ANNUAL REPORT

2009—2010

1

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

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 2

2009/10 Highlights

4th Biennial Conference of the European Society of International Law (ESIL 2010) The Centre’s highlight for 2010 was the 4th Biennial Conference of the European Society of International Law (ESIL). The three-day conference, held on 2-4 September 2010, welcomed 375 lawyers to Cambridge. Andrew Hurrell, Montague Burton Professor of International Relations at Oxford University gave the keynote speech and Judge Xue Hanqin (newly appointed Judge of the ICJ), Sir Daniel Bethlehem (recently knighted former Lauterpacht Centre Director) and Professor Jutta Brunnée commented on his address, which paved the way for a most successful event. The Centre’s gardens lent themselves perfectly to the evening drinks reception while our close neighbour Selwyn College hosted the formal dinner. We were extremely grateful to Cambridge University Press who sponsored the Evening Drinks reception and conference bags and to Oxford University Press for their sponsorship of the Friday Buffet lunch and conference lanyards. Recordings of both the opening and closing plenary sessions, along with selected papers will be made available on the conference website (www.esil.law.cam.ac.uk). The conference proceedings will be published by Hart Publishing, following the practice of previous ESIL conferences.

Cambridge Companion to International Law In February 2010, we had the pleasure of welcoming Professor Martti Koskenniemi back to Cambridge as the authors of the forthcoming Cambridge Companion to International Law, co- edited by Professors Koskenniemi and Crawford, gathered for a two-day workshop to present their respective chapters. The International Law PhD students also benefitted from Professor Koskenniemi’s visit as he kindly held a master class/seminar on 17-18 February, which proved a success among the 20 PhD students who attended.

Bohdan Winiarski Scholarships 2010 The Lauterpacht Centre has had the pleasure to welcome the 2010 Bohdan Winiarski’s scholars. The recipients of the 2010 scholarships were Ms Arletta Brzozowska (Polish Ministry of Foreign Affairs), Dr Bartłomiej Krzan (University of Wroclaw), and Dr Lukasz Kulaga (Polish Ministry of Foreign Affairs). 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.

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 3

Goodbye and Welcome!

September 2010 will be a turning point for the Lauterpacht Centre as Professor Crawford will be stepping down as Director of the Lauterpacht Centre. Professor Marc Weller, a long time supporter and friend of the Centre has been appointed, initially for a four year term, as the next Director of the Centre. We are confident that he will be an excellent and energetic guide of the Centre’s work, ensuring that the Lauterpacht Centre remains true to Sir Elihu’s vision of a Centre of excellence dedicated to the study and dissemination of international law.

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 both an understanding of international law and solutions to current problems;  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 programs 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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 Directorship of the Centre

Professor James Crawford, SC, FBA, LLD became Director of the Centre. On the retirement of Sir Elihu Lauterpacht in 1995, and served in that capacity until 2003 and again from 2006. He finally stepped down as Director of the Centre at the end of September 2010 and will be replaced by Professor Marc Weller. The Law of International Responsibility, co-edited with Alain Pellet and Simon

Olleson was published by OUP in July 2010.

Dr Roger O’Keefe has been Deputy Director of the Centre since 2003 and is a Senior Lecturer in Law at the University. He teaches international law, international criminal law and the law of armed conflict. His book, The Protection of Cultural Property in Armed Conflict, was published in the Cambridge Studies in International and Comparative Law series in December

2006. He recently served on the AU-EU Expert Group on Universal Jurisdiction.

Professor Sir Elihu Lauterpacht, CBE, QC, was Founder Director of the Centre from 1983 until his retirement in 1995. Now Emeritus Director, he remains closely involved in the work of the Centre and sits on the Management Committee. Eli’s professional work has included appointment as an ad hoc judge of the International Court of Justice and Presidency of the Eritrea- Ethiopia Boundary Commission, as well as the Chairmanship of a number of other arbitrations.

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Research Projects & Collaborations

BRCS/ICRC Customary International Humanitarian Law Update Project

In August 2010, Volume I and the newly updated Volume II were launched in the form of an online database. The database is offered free of charge to all interested users, such as government and military lawyers, NGOs and academics, and updated regularly. The August 2010 update contains practice from the United Nations and from international and mixed judicial and quasi-judicial bodies up until the end of 2007. Subsequent updates will also include material from national sources of practice, as well as practice from more recent years.

