Annual Report 2011 Prelims 14/6/12 11:29 am Page i

ANNUAL REPORT 2011

www.biicl.org Annual Report 2011 Prelims 14/6/12 11:29 am Page ii

The British Institute of International and Comparative Law Charles Clore House 17 Russell Square London WC1B 5JP Telephone: +44 (0)20 7862 5151 Fax: +44 (0)20 7862 5152 Annual Report 2011 Prelims 14/6/12 11:29 am Page iii

Contents

GOVERNANCE v

ADVISORY COUNCIL vi

INSTITUTE STAFF vii

INTERNATIONAL AND COMPARATIVE LAW QUARTERLY BOARD OF EDITORS x

DIRECTOR’S ANNUAL REPORT 2011 1

REPORT BY THE CHAIR OF THE BOARD OF TRUSTEES 3

SOME IMPACTS OF BIICL RESEARCH IN 2011 5

BIICL RESEARCH STAFF PROFILES 8

BINGHAM CENTRE FOR THE RULE OF LAW 20

INSTITUTE FORUMS Competition Law Forum 24 Investment Treaty Forum 28 Product Liability Forum 34

RESEARCH PROJECTS Armed Conflicts, Peacekeeping, Transitional Justice: Law as Solution (ATLAS) 38 Training and Research on Treaty Law and Practice 39 Comparative Study on Sensitive Information in Civil Proceedings 40 European Contract Law Briefing Notes 40 Climate Change and its Impact on Security and Survival 41 Collective Redress Web Resources 42 Conflict of Laws Rules on Assignment and Subrogation— Article 14 Rome I Regulation 43 Human Rights and Pre-Trial Procedures: Requirements for Police and Prison Authorities 44 Human Rights Responsibilities in Oil and Gas Operations: Applying the UN Guiding Principles 45 Iraqi Government Lawyers Investment Law Training 46

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Reparation for Education-Related Violations of International Law 47 International Law and Education in Situations of Insecurity and Conflict 48

PUBLICATIONS 49

CONFERENCES, LECTURES, SEMINARS AND OTHER EVENTS 51

INSTITUTE DEVELOPMENT 53

FINANCIAL STATEMENTS 57

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Governance

President of the Institute Dame Rosalyn Higgins DBE QC

Vice-Presidents of the Institute The Rt Hon Lord Collins of Mapesbury The Rt Hon Sir David Edward KCMG QC Sir Christopher Greenwood CMG QC

Board of Trustees

Chairman of the Board of Trustees Sir Franklin Berman KCMG QC (from September 2011) Alexander Layton QC (until September 2011)

Trustees Clare Algar Mr Justice William Blair Gary B Born Susan Bright Lord Justice Stanley Burnton (from September 2011) Michael Hutchings OBE (until September 2011) Ian Hobbs FCA, CEDR Acc Professor Sir Francis Jacobs KCMG, QC Adam Johnson Professor Rosa Lastra (from September 2011) Paul Lomas Professor Dawn Oliver (from September 2011) Timothy Otty QC (from September 2011) Martin Paisner CBE (until September 2011) Lord Justice Bernard Rix (until September 2011) Keith Ruddock Professor Malcolm Shaw QC Mr Justice Rabinder Singh (from September 2011) Professor Stephen Weatherill Dame Juliet Wheldon DCB QC

Advisors to the Board of Trustees Lady Justice Mary Arden DBE Martin Paisner CBE (from September 2011)

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Advisory Council

Dapo Akande Judge David Anderson CMG Sir Christopher Bellamy QC Sir Daniel Bethlehem KCMG QC Professor Alan Boyle The Hon Sir Nicolas Bratza The Rt Hon Lord Justice Carnwath CVO Victoria Cochrane Tim Cowen The Hon Mr Justice Cranston Professor James Crawford SC FBA Clare Dyer Professor Piet Eeckhout Professor Malcolm Evans CBE Helen Fletcher Rogers Lady Fox CMG QC Dr David Freestone Professor Sir Roy Goode CBE LLD FBA QC The Rt Hon Baroness Hale of Richmond Professor Jonathan Harris The Rt Hon Lord Hoffmann PC The Rt Hon Lord Hope of Craighead Alan Jenkins Judge Koen Lenaerts Sir Elihu Lauterpacht CBE QC Mr Justice Lloyd Jones John Louth The Rt Hon Chief Justice Beverley McLachlin The Rt Hon Lord Mance HE Judge Thomas Mensah The Rt Hon Lord Neill of Bladen QC Sir Peter North CBE DCL FBA QC The Rt Hon Lord Phillips of Worth Matravers The Rt Hon Lord Justice Richards Professor Jonathan Rickford CBE Joshua Rozenberg The Rt Hon Sir Konrad Schiemann The Rt Hon Lord Justice Sedley Advocate-General Eleanor Sharpston QC Judge Bruno Simma Judge Christiaan Timmermans Andrew Trollope QC Stephen Walzer

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Institute Staff

Professor Robert McCorquodale Director of the Institute Professor Sir Jeffrey Jowell KCMG QC Director of the Bingham Centre for the Rule of Law

Jill Barrett Dorset Senior Research Fellow in Public International Law Dr Jonathan Bonnitcha Research Fellow in Business and Human Rights (from July 2011) N Jansen Calamita Senior Research Fellow in International Investment and Trade Law, Director of the Investment Treaty Forum Diane Denny Development Director Rosie Dickinson Development Administrator and Reception (from April 2011) Katherine Eden-Haig Marketing and Events Manager (maternity cover from July 2011) Dr Duncan Fairgrieve Senior Research Fellow in Comparative Law, Director of the Product Liability Forum Michael Hall Database Manager Kristin Hausler Research Fellow in Public International Law Sandra Homewood Executive Assistant to the Institute and Bingham Centre Administrator Bart Kolerski IT Support Hayk Kupelyants Research Fellow in Private International Law (from June 2011) Dr Eva Lein Herbert Smith Senior Research Fellow in Private International Law

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Faria Medjouba Research Fellow on the ATLAS Project Dr Philip Marsden Senior Research Fellow in Competition Law, Director of the Competition Law Forum Jane Nicholson-Biss Marketing and Events Manager Liz Osborne Publications Coordinator (from July 2011) Geoffrey Sautner General Manager Darryl Seaman Director of Finance Jayantha Sivanathan Finance Officer Justine Stefanelli Maurice Wohl Research Fellow in European Law Nicole Urban Research Fellow in International Humanitarian Law (from August 2011) Alexa van Sickle Publications Coordinator (until June 2011) Danielle Wright Events Coordinator

Bingham Centre Fellows

Jonathan Cooper Director of Training and Education (part-time) Professor Adam Tomkins Tom Hickman Michael Fordham QC Naina Patel

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Visiting Fellows

Prof Margot Horspool Marco Rizzi Jane Welch Montserrat Abad Castelos Joseph Perkovich Dr Armin Kammel Dr Robert Schuetze Eunyoung Kim Oliver Jones Dr Conor McCarthy Dr Ali Abrishami Ben Milligan Stefano Cherti Dr Heli Askola Paul Barnett Dr Marta Requejo Dr George Barker Sahib Singh Alex Bates Dr Santiago Alvarez-Gonzalez Tim Cowen Prof Matthias Lehmann Andrew Dickinson Dr Justyna Bazylin´ska Dr Ferdinando Franceschelli Annabel Lee Raphael Heffron Prof Franco Silvano Toni di Cigoli Hugh Hollman Prof Jane Stapleton Vincent Smith Chulsoo Kim Thiago Lins Daesoo Son Sunil Rao Jeremy Gauntlett SC Dr Barbara Woodward Frank Pelser Prof Beatriz Campuzano Diaz Prof Anton Cooray

Interns

Bahar Hatami Alamdari Kati Kaarlehto Rhonson Salim Natalya Barylko Stephanie Law Victoria Sementsova Anna Blachura Nadia Syed Sarah Sheppard Sam Bright Annabel Lee Kirsten Sjovoll Clara Cesar Polly Wen-Hui Lee Linda Strazdina Dodo Chochitaichvili Felix-Anselm van Lier Olivia Wybraniec Alexis Cooke Oliver Linch Elena Mirela Ursache Camille Dropsy Giovanna Lojacono Lina Vitolo Jasmine Fisher Caroline Mair Ruth Wainwright Rebecca Francis Veronika Minkova Daniel Wand Mathilde Groppo Hemeeni Mistry Camilla Wee Jenny Hartmann Sophie Pattison Charlotte Yan Willa Huang Cristina-Raluca Racota Charles Yu Louise Hubert Catalina Rojas Maria Zaveta

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International and Comparative Law Quarterly Board of Editors

General Editors Professor Catherine Redgwell, University College London Professor Robert McCorquodale, Institute Director

Board of Editors Professor Malcolm Evans, University of Bristol Christine Chinkin, London School of Economics Professor James Fawcett, University of Nottingham Professor Christine Gray, University of Cambridge Professor Paula Giliker, University of Bristol Professor Jo Shaw, University of Edinburgh

Assistant Editor Liz Osborne

Editors of Current Developments Sections Public International Law Professor Dominic McGoldrick, University of Liverpool Dr Sarah Williams, University of New South Wales

European Union Law Professor Joe McMahon, University of Dublin

Decisions of International Courts and Tribunals Professor Craig Barker, University of Sussex

Private International Law Professor Peter McEleavy, University of Dundee

Book Review Editors Professor Francesco Giglio, University of Manchester Dr Andrew Lang, London School of Economics Therese O’Donnell, University of Strathclyde

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Director’s Annual Report 2011

2011 was a momentous year in international events, with the Arab Spring leading to changes of government, financial turmoil in European economies and the creation of a new State (of South Sudan), being just some events that had global impacts. International and comparative legal issues were relevant to these events and the Institute responded with interesting and engaging seminars and discussions. At the same time, the Institute worked on a range of matters that were not always at the fore- front of the media but which have deep impact on the daily lives of people, companies, governments and organisations. These included research on education-related violations in insecurity and conflicts, events on changes to competition law processes, investigations into comparative collective redress measures, reports on security measures, and studies on harmon- isation of private international law. We also celebrated 60 years of the International and Comparative Law Quarterly. These, and other activities, are dealt with throughout this Report. Indeed, 2011 was a very good year for the Institute in terms of the vari- ety and breadth of its research, events and publications, and its outreach to the public. We also maintained our positive financial position, which is very commendable in a continuing tough global financial situation. This is a credit to our hardworking staff, and to those who have donated gener- ously to the work of the Institute, sponsored our events and funded our research. It has also enabled the work of the Bingham Centre for the Rule of Law, led by its Director, Professor Sir Jeffrey Jowell, to continue to expand and to meet some of the increasing and visi- ble demands about the rule of law, as well as the fund- ing of the new Arthur Watts Senior Research Fellow in Public International Law. In terms of staff and governance of the Institute, there were exciting devel- opments in 2011. We were honoured that Dame Rosalyn Higgins, with a Professor Robert McCorquodale at the Bingham superb record as a leading Centre Donor Event

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scholar and international judge, became our President, with Lord (Laurence) Collins and Sir Christopher Greenwood joining Sir David Edward as Vice-Presidents. Sir Franklin Berman QC succeeded Alexander Layton QC as Chair of the Board of Trustees, and we thank Alex for all his devoted work to make the Institute a much better governed body. We have had some new Trustees, being Lord Justice Stanley Burnton, Prof Rosa Lastra, Prof Dawn Oliver, Timothy Otty QC and Mr Justice Rabinder Singh, and Martin Paisner became an Adviser to the Board. We give sincere thanks to Michael Hutchings, Alexander Layton and Lord Justice Bernard Rix for all that they contributed to the Board of Trustees for many years. We also appointed outstanding Research Fellows and administrative staff during the year. The Institute continues to do exceedingly well in all its activities despite the difficult economic context, while the interest in international and comparative issues grows. I am proud to be its Director and I greatly appreciate all the support of its many members, participants, funders and others who recognise the real need for the Institute, as an independent applied research body, in these times.

