is Justice Denied’
  • ‘Does Antitrust Regulation Violate the Rule of Law?
For more information, please contact either Spencer Weber Waller, Professor and Director, Institute for Consumer Antitrust Studies, Loyola University Chicago School of Law or Dr Philip Marsden, Competition Law Forum, British Institute of International and Comparative Law.

Ninth Annual Trans-Atlantic Antitrust Dialogue


A keynote address by Philip Collins, OFT Chairman, to the British Institute of International and Comparative Law Ninth Annual
Trans-Atlantic Antitrust Dialogue
  • Philip Marsden presented a new paper: ‘Suction Effect: What is the Attraction?’ concerning competition law treatment of retroactive fidelity rebates, at a conference on ‘Issues at the Forefront of Monopolization and Abuse of Dominance’ at the University of Haifa in Israel, which took place from the 24–26 May 2009.

  • Philip Marsden discussed cartel investigation and enforcement in small economies, at the 8th annual meeting of the
    International Competition Network in Zürich from the 2–5 June 2009.

EC Public Procurement Law: Damages as an Effective Remedy?

On 13 March, the Institute organized a very successful seminar on the topic of EC Public Procurement Law: Damages as an Effective Remedy? We were fortunate enough to have high-profile pan-European speakers including: Konrad Schiemann, Judge at the European Court of Justice; Bernard Stirn, Président of the Section du Contentieux, French Conseil d'Etat; Professor Steen Treumer from Copenhagen Business School, Professor Dr iur Martin Burgi from Ruhr-Universität Bochum, and Professor Roberto Caranta from Turin University, which allowed for very interactive discussions & questions from an audience of over 120 delegates. Topics covered included a review of the latest case law across Europe, views from the European Commission, conditions for claims, quantum, causation and loss of a chance.

The Institute intends to continue its work in this area, and invites comments or suggestion to Dr Duncan Fairgrieve or
Faria Medjouba.

Members' News

The UN Human Rights Council voted unanimously to appointment Professor Surya P Subedi, OBE DPhil (Oxford); Barrister (England) School of Law as the UN Special Rapporteur for Human Rights in Cambodia at the conclusion of its 10th session in Geneva last month.

Visiting Fellows Board

As a Research Fellow at the Faculty of Law, Chair for Criminal Law and Criminal Law Proceedings with particular regard to European and International contexts, at the University of Heidelberg I conducted my research at the British Institute of International and Comparative Law as a Visiting Research Fellow for a period of 6 weeks in 2009.

Within the scope of my research I focus on the legal aspects of complementary and alternative medicine. I joined the interdisciplinary healthcare research project ‘Project Healing: the Legal Requirements for Licenses to Practice Healthcare Professions and for Due Diligence in Complementary and Alternative Medicine’ (funded by the German Research Foundation) as a research fellow in December 2007 and I am also writing my PhD dissertation as part of that project. My research in the project is related to the first question and examines the legal situation for the admission to non-medical healthcare professions within alternative and complementary medicine, in particular to the profession of non-medical practitioners, in Germany and the present legal problems and loopholes regarding that admission. At the British Institute of International and Comparative Law I carried out research for a comparative analysis of the legal situation concerning complementary and alternative medicine in the United Kingdom, its integration into the British healthcare system and the cooperation between medical and non-medical healthcare professions in this field. I was very glad to be able to use the facilities of the British Institute and the library of the Institute of Advanced Legal Studies for my research and to attend the various events organised by the Institute.
Furthermore, I was able to win a speaker in London for an interdisciplinary academic conference to be held in October 2009 in Heidelberg (funded by the Heidelberg Academy of Sciences and Humanities) covering the present legal, medical and economic issues of complementary and alternative medicine.

The Visiting Research Fellowship Programme of the British Institute of International and Comparative Law is an excellent opportunity to successfully conduct research in a friendly and multicultural environment and to establish contacts with research fellows from abroad and other interesting people.

Staff News

Best Article Prize for the 2009 Trinity College Law Review

Peter Whelan has won the Best Article Prize for the 2009 Trinity College Law Review following an independent adjudication process. This is sponsored by a Dublin firm of solicitors, Reddy Charlton and McKnight, and includes a small cash prize along with an engraved trophy.