Following its launch in August, the British Red Cross and the ICRC presented the database to participants of the ESIL Conference, hosted by the Lauterpacht Centre at the Faculty of Law, University of Cambridge. The database is online at www.icrc.org/customary-ihl/.

Launch of the Law of International Responsibility This major work is the product of a lengthy collaboration between the Lauterpacht Centre and the Centre de droit international (CEDIN), Université de Paris Ouest-Nanterre La Défense. Edited by James Crawford, Alain Pellet and Simon Olleson, the English version has recently been published by Oxford University Press. Consisting of 104 chapters (1296 pages), it effectively covers the field of International Responsibility. The book was formally launched at the Centre by James Crawford and Professor Jean-Marc Thouvenin, Director of CEDIN on 23 June. The launch was followed by a BBQ in beautiful weather in the garden.

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Centre Library

The Centre’s library contains some 5,000 materials, including pleadings, journals, reports and monographs. Most of the library’s materials have been donated, but the Centre maintains subscriptions to core international law journals. Continued gifts of books include the library of the late Sir Derek Bowett.

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 from Trinity College the adjoining premises at No. 7 Cranmer Road (“Bahrain House”) which, following a major process of renovation in 2003 and subsequent alterations in 2008, now contains eight ensuite bedrooms, a large communal kitchen, laundry facilities, two offices (one shared and one individual), and a meeting room. Both development projects were made possible thanks to generous funding from our benefactors and in particular Mrs W T Finley Jr, Dr Earl Snyder, Trinity College, the King of Bahrain and the Government of Malaysia. The Centre is enormously grateful to them all.

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Centre Publications

In affiliation with Cambridge University Press, the Lauterpacht Centre prepares, edits and sponsors a wide range of publications in international law, including texts and law reports. Reports published by the Centre itself are managed by Karen Lee, the Centre’s Publications Director with assistance from Tara Grant as Publications Assistant.

The International Law Reports continue as the Centre’s major series, under the editorship of Sir Elihu Lauterpacht and Judge Sir Christopher Greenwood, with Karen Lee as Assistant Editor. The International Law Reports are published simultaneously in print and online (see www.cambridge.org/ilr and www.justis.com/ilr). Volumes 137 and 138 were published during the 2009-10 academic year.

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 14 was published in October 2009 and volume 15 was published in September 2010.

The Iran-US Claims Tribunal Reports series was initiated by the Centre with the co-operation of the Tribunal Secretariat to provide a permanent record of the decisions and awards of the Iran-US Claims Tribunal. Volume 38 (covering the period 2004-2009) was published in July 2010.

Cambridge Studies in International and Comparative Law is a broad-based 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. In addition to the publication of paperback editions of several existing titles, three new titles have been released in the last academic year:  Anthony Cullen, The Concept of Non-International Armed Conflict in International Humanitarian Law (No 66)  Jutta Brunnée and Stephen J. Toope, Legitimacy and Legality in International Law: (No 67)  Roland Portmann, Legal Personality in International Law (No 70) 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. There are currently 19 titles in the series, the latest being Ralph Zacklin's The United Nations Secretariat and the Use of Force in a Unipolar World: Power v. Principle, published by Cambridge University Press in February 2010.

Under an arrangement with Oxford University Press, the British Yearbook of International Law is edited from the Centre. James Crawford is Senior Editor and Sarah Nouwen, the Centre’s Mayer Brown Research Fellow was Assistant Editor for the forthcoming 2009 volume.

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Conferences & Meetings

The Centre is the venue for many meetings, formal and informal, from inside and outside the University.

In December 2009, Research Fellow Vuyelwa Kuuya, in partnership with First Africa Group hosted a conference on Corporate Complicity in Human Rights Violations. The conference reported the research outcomes from the LCIL/First Africa project and discussed many related themes including the relationship between international law and corporations, business and human rights, due diligence and the corporate responsibility to respect human rights.