Professor Robert McCorquodale Institute Director

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Report by the Chair of The Board of Trustees

This is my first opportunity to introduce the Institute’s Annual Report, a particularly pleasant task for any Chairman of Trustees because of the stimulus it provides to review the Institute’s activities in the round. Robert McCorquodale, our highly esteemed Director, remarks in his Annual Report that 2011 was a momentous year internationally. But I think we may say much the same for this year and last year in the life of the Institute as it moves into its second half-century, except that, where the world has experienced waves of emergency and disaster, the Institute has chalked up a series of successes and achievements. First amongst them is the Bingham Centre for the Rule of Law, the launch of which was reported last year, but which, in a very short space of time since then, has established itself—in exactly the way that had been hoped—as unique in the world, and immediately a leading player in this increasingly important field. Hand in hand with that has come the very gratifying award of a knighthood to its founding direc- tor, Jeffrey Jowell, marking his personal distinction in this area, and heartening progress, on the basis of widespread generosity from within the legal sector, towards the achievement of the first phase of the Appeal for the Bingham Centre—which in turn led to the unaccustomed nomination Sir Franklin Berman at the for a fundraising award to the Institute itself! Bingham Centre Donor Event We can also celebrate the completion of the first phase of the Institute’s other appeal, to found the Arthur Watts Senior Fellowship in Public International Law, and the appointment from January 2012 as first Watts Fellow of Jill Barrett, herself a former colleague of Sir Arthur’s in the Foreign & Commonwealth Office, as well as the establishment of what we hope will be fruitful collaborative arrangements with the Melbourne University Law School and the Centre for International Law in Singapore. Much of this is due to an exceptionally munificent personal gift by Allan Myers OA QC to whom the Institute is deeply grateful. Both campaigns will continue.

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I express my particular appreciation to my fellow Trustees (including those whose terms came to an end) for their collegial support since I took over my functions in the course of the year, and above all to my prede- cessor as Chairman, Alex Layton QC, whose tirelessly energetic tenure of the chairmanship steered the Institute safely around numerous rocks and reefs, leaving its external standing and internal organization in very good shape as I took over. The financial climate is, to say the least, challeng- ing, but the Institute has been able to budget for a modest running surplus, with some confidence on the basis of recent past experience of keeping to that forecast in the actual outturn. I’ve been struck, in my short time as chairman, by how deeply depen- dent the Institute is for its reputation and success on its staff and on its members. On its staff, for the quality of their intellectual output and their contribution to an important segment of our public life, and on its members, whose enthusiastic engagement in the Institute’s activities and longer-term projects is every bit as vital as their financial contribution to its resources. The mix of our members, from undergraduate students to the most senior judges, national and international, is quite different from any other organization I’m aware of in this country, and is a source of enor- mous strength. My fellow Trustees and I are very impressed by the spirit and atmosphere we sense amongst our talented research staff and their administrative colleagues (itself a tribute to the current state of the inter- nal management), and we hope that the same both communicates itself to our members and draws on their response.

Sir Franklin Berman KCMG QC Chairman of the Board of Trustees

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Some Impacts of BIICL Research in 2011

International Engagement

Institute Director Robert McCorquodale gave a week- long series of lectures at the Xiamen Academy of International Law in Xiamen, China on “Non-State Actors in International Law”, helping to educate Chinese students and scholars (see photo left). N Jansen Calamita, as part of his work with the Investment Treaty Forum, provided a training forum for African Government Lawyers in London in October 2011. The Forum partnered with African International Legal Awareness (AILA) to provide an inten- sive program on the subject of international investment law. Over twenty government lawyers from Egypt, Gambia, Ghana, Liberia, South Africa and Uganda participated in the programme, increasing the capacity and expertise of government lawyers in six different African states. The Investment Treaty Forum has also had high level consultations with government ministers in both Armenia and Iraq. In July a week-long series of consultations with Representatives of the Iraqi Government was organized with the support of the US Department of Commerce and in coordination with the International Centre for the Settlement of Investment Disputes. The twelve representatives included members of the Iraq State Council, Iraqi National Oil Company, and Iraqi Ministry of Foreign Affairs, and the meetings helped to influence decision-makers in the Iraqi Government with respect to Iraq’s international treaty obligations and negotiating position. In September the Investment Treaty Forum partnered GPartners of Yerevan, Armenia, to provide international perspective on Armenia’s revision of its law on international commercial arbitration. Funding was provided by the World Bank and the European Bank for Reconstruction and Development, and the discussions helped to increase the capacity of members of the Armenian bar with respect to international arbitration,

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and to influence decision-makers in the Armenian Government with respect to Armenia’s international arbitration framework. Philip Marsden, Director of the Competition Law Forum, has been appointed to several bodies this year. These include OFWAT’s Future Regulation Advisory Board; the Scientific Committee of the Law Faculty of the College of Europe in Bruges, and the Lithuanian Competition Council as a Public Advisor.

Influence in International Fora A BIICL project led by Justine Stefanelli and Sarah Williams, with the International Federation of the Red Cross (IFRC), evaluating the extent to which the UK and the EU had the appropriate infrastructure and prepared- ness to be able to deal with major disasters (natural and man-made) and to facilitate and regulate international assistance, has had a significant impact in the EU. The EU Commission’s Directorate-General for Humanitarian Aid & Civil Protection has approved Guidelines on Host Nation Support, and expressly mentioned the importance of the IFRC study, drafted by the Institute, as a tool for the drafters of the guidelines. At the moment, the Guidelines are not publicly available, but more information is available here: http://www.ifrc.org/en/what-we-do/idrl/ latest-news/disaster-law-newsletter-february-2012/host-nation-support- guidelines-approved-by-eu/. In 2010 the Product Liability Forum was asked by the European Commission to participate in their Fourth Review of the European Product Liability Directive. In February 2011 the PLF submitted a response to their questionnaire. Reference was made in the ensuing Report of the European Commission to the work of the Product Liability Forum, includ- ing the Product Liability Database. Institute research on Public International Law was also relied upon at the Commonwealth Law Ministers and Senior Officials Meeting in Sydney in July 2011. Robert McCorquodale and Kristin Hausler’s work both on pre-trial detention activities by police and prison authorities and climate change and its impact on security and survival were referred to in their recommendations. Philip Marsden has also been involved in projects in Africa, the first assisting the Gambia Competition Commission in relation to advocacy to ministries, and the second assisting ECOWAS with respect to the devel- opment of a regional competition authority. The research Philip conducted in 2011 with Peter Whelan has also been well received. Their work on selective distribution was cited favourably by the Swiss Competition Commission in a recent case, and their research on price discrimination was used by the Australian Senate in a report into the dairy industry.

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Citations of Research in National Courts Democratic Republic of Congo v. FG Hemisphere Associates, Hong Kong Final Court of Appeal, 8 June 2011 (Robert McCorquodale) In the Judgment by Mr Justice Bokhary PJ (at para 119) in this case about sovereign immunity he said: “of course, while a domestic court is by no means wholly unconcerned with international law, its jurisdiction is domestic. And I would note two things said by Professor Robert McCorquodale in his contribution “The Rule of Law Internationally” in Tom Bingham and the Transformation of the Law (2009) (eds Mads Andenas and Duncan Fairgrieve) (2009). He acknowledges (at p.141) that “[m]ost studies have tended to indicate that the rule of law cannot be applied to the international legal system, as that system has not yet developed suffi- ciently to have the necessary frameworks and institutions to allow the rule of law to operate in a meaningful way”. But then (at p.145) he makes the observation that “[t]he rule of law remains an important aspect of all national systems and would enable a better international legal system.”

Animal Science Products, Inc. v. China Nat. Metals & Minerals Import & Export Co., 702 F.Supp.2d 320, 391(D.N.J. 2010) (N Jansen Calamita) “The fluid concept [of comity], in turn: (a) indirectly provided theoretical support to areas of law related to international interactions, e.g., by supplying jurisprudential solutions for conflict of law problems, or bases for enforcement of foreign judgments or for resolutions of forum non conveniens challenges; and, in addition, (b) mushroomed into a panoply of legal doctrines, all bearing the name ‘the doctrine of comity,’ even though each of these doctrines eventually developed its own distinct set of considerations ensuring application of the umbrella concept of comity to the particular issue tackled by the doctrine. See, e.g., David J. Bederman, International Law Frameworks 182 (Foundation Press 2006) (‘Comity has been construed by the Supreme Court to mean a number of different things’); N. Jansen Calamita, Rethinking Comity: Towards a Coherent Treatment of International Parallel Proceedings, 27 Pa. J. Int’l Econ. L. 601, 614 (2006) (same).”

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BIICL Research Staff Profiles

Robert McCorquodale Institute Director

Professor Robert McCorquodale has been the Director of the Institute since January 2008. He is also a Professor of International Law and Human Rights at the University of Nottingham. He has considerable experi- ence as an academic and as a practitioner, as well as being an adviser on issues of public international law around the world. He supervises a number of the Institute’s research projects, and provides advice and support to others. In addition, he is the Co- General Editor of the International and Comparative Law Quarterly. In addition to supervising and conducting research on several Institute projects—as well as his administrative, managerial, financial and development responsibilities—Robert has also obtained funding for research projects, coordinated the Annual Conference and Grotius Lecture, and reviewed the Institute’s publications.

2011 Publications International Law Beyond the State (Cameron May, 2011). Cases and Materials on International Law (5th edn, OUP, 2011) (with Martin Dixon and Sarah Williams). ‘Climate Change and its Impact on Security and Survival’ 37 Commonwealth Law Bulletin (2011) 617 (with Kristin Hausler). ‘International Human Rights Law and Transnational Corporations: Responsibilities and Cooperation’ in D. König (ed), Coexistence, Cooperation and Solidarity—Liber Amicorum Rüdiger Wolfrum (Nijhoff, 2011) 453. FCO’s Advisory Panel on Human Rights and the Death Penalty; IALS Senior Associate Research Fellow; member of the Human Rights Consortium of the University of London’s School of Advanced Study; Expert adviser to Commonwealth Scholarship Commission in the UK; expert assessor for the Australian Research Council; and PhD supervisor.

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Jeffrey Jowell Director of the Bingham Centre for the Rule of Law

Professor Sir Jeffrey Jowell KCMG QC is the inaugural Director of the Bingham Centre. A leading authority on public law, he has combined a distinguished academic career with legal practice. Previously Dean of the Faculty of Law and a Vice Provost of UCL, he has assisted many national consti- tutions, has served on a number of public bodies. From 2000–2011 he was the UK’s member of the Council of Europe’s Commission for Democracy through Law (“The Venice Commission”). Jeffrey was knighted in 2011 for services to human During the Bingham rights, democracy and the rule of law. Centre’s first year, Jeffrey has led the Centre in a number of projects including Security and Secrecy in Trials, responding to the Government’s Green Paper on Security and Justice and Constitutional Options for Libya, in collaboration with the Libyan Progress Initiative (a UK based organisation liaising with the Transitional Government). Jeffrey has also been reviewing the Role of Regional Courts in Africa and the Role of Government Lawyers in collaboration with the Commonwealth Law Association (CLA).

2011 Lectures Jeffrey has undertaken an extensive lecture programme during the year, including lectures on the rule of law at the University of St Petersburg, the Royal College of Administration (Madrid), City University of Hong Kong, Tulane University and the Academy of Athens. During Jeffrey’s visit to Athens, he was awarded the honour of being made a Member of the Academy. He also addressed the inaugural meeting of the South African Administration Law Association and gave evidence to three UK Parliamentary Committees.