The Institute congratulates Anna Riddell, Research Fellow in European and Public International Law, who has been accepted into the PhD programme at the European University Institute in Florence, where she will commence research into the interplay between public international law and European law in October 2009.
Other News
  • We would like to welcome to Dr Farkhanda Zia Mansoor as a new Research Fellow. She is working with Dr Nisrine Abiad on the research project on the Rights of the Child in Criminal Law in Iran (funded by the FCO). She has been working as a Professor in the Faculty of Law at the International Islamic University in Islamabad in Pakistan prior to coming to the Institute.

  • Rozelyn Bristowe has taken over from Diane Denny as Development Director. Roz has extensive experience in related sectors.

  • Congratulations to Diane Denny and her husband Andrew on the birth of their son Oliver in March.

Tom Bingham and the
Transformation of the Law

Tom Bingham is among the most influential judges of the 20th century, having occupied in succession the most senior judicial offices, Master of the Rolls, Lord Chief Justice and then Senior Law Lord. His judicial and academic work has deeply influenced the development of the law in a period of substantial legal change. In particular his role in establishing the new UK Supreme Court, and his views on the rule of law and judicial independence have left a profound mark on UK constitutional law. He has also been instrumental in championing the academic and judicial use of comparative law, through his judicial work and involvement with the British Institute of International and Comparative Law.

TThis book edited by Mads Andenas and Duncan Fairgrieve brings together over fifty essays from colleagues and those influenced by Lord Bingham, from across academia and legal practice. The essays survey Lord Bingham's pivotal role in the transformations that have taken place in the legal system during his career. For more information please click here.

Meeting and Conference Facilities

The Institute is situated for convenient access to the City and West End and is just minutes away from British Rail stations at Euston and King's Cross St Pancras, and with a direct link to Heathrow Airport via Russell Square underground station. The Institute’s Grotius Library is ideally suited for a wide range of functions including conferences, lectures, seminars and meetings. The room is available for hire on Fridays from 9.30-17.30, subject to the Institute’s own needs.
Grotius Library Hire

Theatre style (40– 60)
Boardroom Style (25)

Room Hire Full Day: £415
Room Hire Half Day: £235
Contact: Jane Nicholson-Biss
Tel: +44 (0)20 7862 5151 (switchboard)
Fax: +44 (0)20 7862 5152

Programme of events

Forum on Expert Evidence in International Tribunals and Launch of
‘Evidence Before the International Court of Justice’

Monday 22 June 2009 17:30 to 19:30

British Institute of International and Comparative Law,
Charles Clore House,
17 Russell Square,
London, WC1B 5JP

Sir Franklin Berman KCMQ QC
, Essex Court Chambers

W Michael Reisman
, Myres S McDougal Professor of International Law, Yale Law School
Christopher Carleton MBE, Head of the Law of the Sea Division, United Kingdom Hydrographic Office
Philippe Sands QC, Matrix Chambers
Dr Mojtaba Kazazi, Executive Head of United Nations Compensation Commission

This Forum has been convened to discuss the issues surrounding the use of expert evidence in
international courts and tribunals. Practitioners and Judges with experience of the various
international tribunals have been gathered together, along with persons who have acted as experts in such fora to highlight the issues, compare and contrast them and draw some conclusions and
possibly recommendations for future practice.

The Forum will be followed by the Launch of the BIICL publication Evidence Before the International Court of Justice.

CPD Hours  TBC

Delegate Rate 
Non-Member rate: Individual: £105, Academic: £70, Student: £20
Member rate: Individual: £60, Academic: £40, Student: £10

48th London-Leiden Conference
Courting Europa: Reflections on Preliminary References

Saturday 27 June 2009 09:00 to 17:00

British Institute of International and Comparative Law,
Charles Clore House,
17 Russell Square,
London, WC1B 5JP

Sir David Edward, Professor at the University of Edinburgh, former Judge at the European Court of Justice
Sir Francis Jacobs, Professor at King's College London, former Advocate-General at the European Court of Justice
Alison McDonnel, Associate Editor of the Common Market Law Review
Paul Lasok QC, barrister at Monckton Chambers
Sir Konrad Schiemann, Judge at the European Court of Justice
AG Eleanor Sharpston, Advocate-General at the European Court of Justice
Prof Piet Jan Slot, Professor at the University of Leiden
John Walters QC, Barrister at Gray's Inn Tax Chambers
AG Peter Wattel, Advocate-General at the Dutch Supreme Court