In January 2010, the Lauterpacht Centre, in conjunction with the Foreign and Commonwealth Office Legal Adviser held an in-house seminar to discuss the Draft Articles on the Responsibility of International Organizations adopted on first reading by the Commission in 2009. The program followed the pattern of the very successful seminars held at the Centre during the second reading of the State Responsibility Articles. Despite the severe weather conditions that blighted England in the days leading to the seminar, the turnout was nonetheless very high, with ILC members, legal advisers and scholars braving the snow and subzero temperatures.

On 6 May 2010, the Lauterpacht Centre co-sponsored a transatlantic videoconference on the contemporary challenges for the application of the law of armed conflict in Afghanistan. Our co-sponsors were the United States Naval War College and the Lieber Society on the Law of Armed Conflict, an interest group of the American Society of International Law. The videoconference linked three nodes in the US – the Naval War College, the Pentagon and Fort Lewis, WA – with the node at Cambridge. Commander Chris Griggs (LLM, 2010) chaired the conference from Cambridge, with the able assistance of coordinators in each of the US nodes.

On 22 June, the Centre hosted the CISDL International Seminar: Legitimacy and Legality in International Law - An Interactional Account. Participants discussed how international law enables and constrains international politics with Professor John Toop giving the keynote address. The seminar was also meant to celebrate the release of Legitimacy and Legality in International Law: An Interactional Account written by Professor Jutta Brunnée, University of Toronto & Professor Stephen Toope, University of British Columbia.

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On 2-4 September 2010, the Lauterpacht Centre hosted the 4th Biennial Conference of the European Society of International Law. The three-day conference saw over 350 international law experts gather in Cambridge to appraise the performance and direction of international law and international institutions from the end of the cold war to 2010 and beyond. The conference theme of ‘International Law 1989-2010: A Performance Appraisal’ looked at how international law has evolved over the 20 years following the fall of the Berlin Wall and assessed the work of international lawyers over that period. To that effect, the conference was structured in two plenary sessions, twelve Agorae sessions, for which speakers were selected following a competitive call for papers (ca. 450 abstracts received) and of nine Fora sessions for which speakers had been invited. Andrew Hurrell, Montague Burton of International Relations, Oxford University gave the keynote speech and ‘kicked off the festivities’ of what will be remembered as one of the year’s highlights for all internationalists!

The Foreign & Commonwealth Office International Law Course was again hosted by the Centre in September 2010. The week-long intensive international law course was chaired by Dame Audrey Glover CMG and the majority of participants were FCO diplomats. Course presenters included a number of members of the Centre and, as in previous years, the participants were warm in their praise for the Centre and the Course.

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Centre Lectures

As usual the year’s lectures covered a wide range of topics. Friday lunchtime lectures included matters such as Piracy, the ICC, the Crime of Aggression, Climate Change and the Goldstone Report on the Gaza Conflict. Cambridge University Press kindly undertook sponsorship of the accompanying sandwiches and lectures were well attended throughout the academic year. The lecture programme for the year appears as Appendix III.

The Hersch Lauterpacht Memorial Lectures entitled ‘Regulating the Relationship between International and Domestic Law’ were delivered by Professor Malcolm Shaw (Sir Robert Jennings Professor of International Law, University of Leicester) on 2, 3 and 4 March 2010.

The Centre also hosted regular international law PhD Roundtable discussions, coordinated by Dr Michael Waibel. The list of roundtable sessions held during the 2009-10 academic year appears as Appendix IV.

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Visiting Fellows & Scholars

A total of 49 visiting fellows and scholars came to the Centre in the 2009-10 academic year. Visits ranged from a few weeks to a year. The additional facilities provided by Bahrain House meant that a significant number of the Centre’s visiting fellows stayed at the Centre's premises. The list of visiting fellows and scholars for the academic year appears as Appendix I.

Throughout the year visiting fellows and scholars held weekly closed sessions, presenting research and providing a forum for discussion and debate. (See Appendix II for a list of the 2010 presentations.)

In addition to their high levels of academic endeavour, the visiting fellows organised several informal social events throughout the year, including dinner parties and summer barbeques, contributing to the Centre’s lively atmosphere.

The 2009-10 Snyder Visiting Scholarship was awarded to John Hursh of the Indiana University School of Law. During his fellowship at the Centre, John will work on his research project Shouldering the Blame: Reconsidering Individual Criminal Responsibility in International Criminal Law. We are pleased to be welcoming yet another Snyder Scholar at the Centre and to further nurture our relationship with the Indiana University School of Law.