2011 Publications The Changing Constitution (7th edn) (OUP, 2011) (with Professor Dawn Oliver).

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Jill Barrett Dorset Senior Research Fellow in Public International Law

Jill Barrett joined the Institute in 2010 from the Legal Adviser’s team at the Foreign & Commonwealth office where she was Legal Counsellor and from 2012 will be the first Arthur Watts Senior Research Fellow in Public International Law. She leads the research and events programme in public international law. She has developed several new funded research projects for the Institute, including a review of the duties and powers of British consular offi- cers and a comparative study on the treat- ment of sensitive information in civil In 2011 she initiated litigation. collaboration with the Centre for International Law in Singapore, and is working with the Centre on a new project on Best Treaty Practice focusing on national treaty practices including the drafting, processing, signing, ratification and implementation of treaties, depositary functions and the management of treaty records and publications. She is now developing a new collaborative relationship between the Institute and Melbourne Law School, University of Melbourne, Australia. Forthcoming publications include articles on secondary law-making under treaties and new developments in Antarctic and Arctic governance.

2011 Publications “The United Kingdom and Parliamentary Scrutiny of Treaties: Recent Reforms” 60 ICLQ 1 (2011) 225.

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Jonathan Bonnitcha Research Fellow in Business and Human Rights

Dr Jonathan Bonnitcha joined the Institute as Research Fellow in Business and Human Rights in July 2011. He obtained his DPhil, MPhil and BCL in Law from the University of Oxford, where he studied as a Rhodes Scholar. He also holds Bachelor degrees in both Economics and Law from the University of Sydney. He is admitted as a lawyer in Australia, and has worked on investment treaty arbitrations for an international law firm. In 2012, Jonathan was awarded an £80,000 Postdoctoral Fellowship by the UK Economic and Jonathan spent much of Social Research Council, which he has 2011 working on a now taken up at the London School of research paper on the Economics. implementation of the UN Guiding Principles on Business and Human Rights in the oil and gas sector. In parallel to this research project, Jonathan organised a conference on the implementation of the UN Guiding Principles on Business and Human Rights. The conference was jointly convened by the Institute, the Raoul Wallenberg Institute and the International Bar Association, and was supported by Clifford Chance and the Söderberg Foundations. It was held over one and a half days on 15–16 September 2011 at the offices of Clifford Chance LLP.

2011 Publications ‘A Framework for Understanding the Political Economy of International Investment Interpretation’ in C Brown & K Miles (eds) International Investment Law and Arbitration: Evolution and Revolution in Substance and Procedure (Cambridge University Press, 2011). ‘Globalization and Inclusive Governance in China and India: Foreign Investment, Land Rights, and Legal Empowerment of the Poor’ in M Gehring, M-C Cordonier Segger & A Newcombe (eds) Sustainable Development in World Investment Law (Kluwer Law International, 2011) (with K Khoday).

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N Jansen Calamita Senior Research Fellow in International Investment and Trade Law Director of the Investment Treaty Forum

Prior to joining the Institute in 2010, Jansen was a member of the Faculty of Law at the University of Oxford and the University of Vienna. He has also been an Adjunct Professor at George Mason University in the United States. Prior to becoming a fulltime academic, Jansen served in the Office of the Legal Adviser in the US Department of State, representing the United States in bilateral investment matters and before the Iran–US Claims Tribunal, and in the Office of Legal Affairs at the United Nations in Vienna as a Jansen’s work as member of the UNCITRAL Secretariat. Director of the ITF Prior to joining the UN, Jansen was in divides among the private practice in New York. He is a grad- public, the practical and uate of the Boston University Law School the academic. (JD summa cum laude) and the University In 2011 Jansen has of Oxford (BCL). worked with sovereign governments in formu- lating international investment policy and international dispute settlement strategies and legislation, reviewing international investment treaty policy, revising domestic legislation on international commercial arbitration and considering accession to multilateral conventions. Jansen balances his work in practice and public engagement with academic research. In 2011 much of Jansen’s research has been consid- eration of the role of the principle of proportionality in international invest- ment law. Jansen also has conducted research on the development of international investment policy with particular reference to the European Union.

2011 Publications ‘Countermeasures and Jurisdiction: Between Effectiveness and Fragmentation’, 42 Georgetown J. Int’l L. (2011) 233.

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Duncan Fairgrieve Senior Research Fellow in Comparative Law Director of the Product Liability Forum

Dr Duncan Fairgrieve is Maître de Conférences at Sciences Po, Paris. He holds degrees from Oxford, London and Paris. Dr Fairgrieve’s research interests focus upon comparative law, spanning both private and public law. In the sphere of public law, he has a particular interest in the liability of public authorities in tort law. He also has an interest in the comparison of Anglo-French public law. In the sphere of comparative private law, Dr Fairgrieve works on a variety of topics, in particular tort law and product liability. He is the founding Director of the Tort Law Centre As well as his work at the Institute. with the Product Liability Forum, Duncan has worked on projects related to the issue of collective redress. Duncan also continues to work with the UK medicines regulator, the MHRA, on a number of topics, in particular facilitating interdisciplinary thinking on the regulation of medicines by bringing together scientists, regulators and lawyers. Duncan continues to work on broader comparative law issues. He has been appointed as co-rapporteur for France for the Common Core project on Product Liability (to be published by Cambridge University Press), as well as the chapter on France for the State Liability project of the European Group on Tort Law. He has also worked on comparative public law issues, present- ing a paper, with Mattias Guyomar of the French Conseil d’Etat, on the topic of the Rule of Law and Etat de Droit at a Bingham Centre event.

2011 Publications Public Procurement Law: Damages as an Effective Remedy (ed. with F. Lichère) (Hart Publishing, 2011). Tom Bingham and the Transformation of the Law: A Liber Amicorum (OUP, 2011) (ed. with M. Andenas). “Causation in French Law: pragmatism and policy” in R.Goldberg (ed), Perspectives on Causation (Hart, 2011) (with F. G’Sell). Comparative Law Chapter in International Product Liability Manual (Kluwer Law, 2011) (with Professor G. Howells).

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Kristin Hausler Research Fellow in Public International Law

Kristin joined the Institute in 2007. Since then, she has undertaken a variety of research projects in the area of public inter- national law, especially in human rights, and has also organized many events on current interest topics. Over the last year, she has mainly worked on climate change issues and on a legal resource on the protection of education under international law. Previously, Kristin worked for several years in Vancouver, Canada, on a repatriation project involving indigenous communities. She is a member of the Cultural Heritage In 2011 Kristin’s work Committee of the International Law focused on two projects Association. She has law degrees from the for the Common- University of Fribourg, Switzerland, and the wealth Secretariat. Two University of British Columbia, Canada. papers were prepared for the July 2011 Commonwealth Law Ministers and Senior Officials Meeting in Sydney. These were on the Commonwealth and international human rights legal standards in relation to pre-trial detention activities by the police and prison authorities, and a briefing note on climate change and its impact on security and survival. The papers and their recommendations were well received, and the papers will be published in the Commonwealth Law Bulletin. Kristin has also been working with Education Above All (EAA), a Qatar- based policy research and advocacy organization, to draft a legal resource on international human rights law, international humanitarian law and international criminal law applied to attacks against education.

2011 Publications ‘Climate change and its impact on security and survival’, 37 Commonwealth Law Bulletin, 4 (2011) 617 (with R. McCorquodale). ‘Indigenous Perspectives in the Courtroom’, 16 International Journal of Human Rights, 1 (2012) 51.

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Hayk Kupelyants Research Fellow in Private International Law

Hayk joined the Institute in 2011 as the Research Fellow in Private International Law. He was educated in the United Kingdom, France and Armenia. Hayk is also a Teaching Assistant at the School of Law at Queen Mary, University of London.

During his time at the Institute, Hayk was the primary researcher on the ‘Study on the Question of Effectiveness of an Assignment or Subrogation of a Claim against Third Parties and the Priority of the Assigned or Subrogated Claim over a Right of Another Person’, funded by the European Commission. This project was successfully completed and Hayk contin- ues to work on the process of submitting funding applications in the domain of private international law.

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Eva Lein Herbert Smith Senior Research Fellow in Private International Law

Since joining the Institute in 2009, Eva has worked on a variety of projects in Private International Law. She has also been teaching (including at Queen Mary, London) and lecturing abroad. Her recent work includes the review process of the Brussels I Regulation, cross-border collec- tive redress and international successions and also European contract law and comparative law.

Eva has been spending much of 2011 coordinating a multi-contributor study on assignment in the conflict of laws for the European Commission (415 pages) which will serve as a basis for future amendments of the Rome I Regulation. In addition she has been an expert on European Contract Law for the European Parliament and presented a briefing note on the potential inter- action of an optional contract law instrument with EU private international law in preparation of the recently published ‘Common EU Sales Law’ (COM(2011) 635 final). She has also been editing two multi-contributor publications: A book on the Commission Proposal for a recast of Regulation (EC) No 44/2001 (‘Brussels I’), COM(2010) 748 final, and a publication providing a cross-border, compar- ative and European perspective on collective redress mechanisms.

2011 Publications ‘Modern Art—the ECJ’s latest sketches of Art. 5(1) Brussels I Regulation’, in A. Bonomi and G.-P. Romano (ed.)Yearbook of Private International Law XII (2011) 571. Book Review: ‘T. Thiede, Internationale Persönlichkeitsverletzungen durch Massenmedien’ (Jan Sramek Verlag 2010), Journal of European Tort Law (2011) 212. Case Note CJEU, C-509/09; C-161/10—eDate Advertising/ Martinez, (2012)- 1 Revista Española de Derecho Internacional LXIV 194.

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Philip Marsden Senior Research Fellow in Competition Law Director of the Competition Law Forum

Philip is a competition lawyer with research interests relating to consumer welfare, abuse of dominance, international enforce- ment cooperation, competition law in small and developing economies, and aspects of the law of the World Trade Organisation relating to competition policy, telecommuni- cations and dispute settlement proceed- ings. He is a frequent media commentator and conference speaker on competition and trade issues. He is the founder and editor of the European Competition Journal and a Founding Director of World Trade Institute Advisors. In 2011 Philip was appointed to OFWAT’s Future Regulation Advisory Board; to the Scientific Committee (of the Law Faculty of the College of Europe and as Public Advisor to the Lithuanian Competition Council. Philip spoke at the International Competition Network conference where he evaluated work by the International Development Research Centre to assist developing countries in their competition law programmes. He also spoke at OECD meetings in Paris, first on corporate compliance with competition law and then to present a report reviewing the first five years of the Egyptian competition regime and making recommendations for reform. He has also been involved in projects in Africa, assisting the Gambia Competition Commission in advocacy to ministries, and also ECOWAS with respect to development of a regional competition authority.

2011 Publications ‘Online Search: “Antitrust”’ Competition Law Insight 26 (2011) 17. ‘Acta Non Verba: Keep ‘Talking Shop’, Don’t Become Another Talking Shop’, essay in The International Competition Network at Ten, ed. P. Lugard (Cambridge, 2011).

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Justine Stefanelli Maurice Wohl Fellow in European Law

Since joining the Institute in 2006, Justine has worked on a variety of projects in European law. Most recently, as part of the Bingham Centre, she has focused her work on the systems for asylum and immigration in Europe, with a particular emphasis on procedures and immigration detention. She was also part of the ATLAS project, which evaluated the EU’s international human rights and humanitarian law policy, and conducted a study on the rights and responsibilities of citizenship in the EU.

Justine spent much of 2011 focused on the participation of the UK in the EU’s asylum system. In particular, Justine drafted a Working Paper on the rule of law implications of the UK’s decision not to opt-in to proposals to recast the EU Asylum Reception Conditions (2003/9/EC) and Procedures (2005/85/EC) Directives. The Working Paper was read by representatives from the UK Home Office EU Asylum Policy Team, who were also invited to come to the Bingham Centre to discuss the Working Paper. The Working Paper was also highlighted at a Bingham Centre event which focused on the constitutional and rule of law implications of the UK’s position towards the Common European Asylum System, and deci- sion not to opt-in to the recently amended EU Directives.