CPD Hours  TBC

Delegate Rate 
Non-Member rate: Individual: £145, Academic: £100, Student: £45
Member rate: Individual: £85, Academic: £60, Student: £25

Sponsored by

Conference on Credit Crunch Litigation

Tuesday 30 June 2009 14:30 to 18:30

British Institute of International and Comparative Law,
Charles Clore House,
17 Russell Square,

Julien Hay, avocat à la cour, France
Gaetano Iorio Fiorelli, Baker & McKenzie, Milan.
Professor Giles Cuniberti, University of Luxembourg, Avocat
Richard East, Quinn Emanuel
Peter Hayden, Mourant du Feu & Jeune, Cayman
Daan F. Lunsingh Scheurleer, NautaDutilh, Amsterdam
Stephen L. Ratner, Proskauer Rose LLP
Javier Cremades, Cremades & Calvo-Sotelo, Madrid
David Chekroun, Professor, ESCP Europe, Paris
Gaytri Kachroo, McCarter & English LLP
Dr Duncan Fairgrieve, British Institute of International and Comparative Law

The basic concept is to analyse credit crunch litigation from both legal & banking
perspective with views from Europe (France, UK etc) & US. This will bring together bankers, litigators & academics from around the world.

Such claims, would cover issues such as fraud, but also extend further:

  • Investor claims against hedge funds, financial service providers & banks.
  • Hedge fund claims against directors, officers, and their professional service
    providers, including Administrators, Auditors, Attorneys, Custodians, and Brokers.
  • Hedge fund claims against business counterparties or business competitors.
  • Liquidation claims, including applications for the appointment of liquidators;
    liquidators' claims for the recovery of documents and assets; and disputes
    over the distribution of assets in a liquidation.

Organized by ESCP-EAP European School of Management & British Institute of International and Comparative Law.

CPD Hours  TBC

Delegate Rate 
Non-Member rate: Individual: £180, Academic: £100, Student: £25
Member rate: Individual: £100, Academic: £60, Student: £15


For details on how to purchase any of the books mentioned below, or for details of our other titles, or for information on how to submit a book proposal, visit or contact the publisher, Orla Fee.

The Public-Private Law Divide: Potential for Transformation? Matthias Ruffert (ed)

Published 5 May 2009 Price: £85 (members £48) ISBN: 978-1905221-34-9

Administrative law has been the object of thorough reforms in many European countries. Most of the developments are common to the various legal systems, such as the idea of New Public Management or new patterns like public choice and consumer orientation. There are novel agencies and regulatory concepts, there is deregulation, and the citizen–government relationship has been changed towards openness and mutuality.

Various administrative legal systems’ modifications are different with respect to their starting points, but similar in their development. Administrative law scholarship has taken up these challenges. The core scientific development is a shift away from the control (ie courtroom) perspective towards a perspective of governance (‘Steuerung’ in the German terminology). Administrative law should provide means, tools and scales which allow for the effective implementation of legal principles and rules, using resources economically and taking sound decisions which are acceptable to those affected. Considering interdisciplinary input, it is fair to design a ‘New Administrative Law’
(Neue Verwaltungsrechtswissenschaft) as a scientific approach.

Agriculture and the Polluter Pays Principle Margaret Rosso Grossman (ed)

Published 5 May 2009 Price: £80 (members £48) ISBN: 978-1-905221-22-6

This volume introduces the reader to the polluter pays principle and addresses the application of the principle to agricultural activities in a number of nations in the EU and North America. It was developed as a follow-up to the XVIIth Congress of the International Academy of Comparative Law (Utrecht, The Netherlands, July 2006).
The polluter pays principle requires the polluter to bear the expense of preventing, controlling and cleaning up pollution. Agricultural practices result in both benefits and burdens to the environment—it often provides attractive rural landscapes and preserves valued habitats, but emissions from agricultural operations (livestock wastes, agricultural chemicals) may pollute water, air and soils or degrade habitat and landscape.