The Brandon Research Fellowship is funded by the generous gift of Mr Michael Brandon MA, LLB, LLM (Cantab.), LLB (Yale), Member of the English Bar (1952) and a Fellow of the Chartered Institute of Arbitrators (1992). It is intended to cover a stay of at least 8 weeks at the Lauterpacht Centre. The Fellowship will be awarded on an annual basis: depending on the strength of the field, two awards may be made. The first Fellowship for 2010 was awarded to Dr Annalisa Ciampi.

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 12

Centre Staff

Centre Administrator

Anita Rutherford took over as Centre Administrator in September 2006, having worked previously at the University’s Medical School. As Centre Administrator, Anita is one of the Centre’s first points of contact for enquiries.

Centre Receptionist

Karen Fachechi joined the Centre in November 2008. After having spent a number of years working for HM revenues and customs, Karen runs the front office and is the first point of contact for visitors and callers to the Centre.

Administrative Assistant and Personal Assistant to Professor Crawford (Temporary)

Jean-Baptiste Fourcade joined the Centre in October 2009 on a short term contract to assist with the organisation of the ESIL 2010 conference and as Personal Assistant to Professor James Crawford.

Publications Director

Karen Lee has been Publications Director at the Centre since 2002 and is a Fellow of the Centre and of Girton College. As well as being responsible for the editorial management of the Centre's publications, she is assistant editor of the International Law Reports, co-editor of the ICSID Reports and editor of the Iran-US Claims Tribunal Reports.

Publications Assistant

Tara Grant works closely with Karen Lee on the Centre's publications. She has a BA in publishing and information and gained her postgraduate diploma in law (CPE) whilst working for law firms in both London and Cambridge. Tara is also responsible for the day-to-day running of the Centre's Library and website.

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Fellows & Resident 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 Anthony Cullen is a Researcher on the joint British Red Cross/International Committee of the Red Cross (ICRC) project to update the ICRC’s Study on Customary International Humanitarian Law. Prior to joining the project, he completed his doctoral dissertation on the concept of non-international armed conflict in international humanitarian law at the Irish Centre for Human Rights, National University of Ireland, Galway. His book The Concept of Non-International Armed

Conflict in International Humanitarian Law was published by CUP in April 2010.

Dr Joanna Gomula is a Fellow of the Centre, working in the field of WTO law. She continues to be associated with Queen Mary College, University of London, where she teaches international economic law and WTO dispute settlement. She has also 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).

Dr Thomas Grant is a Senior Research Associate at the Centre. He supervises in international law at both Tripos and graduate level for the Centre of International Studies. His research interests include the application of human rights and humanitarian law to internal armed conflict; criteria for membership of States in international organizations; and international dispute settlement.

Dr Jessie Hohmann is a Research Fellow of the Centre, having joined in September 2009 as British Academy Postdoctoral Fellow. Her research focuses on human rights and the normative limits of international law. Prior to joining the Centre, Jesse completed her PhD on ‘The Right to Housing: Theoretical and Practical Possibilities’ at Cambridge, and holds an LLM from the University of Sydney, an LLB from Osgoode Hall (York University) and a BA from the University of Guelph. Prior to commencing her PhD in Cambridge, she lectured in Constitutional Law at Macquarie University.

Ms Vuyelwa Kuuya was a Research Fellow of the Lauterpacht Centre until July 2010. She was the main researcher on the joint First Africa (Pty) Ltd/Lauterpacht Centre Project on Corporate Complicity which came to an end in March 2010. She is a graduate of the University of Cape Town (LLB) and University College London (LLM). Her research interests also include the justiciability and privatisation of the provision of socio-economic rights, indigenous rights in natural resource extraction, international sustainable development law, international counter-terrorism law and alternative dispute resolution.

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 edits a number of the Centre’s law reports.

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Ms Juliette McIntyre joined the Centre in February 2010, having previously worked in Australia as a Barrister and Associate to the Chief Justice of the Supreme Court of South Australia. She will be Research Associate to Prof James Crawford until September 2011, when she hopes to take up the Cambridge LLM.