2011 Publications ‘Disaster Strikes: Overcoming barriers to the effective delivery of international disaster assistance within the EU’, 2 Journal of International Humanitarian Law 1 (2011) 53 (with Dr Sarah Williams). ‘Who’s Rule of Law? An Analysis of the UK’s Decision not to Opt-in to the EU Asylum Procedures and Reception Conditions Directives’, 60 ICLQ 4 (2011) 1055. ‘The Negative Implications of EU Privilege Law Under Akzo Nobel at Home and Abroad’, 60 ICLQ 2 (2011) 545.

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Nicole Urban Research Fellow in International Humanitarian Law

Nicole joined the Institute in August 2011 as a Research Fellow in International Humanitarian Law. She is currently a co- author on the Education Project. Her research focuses on the the extent to which International Humanitarian Law recognizes and protects the right to education, civilians involved in education, and educational facili- ties in armed conflict. Nicole recently competed a Master of Philosophy in Law (MPhil) at the University of Oxford focusing on the International Humanitarian Law protection of journalists. Nicole is also a qual- ified solicitor in Australia and has practiced In 2011 Nicole’s research for many years in a variety of legal fields. was focused on the ‘International Law and Education in situations of Insecurity and Conflict’ project, looking at the aspects of International Humanitarian Law relevant to education-related violations. Building on her MPhil research, Nicole is organising an event on the protection of journalists in conflict, which will take place in mid-March 2012. In addition to the Education Project Nicole is also working on a book review for the ICLQ and expects to publish an article based on her Masters research this year.

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Bingham Centre for the Rule of Law

The Bingham Centre for the Rule of Law is a part of the Institute dedicated to the promotion of the rule of law in all its aspects nationally and interna- tionally. The Centre builds upon the work which formed the foundation of Lord Bingham’s distinguished career. The maintenance and promotion of the rule of law is of fundamental importance for the human dignity and economic well-being of people everywhere, providing the foundations for a functioning economy and a humane society. Its relevance extends across a wide range in the affairs of people and states.

Report from the Director, Professor Sir Jeffrey Jowell KCMG QC 2011 marked the first year of the Bingham Centre’s existence. By the end of the year, the Centre was well and truly launched, having held 13 events and being engaged in a number of projects. Various key appointments to the Centre were also made. It has become clear from its first year, that the Bingham Centre fulfils a pressing need and is uniquely qualified to make an identifiable difference to the promotion and enhancement of the rule of law in the political, social, legal and economic spheres, nationally, regionally and internationally. The Centre has quickly established itself as a body of quality, with a sharp and unique image and mission. Its initial contributions (e.g. the response to the Government’s Green Paper on Justice and Security) have been widely cited in the press and, in the report of Parliament’s Joint Committee for Human Rights. The Centre has been approached by a wide variety of bodies to collab- orate with them in different ways and we were pleased to be the only NGO to be asked by the UK Government to participate in an event during its chairmanship of the Committee of Ministers of the Council of Europe at a meeting on the rule of law’s practical impact to be held at Lancaster House in 2012. As Centre Director, I have given a number of talks and been involved in discussions on rule of law themes in the UK and abroad (in Russia, Greece, Spain, Bahrain and Hong Kong). I have assisted the Council of Europe’s new paper on the Rule of Law and have given evidence to three Parliamentary Committees.

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Appointments Justine Stefanelli, Maurice Wohl Fellow in European Law in the Institute, is assigned as a Fellow of the Bingham Centre. Sandra Homewood is the Administrator of the Bingham Centre. Jonathan Cooper was appointed the Centre’s (part time) Director of Training and Education. Jonathan Bonnitcha was appointed as a Research Fellow. In order to expand our critical research capacity, we have sought to attract researchers on second- ment from practice or the academic profession: The following have been appointed (visiting, part time) Fellows: Michael Fordham QC, Professor Adam Tomkins, Tom Hickman and Naina Patel. A number of interns Some staff of the Bingham Centre have assisted the work of the Centre.

Projects The Centre has commenced a number of projects in the first year which include:

• The Cross-Border Regulation of Financial Institutions • The Role of Regional Courts in Africa: A collaboration with the Commonwealth Law Association, this project will consider the role in setting standards and the composition, access to etc. of Regional African Courts. • The Role of Government Lawyers: Another collaboration with the Commonwealth Law Association. This will result in a Code of Practice for Lawyers in Public Service to reconcile their duty to the rule of law with their duty to effect the designs of their governments. • Detention Without Trial: A study on remand prisoners and immigration centres. Michael Fordham QC is working with Justine Stefanelli, on Immigration Detention Centres. • Business Responsibilities and Human Rights: With the Institute, Jonathan Bonnitcha has been looking at the application of the Ruggie principles in relation to the oil and gas industry.

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• Civil Penalties: Cheating the Criminal Law: Michael Fordham has produced a Bingham Centre Working Paper on this subject. • Security and Secrecy in Trials: Fellows Professor Adam Tomkins and Tom Hickman helped prepare a Working Paper which formed the Centre’s response to the Government’s Green Paper on this subject. • Constitutional Options for Libya: The Bingham Centre was asked by the Libyan Progress Initiative (a UK-based organisation liaising with the Transitional Government) to prepare a paper on this subject. A second stage, including training, has been requested.

Events A number of events have been held in the Centre’s inaugural year to explore current issues about the rule of law and to scope possible research projects: • 15 March 2011: US Supreme Court Justice Stephen Breyer on Courts and Democracy (with discussants Prof. Ronald Dworkin, Lord Lester QC, and Lord Justice Sedley). • 31 March 2011: Relationship between European Court of Human Rights (ECtHR) and Domestic Courts (Lord Hope, Professor Justice Malinverni of the ECtHR; Justice Paczolay, Chief Justice of the Hungarian Constitutional Court; Judge Olivier Dutheillet de Lamothe, (Constitutional Court/Council of State, France) (Joint event with UCL). • 24 May 2011: The Rule of Law in Southern Africa (Professor Hugh Corder, University of Cape Town, discussant, Prof Sandra Fredman, Oxford). • 2 June 2011: Lecture by US banking regulation expert Rodgin Cohen on Insolvencies of International Financial Institutions (Joint event with QMUL). • 3 June 2011: Cross-Border Resolutions of Financial Institutions—joint event with American Law Institute. Participants included leading figures from the US and UK including the central banks, the IMF, the Treasury of the US and UK, private lawyers and those representing leading financial institutions. • 17 June 2011: Meeting on The Rule of Law, Etat de droit and Rechststaat. at the UK Supreme Court with six members of the French Conseil d’Etat and some German representatives. • 23/24 Sept 2011: The Scope & Universality of the Rule of Law meeting at All Souls Oxford, attended by practitioners, acade- mics, members of the French Conseil d’Etat, Venice Commission cont.

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& ECtHR. Bingham Centre Working Papers to be produced from the meeting. • 4 Oct 2011—Strasbourg and the UK—joint event with ALBA (chaired by Lord Justice Laws, with speakers Lord Pannick QC and Professor Philip Leach). • 18 Nov 2011—National Security and the Rule of Law. The meet- ing presented our draft response to the Government’s Justice and Security Green Paper to an invited audience of experts. • 24 Nov 2011—The UK Opt-out to the EU Asylum Directive. The discussion raised the constitutional and rule of law implications of the UK’s position towards the Common European Asylum System (CEAS), concentrating on elements of the UK’s position not to opt-in to the amended EU directives. • 1 Dec 2011—Constitutional Options for Libya for the Libyan Progress Initiative. Beamed via satellite to Benghazi and Tripoli. • 7 Dec 2011—The Rule of Law in Conflict—Affected States in collaboration with Chatham House. The event focused on Afghanistan, Libya and Sudan, addressed by Naina Patel, Fellow of the Bingham Centre. • 14 Dec 2011—A British Interpretation of Convention Rights, Lord Irvine of Lairg, The Lord Chancellor 1997–2003.

Education and Training

The Centre was asked by the Consul General’s Office in St Petersburg to deliver a training programme in Russia in 2012 relat- ing to rule of law to police, officials, judges and students. Jonathan Cooper, the Centre’s Director of Training and Education is planning a series of training events in the UK and abroad and will seek funds to develop a progamme for education on the rule of law more generally.

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Competition Law Forum

Director: Dr Philip Marsden www.biicl.org/clf

The Competition Law Forum (CLF) of the Institute is a centre of excel- lence for European competition policy. It provides a forum in which the practical application of competition policy is considered by lawyers, econ- omists, senior business managers, public servants, consumer bodies and other experts. The CLF Advisory Board over- sees the activities of CLF and offers guidance to the Forum Director on programme develop- ment and research. It has the key responsibility of ensuring the qual- ity standards of the Forum activities are appropriate to a centre of excel- lence and commensurate with the Institute’s other activities. The CLF Advisory Board Philip Marsden, Forum Director, speaking in Zurich currently comprises: Tim Cowen, Susan Bright, Adrian Majumdar, Gavin Robert, Michael Hutchings OBE, Peter-Carlo Lehrell, Stephen Wisking, Christopher Vajda, Oliver Bretz and Simon Pritchard. In 2011, the Director organized several public workshops, conferences and Forum meetings, on topics such as Quality decision-making; Predatory Pricing; Article 102 cases; State aid and Financial institutions; Online search and advertising; Competition and the Public Interest, International perspectives on information exchange and signalling; and the Annual Merger Conference. As ever, assistance and support was provided by Forum members. Funding for research came from the membership contributions of the CLF members, sponsorship and fees from events, and one funded project has been approved for 2012 involving the CLF director training national judges in Bulgaria, under the auspices of the European Commission. The Forum welcomed three new members: Cleary Gottlieb, Compass Lexecon, and Procter & Gamble, and the chairman of the Competition Commission, as a consultative member.

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Competition Law Forum Members Law Firms Economists Phil McDonnell, Addleshaw Cristina Caffarra, CRAI Goddard Helen Jenkins, OXERA Vincent Power, AL Goodbody Adrian Majumdar, RBB Simon Pritchard, Allen & Overy Economics Nigel Parr, Ashurst David Squires, Deloitte Samantha Mobley, Baker & Mark Williams, NERA McKenzie Jorge Padilla, Compass David Harrison, Berwin Leighton Lexecon Paisner Maurits Dolmans, Cleary Gottlieb Barristers Alex Nourry, Clifford Chance Christopher Vajda QC, Ingrid Gubbay, Hausfeld Monckton Chambers John Davies, Freshfields Bruckhaus Deringer Consultants Stephen Wisking, Herbert Smith Bernard Amory, Jones Day Peter Carlo Lehrell, FIPRA Gavin Robert, Linklaters Susan Bright, Hogan Lovells Consultative Members Brian Sher, Nabarro Sir Christopher Bellamy, Mark Jones, Norton Rose Linklaters Riccardo Celli, O’Melveny & Professor Margaret Bloom, Myers Kings College London Katherine Holmes, Reed Smith Philip Collins, Office of Fair Richards Butler Trading Chris Bright, Shearman & Sterling John Fingleton, Office of Fair Elaine Gibson-Bolton, SJ Berwin Trading Philippe Chappatte, Slaughter & Judge Frédéric Jenny, Cour de May Cassation Bernadine Adkins, Wragge & Co. William Kovacic, GWU Law Faculty Corporates Sir John Vickers, All Souls Chris Parker, Microsoft College Anne Riley, Shell International Stephen Walzer, Competition Limited Commission Carol Walsh, Visa International Polly Weitzman, Office of Karim Nath, BAT Communications Eva Bishop, Coca-Cola Sir Derek Morris, Oriel College Enterprises Roger Witcomb, Competition Andrew McCarthy, P&G UK Commission

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Competition Law Forum Events 2011

The Chapter II Prohibition: Where Come Fly with Me: Predatory Pricing Have All the UK Cases Gone? 19 April 2011 8 February, 2011 Chair: Brian Sher, Nabarro LLP Chair: Alastair Mordaunt, Office of Fair Speakers: Trading Simon Pilsbury, Oxera Speakers: Peter Lukacs, Office of Fair Trading Bojana Ignjatovic, RBB Economics Al Mangan, Addleshaw Goddard LLP Marc Israel, Macfarlanes LLP