The time is opportune, therefore, to evaluate the application of the polluter pays principle to agricultural activities Application of the principle to agriculture has raised particular difficulties, in part because the diffuse nature of emissions from agriculture poses regulatory obstacles and because agriculture is sometimes exempt from environmental controls that apply to other industries. Society's recent focus on environmental harms from agriculture, however, suggests that lawmakers may enact more stringent regulation.

The Temporal Scope of Investment Protection Treaties Nick Gallus

Published 26 February 2009 Price £60 (BIICL members £36) $100 ISBN: 978-1-905221-33-2

The Temporal Scope of Investment Protection Treaties addresses all aspects of investment protection treaty tribunals’ temporal jurisdiction. Specifically, the book examines: the application of the temporal rule to investment protection treaties, including the aspect of the rule providing that a State cannot breach a treaty through acts occurring before the treaty comes into force; circumstances under which a State can breach a treaty through continuing or composite acts beginning before the treaty comes into force; the consequence of State acts after the treaty is signed but before it is ratified; time limits; and disputes arising before an investment protection treaty comes into force.

The book draws from investment protection treaty decisions, as well as relevant decisions of other international tribunals, and is, therefore, not only a resource for investment protection treaty practitioners, arbitrators, academics and students, but also for those interested in the temporal jurisdiction of any international tribunal.

Evidence before the International Court of Justice Anna Riddell and Brendan Plant

Published 25 February 2009 Price: £90 (members £40) ISBN: 978-1-905221-25-7

Some recent contentious issues about the use of evidence in cases before the International Court of Justice have highlighted the importance of factfinding and the use of evidence before this Court. This major study by the British Institute of International and Comparative Law has examined all aspects of the Court's handling and treatment of evidence in detail, in both contentious and advisory proceedings, from the recently-refined procedure for submitting late evidence, to the hearing of live witness testimony in the Peace Palace.

This book examines the history and development of the treatment of evidence since the early days of the PCIJ up to the recent Nicaragua v Honduras Judgment, critically analysing the Statute and Rules of the Court, dicta from judgments and separate and dissenting opinions, the newly developed Practice Directions and academic writings on the subject. It aims not only to provide an academic discussion of the subject, but also to act as a guide to practitioners appearing before the Court.

‘The initiative taken by the British Institute of International and Comparative Law to carry out a thorough study of the rules of evidence in international courts and tribunals will place international lawyers deeply in their debt. There can be hardly any field of international legal practice presenting no possibility of presentation of a claim, at some stage and in some circumstances, to an international court or tribunal, so that consideration of procedural issues, and in particular what facts must be proved, and how they are to be proved, may come to have almost as great an importance for the practitioner as consideration of the state of the substantive law. The proliferation of such tribunals in recent years, each with its own nature, its own constituent instrument, and its growing body of practice, also necessitates the focusing of attention on the underlying principles. The study will be an excellent starting-point, in view of the thoroughness with which the relevant material has been assembled, and set against an analytical assessment in relation to those principles.’

Professor Hugh Thirlway
Former First Legal Secretary of the International Court of Justice


The recently published study by the British Institute of International and Comparative Law, Evidence before the International Court of Justice, will be launched on 22nd June 2009 at a Forum on Expert Evidence in International Courts and Tribunals. Sir Franklin Berman will be leading discussion and debate on the various issues surrounding the use of expert evidence with leading academics and practitioners W Michael Reisman and Professor Philippe Sands QC, and leading expert Chris Carleton from the UK
Hydrographic Office.

The Forum will discuss each issue in turn, and compare and contrast practice and experience across the various tribunals in order to draw some conclusions and possibly recommendations for future practice. The event will be informative for any practitioner or firm using experts or expert evidence, or those called upon to act as experts, highlighting procedures and potential pitfalls and developing a 'best practice' approach.

The discussion will be followed by a drinks reception, at which Sir Franklin Berman will officially launch Evidence before the International Court of Justice, which will be sold at a special launch discount at the event. Alternatively copies may be purchased by clicking here. For enquiries regarding this event please contact Anna Riddell

Produced by Jane Nicholson-Biss and Bart Kolerski
Edited by Orla Fee and Alexa van Sickle

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