Ms Iris Müller is a Researcher on the joint British Red Cross/International Committee of the Red Cross (ICRC) project to update the practice part of the ICRC’s Study on Customary International Humanitarian Law. She holds a law degree from the University of Heidelberg (First State Examination) and an LLM in International Humanitarian Law (IHL) from the University of Geneva. She completed her judicial preparatory service in the state of Baden-Württemberg, Germany (Second State Examination). Iris is also undertaking PhD research on the development of the legal distinction between international and non-international armed conflicts.

Mr Aleksi Pursinainen was a Senior Research Fellow at the Lauterpacht Centre for International Law and former team leader of the joint British Red Cross/International Committee of the Red Cross (ICRC) project to update the ICRC’s Study on Customary International Humanitarian Law. Before joining the project, Mr Pursiainen worked for the Finnish Ministry for Foreign Affairs, as a visiting lecturer in international humanitarian law and in private law practice. Aleksi left the Centre in September 2010

to work as legal adviser for the Finnish Foreign Ministry.

Ms Penelope Nevill was a Fellow of the Centre and a Law Fellow of Downing College in the University of Cambridge until September 2010 when she embarked on a career as a barrister following her pupillage at 20 Essex Street. Before moving to Downing she was a Research Fellow at the Centre (2003-2005). She is a graduate of the Universities of Auckland (BA, LLB) and Cambridge (LL.M) and a Barrister and Solicitor of the High Court of New Zealand.

Dr Sarah Nouwen joined the Centre in October 2009 as the new Mayer Brown Research Fellow in International Law, a fellowship held jointly at the Centre and at Pembroke College. Her research interest focuses primarily in international criminal law. Before joining the Centre, Sarah completed her PhD at Cambridge on the principle of complementarity established in the Rome Statute, where she explored how and why the principle has had a catalyzing effect on the legal systems of Uganda and Sudan. She previously worked for the Netherlands Ministry for Foreign Affairs in New York, The Hague and Sudan, for a law firm in Rotterdam and Paris and for an NGO in Senegal. She obtained an LLM in Utrecht and Cape Town and an MPhil in International Relations at Cambridge.

Dr Guglielmo Verdirame is a lecturer in International Law at the University of Cambridge and a Fellow of the Centre. He is co-author of Rights in Exile (2005) and writes on various aspects of international law, including human rights, international economic law, use of force and non-proliferation, and international criminal law. He has taught Foundations of International Law, International Human Rights Law and International Economic Law on the LLM and undergraduate International Law courses.

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. He holds a Mag. iur and Dr. iur degrees from the University of Vienna, an MSc (Econ.) from the LSE and an LLM from Harvard. In 2008 he won the Deak price for his AJIL article on sovereign bonds and international arbitration.

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Senior & Honorary Fellows

Senior Fellowship of the Centre was officially recognized 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:

 Lord Michael Mustill

 Major General (Ret’d) Tony Rogers OBE

 Mr Jan Paulsson

 Sir Michael Wood KCMG QC

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:

 Professor Sir Derek Bowett CBE QC FBA (†)  HE President Hisashi Owada

 Mrs William T Finley Jr  HE Judge Stephen M Schwebel

 HE Judge Sir Christopher Greenwood CMG QC  Dr Earl Snyder (†)

 HE President Dame Rosalyn Higgins QC  Mr Edward St George (†)

Management Committee

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

 Professor John Spencer (Chair)  Dr Lorand Bartels  Professor James Crawford  Professor David Ibbetson  Professor Sir Elihu Lauterpacht  Ms Penelope Nevill  Dr Roger O’Keefe  Dr Guglielmo Verdirame  Professor Marc Weller

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 16

Friends and Supporters of the Centre

The Lauterpacht Centre was delighted to receive an anonymous gift of $15,000 to support lecture programmes held at 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

 Judge Charles N. Brower  Dr Andres Rigo Sureda

 Professor James Crawford SC FBA  Professor Christoph Schreuer

 Judge Sir Christopher Greenwood CMG QC  Sir Michael Wood KCMG 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/).