CLF: International perspectives on CLF: Procedural fairness and quality information exchange and signalling decision-making 1 June 2011 14 March, 2011 Chair: Gavin Robert, Linklaters Chair: Philip Marsden Speakers: Speakers: Wayne Leach, Mallesons Stephen Bill Allan, Competition Appeal Tribunal Jaques Rachel Brandenburger, United States, Andreas von Bonin, Freshfields Department of Justice Bruckhaus Deringer LLP Laura Carstensen, Competition John Kallaugher, Latham and Watkins Commission LLP Jackie Holland, OFT Matthew Bennett, Office of Fair Trading Theofanis Christoforou, European Commission, Legal Service Online Search: “Antitrust” 8 June 2011 9th Annual Merger Conference Chair: Philip Marsden 17 March 2011 Speakers: Chair: Philip Marsden Jorge Padilla, Compass Lexecon Carole Begent, Competition Europe Commission Andrea Lofaro, RBB Economics Clive Maxwell, Executive Director, Lars Kjølbye, Covington & Burling LLP Office of Fair Trading Raphael De Coninck, European Commission Joseph Farrell, US Federal Trade Annual Conference 2011 Commission Financial Regulation in a Global Amelia Fletcher, Office of Fair Trading Market: Moving Beyond The State Peter Freeman CBE, QC, Chairman, 10 June 2011 Competition Commission Competition Policy, State Aid & Johannes Luebking, European Financial Institutions Commission Chair: Dirk Hudig, FIPRA Adrian Majumdar, RBB Economics Speakers: Rob McLeod, Mlex Diane Coyle OBE, Enlightenment Sheldon Mills, Office of Fair Trading Economics and Former Advisor to Alison Oldale, Competition Commission the UK Treasury Simon Pritchard, Allen & Overy LLP Christian Ahlborn, Linklaters LLP Matthew Readings, Shearman and Fod Barnes, Oxera Sterling LLP Nicholas Scola, Office of Fair Trading

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Criminal cartel prosecution and civil CLF: Competition and the Single leniency: international perspectives Market on irreconcilable differences? 6 December 2011 14 September 2011 Chairs: Oliver Bretz and Johan Ysewyn, Chair: Nicole Kar, Linklaters LLP Clifford Chance Speakers: Speakers: Marc Hansen, Latham & Watkins LLP Luc Peeperkorn, European Commission Graham Reynolds, Osler Munesh Mahtani, Google Antoine Winckler, Cleary Gottlieb Juan Rodriguez, Sullivan & Cromwell Gert-Jan Koopman, European Commission Wouter de Vriendt, Ministry of Finance, CLF: Competition and the Public Belgium Interest François-Charles Laprevote, Cleary 26 October 2011 Gottlieb Chair: Michael Hutchings OBE Michel Petite, Clifford Chance and Speakers: former Director General of the Phillip Blond, ResPublica European Commission’s Legal Niamh Grogan, Lloyds Banking Group Service Christopher Townley, Kings College Graham Shuttleworth, NERA London Jerome Claeys, UBS Phil Evans, FIPRA and Competition Commission Andrew McCarthy, Procter & Gamble

Competition Damages Actions— practice and pitfalls 16 November 2011 Chair: Ted Henneberry, Orrick, Herrington & Sutcliffe Speakers: Marie-Cécile Rameau, Bredin Prat Onno Brouwer, Freshfields Bruckhaus Deringer Douglas Lahnborg, Orrick, Herrington & Sutcliffe

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Investment Treaty Forum

Director: N Jansen Calamita www.biicl.org/itf

The Investment Treaty Forum (ITF) at the Institute was founded in 2004. Its aim is to provide a global centre for serious, high-level debate in the field of international investment law. The Forum is a membership-based group, bringing together some of the most experienced and insightful lawyers, business managers, policy advisers, academics and government officials working in the field. Like the Institute itself, the Forum shares a reputation for independence, even-handedness and academic rigour. The Director of the Forum is N Jansen Calamita, who is a practitioner- academic, coming from a background in private practice, government service with the United Nations and the US Department of State, and academic appointments at the University of Oxford and most recently the University of Birmingham, where he continues to teach. The activities of the Investment Treaty Forum are varied and may be distinguished between Private Members’ Meetings and Public Conferences and Seminars.

Private Members’ Meetings As the Investment Treaty Forum is a membership-based organisation, a principle focus of the Forum’s activities is bringing the Forum’s membership together with invited guests to participate in the free exchange and debate of ideas on the most important issues in the field of international investment law. As a rule, the Forum holds between three and four such meetings each year, conducted under the “Chatham House Rule.” These meetings provide a unique and valuable opportunity to discuss issues with colleagues, policy-makers and other participants in international investment law in a less formal setting than a classic conference. By way of example of the topics and participants involved in recent Members’ Meetings:

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Investment Treaty Arbitration and Costs in Investor-State Arbitration: Contractual Arbitration: Is a Consensus Emerging? A Complementarity of Remedies? Latham & Watkins, October 2011 Baker Botts LLP; Volterra Fietta LLP, Speakers and Chairs: Bernard November 2011 Hanotiau (Hanotiau & van den Berg, Speakers and Chairs: Alejandro Brussels), Sebastian Seelmann- Escobar (Baker Botts LLP); Stephen Eggbert (Latham & Watkins, Hamburg), Fietta (Volterra Fietta LLP); Dame Thomas H. Webster (Independent Rosalyn Higgins; Professor Dan arbitrator, Paris). Sarooshi (University of Oxford; Essex Court Chambers).

EU Law and International Investment Law: Questions of Jurisdiction and Applicable Law Hogan Lovells, March 2011 Speakers and Chairs: Yas Banifatemi (Shearman & Sterling, Paris), Markus Burgstaller (Hogan Lovells, LLP), Stefan Hindelang (Humboldt University, Berlin) and Jeffrey Sullivan (Allen & Overy).

Public Conferences Twice annually the Investment Treaty Forum conducts day-long public conferences (May and September) during which it opens its discussions to the public for the benefit of all of those interested in the field. The ITF public conferences in 2011 are listed below. Further details about the events are available on the ITF website, www.biicl.org/itf.

Sixteenth Public Conference of the Investment Treaty Forum: Is There a Customary International Law of Investment? 6 May 2011 Speakers and Chairs: Professor Jose Alvarez (New York University Law), N Jansen Calamita (BIICL), Professor David D. Caron (University of California, 20 Essex Street), Professor Rudolf Dolzer (University of Bonn), Gavan Griffith QC (Essex Court Chambers), Professor Kaj Hober (Mannheimer Swartling, Stockholm; University of Dundee), Loretta Malintoppi (Eversheds LLP, Paris), Professor Campbell McLachlan QC (Victoria University of Wellington; Essex Court Chambers), Federico Ortino (Kings College London), Gary Sampliner (US Department of the Treasury), Stephan Schill (Max Planck Institute, Heidelberg), Judge Stephen Schwebel, Laurence Shore (Gibson Dunn, New York), Professor Hans van Houtte (University of Leuven, Iran–US Claims Tribunal), Matthew Weiniger (Herbert Smith).

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Seventeenth Public Conference of the Investment Treaty Forum: International Investment Law and Its Intersections 9 September 2011 Speakers and Chairs: N Jansen Calamita (BIICL), Luis González García (Matrix Chambers), Professor Robert Howse (New York University Law), Robert Hunter (Hogan Lovells, Frankfurt), Professor Catherine Kessedjian (University of Paris II), Jan Kleinheisterkamp (London School of Economics), Alexandra Koutoglidou (European Commission DG Trade), Professor Ursula Kriebaum (University of Vienna), Professor Jurgen Kurtz (University of Melbourne), Nikos Lavranos (Dutch Ministry of Economic Affairs), Professor Ernst-Ulrich Petersmann (European University Institute), Andrea Shemberg (Office of UN Special Rapporteur John Ruggie), Audley Sheppard (Clifford Chance), Professor Anna Viterbo (Università degli Studi di Torino), Robert Volterra (Volterra Fietta), Todd Weiler (NAFTAClaims.com).

Special Programmes In addition to the twice-annual, day-long public conferences, the Forum also organizes periodic special seminars and conferences, sometimes in London, sometimes elsewhere, which are also open to the public and free to attend for ITF members. The ITF special programmes in 2011 are listed below. Further details about the events are available on the ITF website.

Why Still ICSID? Summary Europe’s New Investment Procedures, Annulment, and the Competence, co-organized with Future of ICSID, sponsored by Hogan University of Liverpool in Lovells, 3 November 2011 Liverpool, 12 September 2011 Speakers and Chairs: Professor Anne Speakers and Chairs: Markus van Aaken (University of St. Gallen), Burgstaller (Hogan Lovells, London), N Stanimir Alexandrov (Sidley Austin), Sir Jansen Calamita (BIICL), Angelos Franklin Berman KCMG QC (Essex Dimopoulos (University of Tillburg), Court Chambers), Stephen Bouwhuis Steffen Hindelang (Humboldt University, (Commonwealth Secretariat), Dr Berlin), Professor James Mathis Markus Burgstaller (Hogan Lovells, (University of Amsterdam), Professor London), N Jansen Calamita (BIICL), August Reinisch (University of Vienna), Professor John Crook (George Mavluda Sattorova (University of Washington University), JJ Gass Liverpool), Professor Surya Subedi (Freshfields, Paris), Laurent Gouiffès (University of Leeds). (Hogan Lovells, Paris), Gavan Griffith QC (Essex Court Chambers), Secretary General Meg Kinnear (ICSID), Antonio Parra (ICSID), Professor Alain Pellet (University Paris Ouest, Nanterre-La Défense), Professor Christoph Schreuer (Wolf Theiss, Vienna), Professor Brigitte Stern (Université de Paris I).

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Current Issues in Investment Treaty Investment Treaty Forum Public Arbitration: Treaty Shopping v. Meeting—Standards of Treaty Planning and the EU as a New Compensation and Measures of Actor, co-organized with Italian Forum Value in International Investment for Arbitration Arbitration: Ships Passing in the Rome, 6 June 2011 Night? sponsored by FTI Consulting Speakers and Chairs: N Jansen 2 March 2011 Calamita (BIICL), Andrea Carlevaris Speakers and Chairs: Mark Bezant (FTI (Bonelli Erede Pappalardo, Rome), Consulting, London); N Jansen Domenico Di Pietro (Chiomenti Studio Calamita (BIICL); David Herlihy Legale, Rome), Ferdinando Emanuele (Skadden, Arps, Slate, Meagher & (Cleary Gottlieb Steen & Hamilton LLP, Flom, London); Professor Mark Kantor Rome), Luigi Fumagalli (Università degli (Georgetown University); Professor Studi di Milano), Bart Legum (Salans, Irmgard Marboe (University of Vienna); Paris), Vaughan Lowe QC (University of James Nicholson (FTI Consutling, Oxford; Essex Court Chambers), Paris); Noah Rubins (Freshfields Loretta Malintoppi (Eversheds, Paris), Bruckhaus Derringer, Paris); Thierry Federico Ortino (King’s College Senechal (International Chamber of London), Lluís Paradell (Freshfields Commerce, Paris). Bruckhaus Deringer, Rome), Leopoldo Rubinacci (DG Trade, EU Commission), Giorgio Sacerdoti (Università Bocconi di Milano), Anthony Sinclair (Allen & Overy LLP, London), Edouard Soubry (GDF SUEZ, Brussels).

Other Seminars and Conferences In addition to seminars and conferences specifically on the international law of investment, the Institute also undertakes a number of other activi- ties within the areas of international trade law.

Annual WTO Conference The Institute co-hosts the Annual WTO Conference with Georgetown University and the Society for International Economic Law (SIEL). In May 2011, the Institute and Georgetown organized the 11th WTO Conference, featuring a two-day programme devoted to exploring both the most impor- tant developments at the WTO in the previous year and global trends. The focus of the two days was split between (a) WTO Dispute Settlement: Subsidies in Many Shapes and Sizes and (b) Broader WTO Issues: The Global Financial Crisis and its Impact on International Regulation Inside and Outside the WTO. The event was kindly sponsored by Sidley Austin LLP and White & Case LLP.

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Arbitration-related Events Over the past year, the Institute has held a number of other seminars and conferences addressing the matter of international arbitration generally, many of which are of considerable interested to members of the ITF. These events have included:

The Ins and Outs of CIETAC Impact of Bribery and Corruption on Arbitration: Arbitrating under the the International Arbitral Process, Rules of the China International sponsored by Freshfields Bruckhaus & Economic and Trade Arbitration Deringer Commission & A Comparison of 18 January 2011 CIETAC Arbitration with Arbitration Speakers and Chairs: Sir Mark Waller under the Rules of other (ret. Judge of the Court of Appeal); International Arbitral Institutions, Constantine Partasides (Freshfields sponsored by Clifford Chance Bruckhaus & Deringer, London); 15 April 2011 Khawar Qureshi QC (Serle Court Speakers and Chairs: N. Jansen Chambers). Calamita (BIICL); Cao Lijun (Zhong Lun Law Firm, Beijing); Sir Anthony Colman (former Judge of the Commercial Court); Anthony Connerty (Lamb Chambers & IDR Group); Johan Gernandt (Arbitration Institute of the Stockholm Chamber of Commerce); Arthur Harverd (former Chairman of the Board of Directors of the London Court of International Arbitration); Yu Jianlong, (Secretary General, CIETAC); Chen Min (CIETAC Southwest Sub- Commission); Audley Sheppard (Clifford Chance, London); Xing Xiusong (Global Law Office, Beijing); Patrick Zhang (Clifford Chance, Beijing).

Government Training & Consultations The ITF also provides training and consultations with national govern- ments on matters relating to international investment law. In 2011 the ITF Director held a number of consultations with national governments in Africa and Europe.

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Investment Treaty Forum Advisory Board Norah Gallagher, Singapore Professor Vaughan Lowe, All Souls College Oxford and Essex Court Chambers Loretta Malintoppi, Eversheds, Paris Lucy Reed, Freshfields Bruckhaus Deringer LLP, New York Audley Sheppard, Clifford Chance LLP, London Robert Volterra, Volterra Fietta LLP, London

Consultative Forum Members Organisations The United Kingdom Foreign and Commonwealth Office The International Institute for Sustainable Development The Organisation for Economic Cooperation and Development The Permanent Court of Arbitration The International Law Programme, Chatham House The United Nations Conference on Trade and Development

Individuals Professor James Crawford SC, University of Cambridge and Matrix Chambers Judge Christopher Greenwood QC, International Court of Justice Professor Vaughan Lowe, All Souls College, Oxford, and Essex Court Chambers Professor Peter Muchlinski, School of Oriental and African Studies, University of London Dr Federico Ortino, School of Law, King’s College London Antonio Parra, Visiting Professor, University College London and former Deputy Secretary General, ICSID Dr Karl P Sauvant, Columbia University Law School Professor Dr Christoph Schreuer, University of Vienna Judge Stephen Schwebel Professor M Sornarajah, University of Singapore Adrian Winstanley, London Court of International Arbitration

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Product Liability Forum

Director: Duncan Fairgrieve Research Fellow (2010/2011): Faria Medjouba www.biicl.org/plf

The Product Liability Forum (PLF) at the Institute allows the practical appli- cation of policy and developments in product liability and safety law to be considered by leading lawyers in private practice, industry, academia, regulatory bodies and senior business managers, consumer representa- tives, public servants, public affairs professionals and other specialist prac- titioners. Its role is to analyse and improve the conduct of policy and practice in the spheres of product liability, product safety and mass torts. The academic credentials of the Product Liability Forum set it apart from other bodies. It is not designed as a lobby group, nor is it to be iden- tified with any particular perspective or sector. Mr Justice Burton, who gave judgment in the leading decision on product liability in A v National Blood Authority, has written that: ‘The British Institute of International and Comparative Law has been in the forefront of debate in the field of product liability, organizing confer- ences from which no self-respecting practitioner or academic in the area could afford to be absent.’ (In Duncan Fairgrieve, Product Liability in Comparative Perspective (CUP, Cambridge, 2005)).

Product Liability Research The status of the Product Liability Forum as a leader in the product liabil- ity and safety area has been recognized by the European Commission which requested our participation in the review process of the Product Liability Directive. In 2010, we were asked by the European Commission to participate in their Fourth review of the Directive, and the PLF duly submitted, in February 2011, a response to the Commission Questionnaire. Reference was made in the ensuing report of the European Commission to the database of the Product Liability Forum.

Product Liability Database The Tort Law Centre continues to run an innovative web-based database of legislation and judicial decisions on product liability, aiming to bring together all judgments under the European Product Liability Directive in all

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the Member States. Each country report includes an analysis of domestic tort and contract law, the relevant procedural background, as well as the implementation of the Directive. This is then supplemented by case reports of all the major decisions in the country under the implemented Directive. Commentary on each decision is provided by a team of national experts drawn from both academia and practice. This is a major research effort; no similar tool exists. We already have a number of countries online. This database is viewable from the PLF webpage (members’ access only): www.biicl.org/plf.

Forum Events Over the past year, a number of seminars have been organized under the aegis of the Forum, bringing together practitioners, academics and poli- cymakers to examine the practical application of policy and developments in product liability and safety law.

Reviewing the Application of the PL Contingency Fees in Comparative Directive; the Commission’s Fourth Perspective: Update on the develop- Report ments in England & Wales compared 20 January 2011 with practice in Germany, Italy and This was an informal seminar at the Spain Institute to discuss the European 18 May 2011 Commission’s ongoing review of the Iram Akhtar, Civil Litigation Funding and effectiveness of the PL Directive. The Cost Issues team, Ministry of Justice, PLF’s response to this Review was also Stefan Lenze, Freshfields Bruckhaus discussed. Deringer LLP London, José Luis Prieto, Freshfields Bruckhaus Deringer LLP Madrid, Avv Daniele Vecchi, Gianni Origoni Grippo & Partners, Italy.

Punitive Damages: Europe Strikes Back 2 November 2011 Professor Rachael Mulheron, Queen Mary, University of London; Professor Marta Requejo Isidro, University of Santiago de Compostela, Spain; Dr Maxi Scherer, WilmerHale, London and Sciences Po, Paris; Dr Francesco Quarta, University of Salento, Lecce, Italy.

During 2011, we welcomed many guest speakers from the UK and abroad, including distinguished speakers from the public sector, as well as other distinguished colleagues. Our public events have also been well attended:

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The Litigation Aftermath of the Focus on Collective Redress—What Global Financial Crisis: Financial now, what next? Services Claims 27 June 2011 25 March 2011 Katia Lenzing, European Commission, Professor Kern Alexander, University of Avv Massimo Todisco, CODACONS, Zurich, Dr David Chekroun, ESCP Italy, Gerard McDermott QC, Outer Europe London & Paris, Professor Temple Chambers, Professor Dr Astrid Michael Dempster, University of Stadler, University of Konstanz, Cambridge, Anthony L. Paccione, Germany, Rob Murray, Crowell & Moring Katten Muchin Rosenman LLP TBC, Dr LLP, David Burstyner, Omnibridgeway, Wolf-Georg Ringe, University of Oxford, Bert Foer, AAI, Christine O’Neill, Brodies Michael Swainston QC, Brick Court LLP, Edinburgh, Stijn Franken, Chambers. NautaDutilh, the Netherlands.

Enforcement of Public Procurement Celebrating 20 Years of Francovich in Rules: Lessons from a Comparative the EU (full day conference) Perspective 17 November 2011 11 April 2011 Paul Berman, Treasury Solicitors; Mark Clough QC, Brodies LLP, Ciara Professor Roberto Caranta, Turin Kennedy-Loest, Hogan Lovells, University, Italy; Sir David Edward Professor Francois Lichère, University KCMG; Jon Lawrence, Freshfields of Aix-Marseille III, Professor Steen Bruckhaus Deringer; Dr Dorota Treumer, University of Copenhagen, Leczykiewicz, Trinity College Oxford; Dr Denmark, Michael Bowsher QC, Tobias Lock, University of Surrey; Monckton Chambers, Professor Dr iur Thomas de la Mare, Blackstone Martin Burgi, Ruhr-Universität Bochum, Chambers; Rob Murray, Crowell & Professor Roberto Caranta, Turin Moring; Dr Renato Nazzini, University of University, Italy, Professor Martin Southampton; Michael Patchett-Joyce, Trybus, University of Birmingham, Outer Temple Chambers; Professor Professor Fabrizio Cassella, Turin Norbert Reich, Emeritus, University of University, Italy, Dr Dacian C Dragos, Bremen; Professor Giuseppe Tesauro, Babes Bolyai University, Romania, Judge, Italian Constitutional Court, former Professor Chris Yukins, George Advocate General of the European Court Washington University Law School. of Justice; Professor Takis Tridimas, Queen Mary, University of London; Professor Richard Whish, King’s College London.

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Product Liability Forum Members

Corporate Members Four New Square Arnold & Porter LLP Ashurst Berrymans Lace Mawer LLP British American Tobacco Clifford Chance Covington & Burling LLP DAC Beachcroft Freshfields Bruckhaus Deringer LLP Henderson Chambers Herbert Smith LLP Hogan Lovells Irwin Mitchell Kennedys Old Square Chambers Reynolds Porter Chamberlain LLP Shook Hardy & Bacon LLP

Individual Members Claire Andrews, Gough Square Chambers Tripp Haston, Bradley, Arant, Boult, Cummings LLP

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

Project Director: Robert McCorquodale Research Fellows: Faria Medjouba and Justine Stefanelli

ATLAS is the result of a response to a call of the European Commission on the topic ‘Articulation of the Rule of Law and Protection of Human Rights at National, European and International Levels’ which falls within the scope of ‘Conflicts, Peace and Human Rights’, within the 7th EC Framework Programme. The overall objective was 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 peacekeeping opera- tions, and to offer recommendations for improvements and best practice in these activities. The four-year long project drew Research Partners to a close in February 2011 with its Centre d’étude et de recherche en droit final conference at BIICL on the international—CERDIN— Université subject of ‘Building Peace in Post- de Paris 1 Panthéon-Sorbonne (Co- Conflict Situations’. The full-day ordinator of the project) Collège de France conference was organised by Universitat Jaume I de Castellon— BIICL and involved each of the Departamento de Derecho Público eight consortium research part- Universitatea din Bucuresti ners. The event focused on several Magna Carta—Human Rights Network subjects including amnesties, International Centre Perelman de philosophie de apologies, truth and reconciliation droit—Université Libre de Bruxelles commissions, reparation of victims Universitat de València and legal issues in international University Jaume I de Castellón prosecutions. A panel was also devoted to the field missions to Sierra Leone, Cambodia and Bosnia and Herzegovina, which were organ- ised by BIICL in 2010. The results of this lengthy and important study were given to the Commission in June 2011 by the lead partner, CERDIN.

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Training and Research on Treaty Law and Practice

Project Director: Jill Barrett Research Fellow: Paul Barnett, Visiting Fellow, formerly Head of Treaty Section, Foreign & Commonwealth Office Consultant: Gerard Limburg, formerly Director of Treaties, Ministry of Foreign Affairs of the Kingdom of the Netherlands

The Institute has established a collaborative project with the Centre for International Law at the University of Singapore, to provide training and carry out research on treaty law and practice. The objective of the joint study is also to publish a book on best treaty practices with respect to national treaty practices including the drafting, processing, signing, ratifi- cation and implementation of treaties, and the management of treaty records and publications. Jill Barrett and Paul Barnett visited the Council of Europe in December 2011 to discuss the project with the Director of Legal Advice and Public International Law and the Treaty Office, and to collect information about Council of Europe treaty practice. The Centre and the Institute jointly held an international workshop on Treaty Law and Practice in Singapore from 16–19 January 2012. Its aim was to set out broad criteria on good treaty practice based on examina- tion of the treaty procedures and practices of selected governments and international organisations. More than 35 participants from the 10 ASEAN member governments and the ASEAN Secretariat attended the Workshop. The speakers at the Workshop were Jill Barrett, Paul Barnett, Gerard Limburg of the Institute’s research team, Professor Robert Beckman, Director of the Centre for International Law and Elise Cornu, Head of the Treaty Office of the Council of Europe.