Professor James Crawford SC FBA Director

30 September 2010

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 Fellows/Scholars 1 October 2009 – 30 September 2010

Visiting Fellow/Scholar Place of Origin / Institution Period of Stay Research Topic Dr Ali Abrishami Columbia University, USA 12 Jan – 12 Feb 2010 International investment law and arbitration

Mr Umberto Aleotti University of Naples, Italy 28 Nov - 23 Dec 2009 The legal protection to the right to property before the Inter-American Court of Human Rights Dr Neil Boister University of Canterbury, 15 Oct - 8 Nov 2009 Transnational criminal law New Zealand Dr Fiammetta Borgia University of Rome, Italy September 2010 The impact of the global warming on the Arctic Ocean regime in international law Judge Charles N Brower 12 Jul - 31 July 2010

Ms Arletta Brzozowska Ministry of Foreign Affairs, Poland 5 Jul – 13 Aug 2010 Space law Bohdan Winiarski Scholar Dr Hsu Hua Chou National Taipei College of Business, 4 June – 15 July 2010 Institutionalising aid for trade under the WTO regime: Taiwan roles and impacts of the EU Dr Marcin Czepelak University of Krakow, Poland 10 June – 10 Sept 2010 Bohdan Winiarski Scholar Ms Cindy Daase Freie Universität Berlin, Germany 1 June – 23 Dec 2010 Peace agreements between State and non-State parties

Mr Angelos Dimopoulos European University Institute, Italy 5 Oct – 30 Nov 2009 International investment law and EU external relations law

Professor Alison Duxbury University of Melbourne, Australia 14 - 30 June 2010 International human rights law and military justice

Mr Rolf Einar Fife Ministry of Foreign Affairs, Norway 1 Oct 09 – 30 Jun 2010 Interpretation of treaties; history of law

Professor Peter Fitzgerald Stetson University, USA 4 Sept – 23 Dec 2010 International issues in animal law

Ms Alice Gadler University of Trento, Italy 26 July – 10 Dec 2010 Humanitarian assistance to civilians in armed conflicts: assessing the current state of international law Dr Christophe Germann Geneva, Switzerland 15 Sept 09 - 13 Aug 2010 Cultural genocide in international law

Appendix I Visiting Fellows/Scholars 1 October 2009 – 30 September 2010

Visiting Fellow/Scholar Place of Origin / Institution Period of Stay Research Topic Mr Jonathan Henriques Indiana University, USA Sept – Dec 2009 Snyder Scholar Dr Hannes Hofmeister European University Institute, Italy Feb – Dec 2009 To harbour or not to harbour: under what circumstances can military force be used against uncooperative ‘host’ states Apr 2010 Mr John Hursh Indiana University, USA Sep – Dec 2010 Snyder Scholar Professor Gastón Isoardi Universidad del Sur, Argentina 9 - 31 August 2010 Standards of treatment in international investment law

Professor Sarah Joseph Monash University, Australia 1 Sept 09 - 15 Dec 2009 Human rights and international investment law Herbert Smith Visitor Dr Marcin Kaldunski Nicholaus Copernicus University, Poland 2 Aug – 14 Sep 2010 The concept of legitimate expectation in international investment law

Mr Carsten Kern University of Heidelberg, Germany Oct-Nov 2009, Good faith in international dispute resolution 16-30 Jan 2010, and 3 - 19 March 2010 Dr Claus Kress Koln University, Germany 1 March - 30 Sept 2010 International security law

Dr Bartłomiej Krzan University of Wroclaw, Poland 6 April - 31 May 2010 Allocation of responsibility between the International organisations and the Bohdan Winiarski Scholar member States Mr Lukasz Kulaga Ministry of Foreign Affairs, Warsaw, 30 August – 10 Oct 2010 Non-contingent standards in international investment law Bohdan Winiarski Scholar Poland Mr Andreas Kulick New York University, USA 29 Mar – 30 May 2010 International investment law: developing a theory to argue for international legal obligations regarding international environment law, international human rights and corruption Dr Jon-Mirena Landa University of the Basque Country, Spain 5 Jul – 31 Aug 2010 Terrorism and crimes against humanity: interferences and differences within international criminal law Ms Christine Larssen Université Libre de Bruxelles, Belgium 1 Oct 09 – 30 Sep 2010 La démocratisation de la décision publique environnementale