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Comparative Study on Sensitive Information in Civil Proceedings

Project Directors: Jill Barrett and Jeffrey Jowell

A study commissioned in January 2011 considered the treatment of sensi- tive information in civil litigation in a number of European jurisdictions. Research was carried out by experts on the relevant jurisdictions under the supervision of Jill Barrett and Jeffrey Jowell. The Institute delivered its report in March 2011. Information from this study has informed public debate on the UK Government’s proposals for reform in this area.

European Contract Law Briefing Notes

Project Director: Eva Lein

The Institute is a framework contractor of the European Parliament on European Contract Law. Within that context, it has given its expertise to the European Parliament on the envisaged optional instrument for EU contract law and its relation with rules of private international law includ- ing rules on jurisdiction, recognition and enforcement. The Institute drafted a Briefing Note and presented it at the European Parliament Legal Affairs Committee workshop “An Optional Instrument for EU Contract law” in Brussels.

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Climate Change and its Impact on Security and Survival

Project Director: Robert McCorquodale Research Fellow: Kristin Hausler

This briefing paper on climate change and its impact on security and survival was commissioned by the Commonwealth Secretariat. It identi- fied key security issues for the populations of the Commonwealth, in particular the risks of human rights violations. Inadequate legal frame- works with regard to both climate change induced migration and access to natural resources, whether at the national, regional and international level, pose significant threat to the security and stability of Member States. In addition to recommending continuing efforts within the UNFCCC frame- work, the paper contained other recommendations, such as the need to develop cooperation mechanisms to respond to the existing inadequate legal frameworks. During its July 2011 Meeting in Sydney, Commonwealth Law Ministers and Senior Officials considered this briefing paper. All of the recommen- dations presented were well received by the Ministers. As a result, they resolved, among other things, to “mandate the Commonwealth Secretariat to conduct a comprehensive assessment of the adequacy of such legal frameworks as are currently applicable to populations displaced due to climate change both within states and between states and access to vital natural resources”, thus expanding the mandate of the Commonwealth Secretariat. The Institute carried out this research in 2011. The paper was published in the Commonwealth Law Bulletin, Volume 37, Issue 4, December 2011.

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Collective Redress Web Resources

Project Directors: Eva Lein and Duncan Fairgrieve Research Fellow: Vincent Smith (Visiting Fellow)

Collective redress has increasingly come to the forefront of the European legal arena through mass disasters where redress on an individual basis of the injured parties is subject to significant obstacles in terms of acces- sibility, effectiveness and affordability of court proceedings. Despite this, a common EU procedure for collective redress has still not been devel- oped and there is a lack of comprehensive, neutral and systematic infor- mation on this issue. To fill this gap, the Institute developed the project ‘Focus on Collective Redress’ which aimed at developing a comprehen- sive European and cross-national study on collective redress, through a European Network of academics, practitioners, policy-makers, consumers and SME representative bodies. The core of the project is a comprehen- sive website providing cross-national comparisons on collective redress mechanisms and case law in the EU, underlining issues of commonality and difference, informing about progress on legislation at the EU and on funding of collective actions. The project also comprises meetings, semi- nars and publications. The project will serve as a resource for practition- ers and academics, and also for European legislatures seeking to develop appropriate laws on collective redress.

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Conflict of Laws Rules on Assignment and Subrogation—Article 14 Rome I Regulation

Project Director: Eva Lein Research Fellow: Hayk Kupelyants

In 2011 BIICL undertook a comprehensive research study for the European Commission on proprietary aspects of assignment in the conflicts of laws. At present, Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (‘Rome I Regulation’) does not contain a conflict of laws provision on these aspects and the EU Member States have different approaches to these questions. The Institute Study considered (among other questions) whether a harmonised conflict of laws rule is necessary, whether any such rule should distinguish between transactions of different kinds and on the application of which law it should best be based. The 415 page study consists of a legal, statistical and an empirical part, as well as recommendations and drafting proposals. Account was taken of the needs and views of operators of different kinds within different market sectors. The study served as a basis for the European Commission’s report on Article 14 of the Rome I Regulation (Art.27(2) Rome I Regulation).

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Human Rights and Pre-Trial Procedures: Requirements for Police and Prison Authorities

Project Director: Robert McCorquodale Research Fellow: Kristin Hausler

This study was commissioned by the Commonwealth Secretariat, setting out the Commonwealth and international human rights legal standards in relation to pre-trial detention activities by the police and prison authorities. The scope of the research encompassed the key stages of the pre-trial police investigation and prison use, including police arrest and investiga- tion methods, and conditions of pre-trial detention. This enabled a clarifi- cation of the current minimum human rights standards in relation to pre-trial procedures, and provided recommendations to be considered by Member States, including recommendations on international obligations and national laws, as well as practical recommendations. During its July 2011 Meeting in Sydney, Commonwealth Law Ministers and Senior Officials considered a paper prepared by the Institute as a result of this study. The Ministers took note of the paper which was deemed suitable for publication in the Commonwealth.

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Human Rights Responsibilities in Oil and Gas Operations: Applying the UN Guiding Principles

Project Director: Robert McCorquodale Research Fellow in 2011: Jonathan Bonnitcha

On 16 June 2011 the Guiding Principles on Business and Human Rights were unanimously endorsed by the United Nations Human Rights Council. The stated objective of the Guiding Principles is to enhance ‘standards and practices with regard to business and human rights so as to achieve tangible results for affected individuals and communities’. These Guiding Principles are based on a framework developed by the UN Special Representative, John Ruggie, which has engendered a unique consensus among States, the business community and some parts of civil society. This framework has three pillars:

• A government duty to protect human rights; • A business responsibility to respect human rights; and • Effective judicial and non-judicial remedies.

In 2011 the Institute—through the Bingham Centre for the Rule of Law— in partnership with Clifford Chance LLP, obtained a grant from the Association of International Petroleum Negotiators to study the implica- tions of the Guiding Principles for the international oil and gas industry. This research is to be conducted over nine months and will result in the publication of the study in an oil and gas industry journal in 2012. In addition to a legal perspective on the Guiding Principles and their application to oil and gas companies, the study has included a survey of, and interviews with, oil and gas company representatives to assess what companies are doing in practice to comply with the Guiding Principles. The research will provide recommendations for how to address chal- lenges arising from their implementation, in keeping with the Centre’s approach to provide quality research with a practical application. It is also evident that, while the Framework and Guiding Principles purport not to impose new legal obligations on States or businesses with respect to human rights, they have important legal implications, including in relation to its application to corporations in different industry sectors.

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Iraqi Government Lawyers Investment Law Training

Director: N Jansen Calamita

In 2011 the Investment Treaty Forum partnered with the US Departments of Commerce and State to design and deliver a ten-day program of consultations in Washington with members of the Iraqi Government. The focus of the consultations were the Iraqi Government’s negotiation of new, post-war investment treaties, accession to the ICSID Convention, and consideration of accession to the New York Convention. The consultations were the product of a determination by the Iraqi Minister of Justice to proceed with preparations for Iraq’s possible acces- sion to the ICSID Convention by seeking the advice of international experts on the work of ICSID and the arbitration of international invest- ment disputes. Accordingly, the consultations involved senior officials from Iraq’s State Council, the Ministry of Justice, the Ministry of Foreign Affairs and the National Investment Council. The work in this area is on- going.

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Reparation for Education-Related Violations of International Law

Project Director: Duncan Fairgreave Research Fellow: Kristin Hausler

This project, commissioned by Education Above All, a Qatar-based inter- national NGO which focuses on the protection of education, consisted of a short study aimed at providing an overview of reparation as a means of remedying harm to education. It provided a schematic guide to the vari- ous institutions, procedures, processes and mechanisms which exist at the international level capable of addressing questions of reparation in respect of education. As necessary context for this, the analysis also explained the scope and purpose of the concept of reparation as tradi- tionally understood within the international legal framework as well as explaining how, within the framework of certain legal regimes, this posi- tion is evolving, with potential implications for educational forms of repa- ration. This briefing paper also discussed various modalities of reparation which are used in practice (or which could be used) to redress harm to educational interests. The analysis concluded with a number of recom- mendations as to a variety of further avenues of research which could usefully be considered or explored.

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International Law and Education in Situations of Insecurity and Conflict

Project Director: Robert McCorquodale Research Fellows: Kristin Hausler and Nicole Urban

In 2011, the Institute started to develop a legal resource on the protection of education under international law in times of insecurity and armed conflict. This project is the result of a tender that was offered by Education Above All, a Qatar-based international NGO which focuses on the protec- tion of education during these challenging situations. This study, which will be published in 2012, is timely as there has been very little examination of how the different strands of international law apply to education-related violations during periods of insecurity and conflict. Such examination is essential for both the protection of education itself and for the benefits that derive from it. It is also an essential contri- bution to education for all those involved in situations of insecurity and conflict with regard to the obligations to protect education and to reduce education-related violations. This project pulls together those aspects of international law that may be used to protect education from education-related violations in these difficult situations. Many of these matters of international law in this area frequently overlap, are interwoven and are novel. The project considers the most relevant aspects of International Humanitarian Law, International Criminal Law, and International Human Rights Law. It explores the right to education and related rights, and the protection of students and education staff, and the protection of education facilities. Where possible, examples will be used to demonstrate how the law may apply to specific situations, especially where the materials themselves are inconclusive or incoherent.

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Publications

Criminal Law and the Rights of the Child in Muslim States: A Comparative and Analytical Perspective Nisrine Abiad and Farkhanda Zia Mansoor Published: January 2011 By analyzing legislative and judicial actions in a selection of Muslim and non-Muslim States in relation to the rights of the child in criminal matters, this book aims to identify possible harmonization between the obligations of international human rights law (eg the UN Convention on the Rights of the Child) and the criminal justice systems within each State, particu- larly Islamic law (Sharia). This book features chapters on child offenders in criminal law and Islamic law, and country reports (from rapporteurs) on Afghanistan, Egypt, Lebanon, Iran, Malaysia, Nigeria, Pakistan, Spain, Turkey, the United Arab Emirates, and the United Kingdom. Among other issues, the authors discuss:

• The definition of ‘child’ in criminal law • Rights for child offenders under international law (UNCRC, the Beijing Rules) • Rights of the child under Islamic regional instruments • Islamic law as it relates to child offenders • The age of criminal liability • The death penalty • The role of the judiciary in criminal cases within Muslim jurisdictions

Theoretical and comparative research methods highlight that the position of Islamic law on the age of criminal liability and the legal rights of child offenders is nuanced, both through the way various ways Islamic criminal

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law is implemented, and the role of the judiciary in expanding the protec- tion of juvenile offenders.

‘Inspiring … I found this treatise to be interesting and even enlight- ening. Its study by lawyers, judges, social scientists and academics will broaden their outlook on these important aspects of our legal system.’—Justice Ejaz Afzal Khan, Peshawar High Court

Price: Member: £30 Non-Member: £50

ICLQ Annual Lecture

2011 was the inaugural year of the ICLQ Annual Lecture. When founded in 1952, the ICLQ was the only journal which offered the reader coverage of comparative law as well as public and private international law. Since then it has maintained its pre- eminence as one of the most important journals of its kind and it continues to offer practitioners and academics wide topical coverage without compromising rigorous editorial standards. Under the general editorship of Professor Catherine Redgwell and Professor Robert McCorquodale, the journal continues to attract scholarship of the highest standard from around the world. Articles are submitted by both members and non-members of the Institute and the Editors continue to welcome contributions, which are selected on the basis of excel- lence, reflecting the independence of the ICLQ and the Institute as a whole. The inaugural ICLQ lecture is a celebration of 60 years as the flagstone publication of the British Institute of International and Comparative Law, and will continue as an Annual event from 2012 onwards. The 2011 lecture was delivered by Professor Christine Bell of the University of Ulster on ‘Peace negotiations and gender justice: Woman and UNSC 1325’.