Appendix I Visiting Fellows/Scholars 1 October 2009 – 30 September 2010

Visiting Fellow/Scholar Place of Origin / Institution Period of Stay Research Topic Mr José Carballo Leyda University of Valencia, Spain 3 Nov 2008 – 31 Oct 2009 International accountability of states and international organizations for drastic commercial law reform in Iraq and Kosovo Dr Rianne Letschert Tilburg University, The Netherlands 1 Apr – 31 Jul 2010 International law and victimology

Dr Chun Hung Lin Feng Chia University, Taiwan 1 July - 31 Dec 2009 Transnational legal problems of sharing radio spectrum in Maritime Telecommunications Service. Mr Michael Maloney Plainville, USA 2 - 18 Feb 2010 International arbitration: a tool for mitigating the adverse impact of anti dumping sanctions Ms Iryna Marchuk University of Copenhagen, Denmark 15 Sep 09 – 15 Feb 2010 International criminal law

Mr Ben Milligan University of Wollongong, Australia 8 Jun 09 – 13 May 2010 Legal implications of international co-operation regarding maritime law enforcement Ms Kate Miles University of Sydney, Australia 20 July- 20 Dec 2010 International investment law and non-investment issues: engaging with cross-cutting fields Ms Cailin Morrison Osgoode Hall Law School, Canada 25 Feb – 26 March 2010 Member States’ negotiations in the WTO TRIPS Council during 2001-2003

Prof Nadia Nedzel Southern University Law Centre, USA 1 Jun – 31 Aug 2010 The rule of law: why it works in some places and not others

Mr Michael Ramsden and The Chinese University of Hong Kong July 2010 Joint criminal enterprise / victim participation at the Extraordinary Mr Luke Marsh Chambers of the Courts of Cambodia Ms Clara Reiner University of Vienna, Austria March 2010 An analysis of jurisdictional issues in international investment law, focusing on the ratione personae criteria Professor Lino Rizzi Bocconi University, Italy 2 Nov – 23 Dec 2009 The international obligation to fulfil human rights

Ms Emanuelle Saada University of Geneva 1 April – 31 May 2010 Regime interaction and the conflict of norms

Professor Akio Shimizu Waseda University, Japan 29 Mar 10 – 28 Feb 2011 WTO dispute settlement activities since 1995

Mr Roberto Soprano University of Salerno, Italy November 2009 WTO trade remedies

Appendix I Visiting Fellows/Scholars 1 October 2009 – 30 September 2010

Visiting Fellow/Scholar Place of Origin / Institution Period of Stay Research Topic Mr Jinyuan Su Silk Road Institute, PRC 1 Oct 2009 – 30 Jun 2010 Between common heritage and common concern of mankind: towards a guiding principle for the global commons Mr Godofredo Torreblanca Cárdenas Université de Gèneve, Switzerland 6 April – 2 Jul 2010 The relationship between the law of military occupation and other branches of contemporary international law: The effect of military occupation upon the law of the treaties. Mr Jamie Trinidad Gibraltar 25 Jan – 1 Apr 2010 & 10 Self-determination and the ‘colonial enclaves’ doctrine May-31 Aug 2010 Ms Astrid Wiik University of Heidelberg, Germany 26 Mar – 31 May 2010 The amicus curiae before international courts and tribunals, in particular the effect of amicus curiae participation on international procedural law Mr Martin Zobl University of Zurich, Switzerland 15 Sep – 30 Oct 2010 The democratic legitimisation of international law

Appendix II Visiting Fellows / Scholars Presentations 2009-10 Visiting Fellows / Scholars 1 October 2009 – 30 September 2010 The 2009-10 Visiting Fellow and Scholar presentations included:

Christophe Germann Cultural Genocide, a challenge for international law; and the Cindy Daase The distribution of natural and intangible resources by protection and promotion of “human diversity”: internationalised peace agreements between State and non- Does culture matter? State parties Lino Rizzi The obligation to protect and the new Human Rights Council The Liberia Governance and Economic Management Assistance Program (GEMAP) as a new form of economic Chun Lin Transnational legal problems of sharing radio spectrum in governance in a post-conflict situation maritime telecommunications service Christophe Germann Study on the implementation of the 2005 UNESCO Vuyelwa Kuuya Business and human rights: from corporate responsibility to Convention on the Protection and Promotion of the Diversity corporate accountability of Cultural Expressions Iryna Marchuk A quest for the integrated concept of mens rea in Rianne Letschert Developing victimological approaches to international crimes international criminal law: bringing to justice “big fish Claus Kress The Kampala Compromise of Aggression Nadia Nedzel The common law, the civil law and the rule of law

Term Lecture Programme Appendix III 1 October 2009 – 30 September 2010

Date Speaker Lecture Title 9 October Dr Douglas Guilfoyle Piracy off Somalia: From Military Solutions to Law Enforcement Cooperation University College London 16 October Mr Zachary Douglas Stating the Law of Investment Arbitration: A Quixotic Entreprise? Jesus College, University of Cambridge 23 October Professor Sarah Joseph The United Nations Human Rights Council: A Three-Year Report Card Director, Castan Centre for Human Rights Law, Monash University 30 October Professor Ilias Bantekas Intergovernmental Trusts in International Law Associate Director, Centre for International and Public Law, Brunel University 6 November Mr Rolf Einar Fife Reviewing the Statute of the International Criminal Court: Prospects for the Review Director General, Legal Affairs Department, Ministry of Foreign Conference Affairs, Norway 13 November Professor Yves Daudet The Special Tribunal for Lebanon Secretary General, Hague Academy of International Law 20 November Dr Ben Saul Is there now a Public International Law of Terrorism? Director, Sydney Centre for International Law, University of Sydney 27 November Professor Surya Sudebi OBE The UN Human Rights Mandate in Cambodia: the Challenges of a Country in Transition UN HRC Special Rapporteur on Cambodia 4 December Dr Arnulf Becker Lorca “Peripheral” International Lawyers, 1900-1950: Alvarez and others King’s College London 22 January Mr Ben Batros The Evolving Law of the ICC – Challenges of shifting from Theory to Practice Appeals Counsel, International Criminal Court 29 January Professor Christine Chinkin The UN Fact-Finding Mission on the Gaza Conflict London School of Economics 5 February Professor Christian Tams Barcelona Tractions: 40 Years After University of Glasgow 12 February Professor Sandeep Gopalan International Law and the Agency Problem: insights from Economic Theory National University of Ireland, Maynooth 19 February Dr Jessie Hohmann Evaluating the Right to Housing British Academy Research Fellow, Lauterpacht Centre

Term Lecture Programme Appendix III 1 October 2009 – 30 September 2010

Date Speaker Lecture Title 26 February Mr Jesse Clarke Negotiating the UN Arms Trade Treaty: Law and Policy Assistant Legal Adviser, UK Foreign & Commonwealth Office 5 March Professor Malcolm Shaw QC Regulating the Relationship between International and Domestic Law: Discussion on the Sir Robert Jennings Professor of International Law Hersch Lauterpacht Memorial Lectures 12 March Professor Claus Kress The Immediate Future of the Crime of Aggression University of Cologne 30 April Ms Aurora Mateos Climate Change at Copenhagen Consultant on Climate Change and Law of the Sea 7 May Mr Joshua Brien The Determination of Outer Continental Shelf under Annex 2 of UNCLOS Legal Adviser, Special Advisory Services Division, Commonwealth Secretariat 14 May Mr Daniel Taub Kosovo’s Declaration of Independence and the International Court of Justice Advisory Principal Deputy Legal Adviser, Israeli Ministry of Foreign Affairs Opinion 9 July Professor Claus Kress The Kampala Compromise on the Crime of Aggression University of Cologne

International Law PhD Roundtables Appendix IV 1 October 2009 – 30 September 2010

Date PhD Candidate Presentation

5 November Robin McCaig Cruising in Uncharted Waters? The Legal Status of Submarine Warfare in the Era of the First Clare College World War 25 November Francesco Messineo ‘The Day I was Beaten by the United Nations' : Attribution of Conduct under International King’s College Law 2 December Riddhi Dasgupta How Determinative Should the Non-Discrimination Principle be in Investment Expropriation Law Disputes? A NAFTA and ECHR Case Study 22 February Saar Pauker Substance" and "Procedure" in Investment Treaty Arbitration Downing College 7 June Eva Nanopoulos Secret Evidence before Courts: a European Law Perspective Wolfson College