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Conferences, Lectures, Seminars and Other Events

Throughout 2011 the Institute ran a busy calendar of events attracting expert speakers and delegates from around the globe. The January program opened with “Impact of Bribery and Corruption on the International Arbitral Process”. This event examined the impact of the Bribery Act (2010) on the treatment of allegations of corruption and bribery in international arbitration in the United Kingdom and the practical issues involved in the proof of allegations of corruption in arbi- tration. WikiLeaks dominated much of the press on freedom of informa- tion this year and our January program closed with “Freedom of Information in the WikiLeaks Era”. Joshua Rozenberg chaired a panel of expert speakers. In the spring our conference “Building Peace in Post-Conflict Situations” as a part of the ATLAS project (Armed Conflicts, Peacekeeping; Transitional Justice—Law as Solution) attracted a large group of interna- tional speakers and delegates. Our premier calendar event, the Grotius Lecture was held on 3 March. The topic for 2011 was “Foreign Investment Arbitration: A Place for Human Rights?” with the speaker being Judge Bruno Simma of the International Court of Justice who addressed a full house. This year also saw the launch of our inaugural ICLQ lecture “Peace negotiations and Gender Justice: Women and UNSC 1325”. The Institute’s annual conference was held on 10 June at Goodenough College. The theme was “Financial Regulation in a Global Market: Moving Beyond the State”. A Keynote address was delivered by Professor Rosa Lastra of Queen Mary University of London. A number of highly respected speakers lent their voice to the theme in areas of Competition Law; Islamic Law; European Law and Financial Services Law. At the end of June the Institute hosted the “50th London-Leiden Conference on European Law” carrying on this long standing tradition between Leiden University and the Institute. The event was attended by some of the founding members of the exchange group. The Institute remains ready to respond to current and topical issues in International Law

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through Rapid Response events. In July the Institute hosted “European Court Decisions on Human Rights in Iraq”, a rapid-response seminar panel discussion on the decisions of the Grand Chamber of the European Court in Al-Skeini and others v UK and Al-Jedda v UK. During 2011 the Institute maintained and built on relationships with the legal profession, universities and higher-learning institutions through co- sponsorship of events. This year the Institute was pleased to participate as a co-sponsor on several premier events including: “Business and Human Rights: Implementing the UN Guiding Principles” (co-sponsor Clifford Chance); “60 years in International Law: honouring Sir Elihu Lauterpacht QC” (co-sponsor 20 Essex Street chambers) and the Sir William Dale Annual Memorial Lecture (co-sponsor Institute for Advanced Legal Studies). European Law took the event team to Edinburgh this year for our October event “European Convergence? The European Union’s Participation in the European Convention on Human Rights”. Professor Sir David Edward, Vice-President of the Institute and Professor Emeritus, University of Edinburgh, chaired a distinguished group of speakers includ- ing: Lord Hope of Craighead, Deputy President of the UK Supreme Court; Professor Alan Boyle, University of Edinburgh; Tim Eicke QC, Essex Court Chambers; Patrick Layden QC TD, Scottish Law Commission and Adam Weiss, The AIRE Centre. The Institute continued to support its annual program of meetings and events for professional forum group members of the CLF (Competition Law Forum), ITF (International Treaty Forum) and PLF (Product Liability Forum). Building on their work during 2011, the Forums held a number of public conferences and all were well attended. We thank members for their continued contribution to these expert professional groups. Our event season for 2011 concluded with familiar annual events but also new event topics. The 35th FA Mann lecture entitled “Judicial and Political Decision Making: The Uncertain Boundary” saw Jonathan Sumption QC address a full house at Lincoln’s Inn Old Hall. “Insolvency: Current Questions in Cross-Border Scenarios” in November examined various topics, such as the interrelation of cross-border assignment and insolvency law; the effects of insolvency on international arbitration proceedings; current developments on the recognition in the United Kingdom of judgments entered in foreign insolvency proceedings; the shortcomings of the Insolvency Regulation and potential remedies, includ- ing an EU wide harmonisation of bankruptcy laws (this event was spon- sored by Herbert Smith as part of the Private International Law Series). The Institute holds in excess of 65 public events annually and is recog- nised as a CPD training provider by the Solicitors Regulatory Authority and Bar Standards Board for England and Wales. In 2011 our events attracted 3,359 delegates including legal professionals; academics and post-graduate law students.

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Institute Development

The Development Appeal The Institute’s Development Appeal was established with the principal objective of raising funds for the Bingham Centre for the Rule of Law and the Arthur Watts Senior Research Fellowship in Public International Law. A report on the progress of each Appeal is listed below. We are also extremely fortunate to have had the continued support of Herbert Smith LLP in relation to the Herbert Smith Senior Research Fellow in Private International Law and of The Dorset Foundation, whose generosity over the years has provided the funding for the Dorset Senior Research Fellow in Public International Law, and the Institute’s Development Director.

The Bingham Appeal The year started with £1.6 million received or pledged against a target of £2.25 million. By the end of the year a further £420,000 has been raised in donations and pledges bringing the current total to over £2,020,000. This uplift is largely due to new support from law firms and compa- In 2011 the Bingham Appeal nies, including BP PLC, White & raised just over £2million, and Case LLP, DLA Piper LLP, Ashurst the Arthur Watts Appeal LLP and Berwin Leighton Paisner. £395,000 in donations and The Bingham family have also pledges. been very generous both in terms of personal donations and in ensuring that the Bingham Centre for the Rule of Law was named as the beneficiary of the retiring collection at Lord Bingham’s memorial service. These donations combined gave the Institute the confidence to recruit the Centre’s Research Fellow posts who will be in place by January 2012. A further £250,000 needs to be raised to ensure adequate funding of the Centre for its first five years with additional funding sought for its long term stability. More information on the activities of the Bingham Centre and its plans for the future can be found in this Annual Report. We are extremely grateful to all of those donors listed below who have contributed so much both in funds and in the giving of their time and effort. Space prohibits listing all of our donors but those who have given partic- ularly generously are listed below.

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3 Verulam Buildings James Goudie QC 11 King’s Bench Walk The Rt Hon Lord Griffiths MC The Rt Hon Sir Richard Aikens The Rt Hon Baroness Hale of The Hon Sir Robert Akenhead Richmond Allen & Overy LLP The Hon Sir Launcelot Henderson Robin Allen QC Hogan Lovells David Anderson QC Sir Christopher Hogg Claire Armstrong The Rt Hon Lord Hope of Craighead The Hon Sir Richard Arnold Michael Hutchings OBE Ashurst LLP The Rt Hon Sir Michael Hutchison The Hon Sir David Bean The Rt Hon Lord Hutton The Hon Sir Rodger Bell IBA Charitable Trust Sir Christopher Bellamy QC The Rt Hon Robin Jacob Michael Beloff QC Sir Francis Jacobs KCMG QC Berwin Leighton Paisner LLP The Hon Sir Edwin Jowitt Catherine Bingham The Rt Hon Sir David Keene Lady Bingham The Rt Hon Sir Paul Kennedy The Rt Hon Lord Bingham of Cornhill KG The Law Society The Hon Sir William Blair Alexander Layton QC BP Plc Sir Jeremy Lever KCMG QC Michael Brindle QC Clive Lewis QC The Rt Hon Sir Henry Brooke The Hon Sir Kim Lewison The Hon Charles N. Brower Linklaters LLP Lord and Lady Browne-Wilkinson Lord Lloyd of Berwick DL The Hon Sir Roger Buckley The Rt Hon Sir Andrew Longmore The Rt Hon Sir Richard Buxton Macfarlanes LLP Monica Carss-Frisk QC The Rt Hon Lord Mackay of Clashfern KT The Rt Hon Sir John Chadwick Gavin Millar QC The Rt Hon Sir Anthony Clarke Richard Miller QC The Hon Sir Christopher Clarke Iain Milligan QC Clifford Chance LLP The Rt Hon Sir Martin Moore-Bick Christopher Coombe The Rt Hon Sir John Mummery The Hon Sir Ross Cranston Sir Torquil Norman Peter Cruddas Foundation Timothy Otty QC Rhodri Davies QC The Hon Sir Robert and Lady Owen DLA Piper LLP Tim Owen QC Barbara Dohmann QC The Rt Hon Sir Roger Parker Eamonn Doran David Perry QC The Drapers’ Company The Estate of FA Mann The Hon Sir Richard Field The Rt Hon Lord Phillips of Worth Michael Fordham QC Matravers Prof Malcolm Forster The Pilgrim Trust Fountain Court Chambers The Rt Hon Sir Mark Potter Lady Fox CMG QC The Rt Hon Sir Stephen Richards Freshfields Bruckhaus Deringer LLP The Rt Hon Sir Bernard Rix The Rt Hon Sir Peter Gibson WSM Robinson The Rt Hon Sir Iain Glidewell The Hon Mr Justice Roth QC Richard Godden The Salih Family The Golden Bottle Trust Peter Scott CBE QC Prof Sir Roy Goode CBE LLD FBA QC Shell International Ltd & Lady Goode Sidley Austin LLP cont.

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Simmons and Simmons The Hon Sir Paul Walker The Hon Mr Justice Singh Sir Timothy Walker Slaughter and May (current and retired The Rt Hon Sir Mark Waller partners) Dame Juliet Wheldon DCB QC The Hon Sir Andrew Smith White & Case LLP The David & Elaine Potter Foundation The Rt Hon Sir Nicholas Wilson Rhodri Thompson QC The Hon Sir Roderic Wood VV Veeder QC The Hon Sir Michael Wright Vivmar Foundation Timothy Young QC

The Arthur Watts Appeal The Institute’s appeal for the Arthur Watts Senior Research Fellowship in Public International Law started the year at £228,332 and now stands at £395,000 of its initial £500K target to cover the running costs for the Fellowship for five years. The most significant donation in this period was a contribution from Allan Myers AO QC of Melbourne, to whom we are very grateful. Other significant donors this year have been the Foreign and Commonwealth Office and a number of public international lawyers who have been involved in the Institute and were close to Sir Arthur Watts. The Institute is delighted to announce the appointment of Jill Barrett to be the inaugural Arthur Watts Senior Research Fellow in Public International Law from January 2012. The Institute wishes to thank Sir Franklin Berman KCMG QC, who has led the fundraising for this Fellowship. We are grateful to all of those donors listed below for their generous support.

David Bentley Dame Rosalyn Higgins DBE FBA QC Sir Franklin Berman KCMG QC Colin Keating The Binks Trust HSH Prince Hans-Adams II of The Hon Charles N. Brower Liechtenstein High Commissioner of Brunei Prof Vaughan Lowe QC Darussalam Prof Maurice Mendelson QC Jeremy Carver CBE Allan Myers AO QC David M. Craig QC The Hon Sir Richard Plender Prof James Crawford SC LLD FBA Prof Philippe Sands QC David M Edwards CMG R M Timpson Sir Gerald Elliot VV Veeder QC Sir Michael Fay The Watts Family Foreign & Commonwealth Office Prof Stephen Weatherill Lady Fox CMG QC David Williams QC Cecilia Gillett Sir Michael Wood KCMG HE Judge Sir Christopher Greenwood Samuel Wordsworth CMG QC Anonymous HE Ms Dell Higgie

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Donations to the Institute The Herbert Smith Fellow in Private International Law Supported by Herbert Smith LLP

The Dorset Fellow in Public International Law & Institute Development Director Supported by The Dorset Foundation

Susan Bright The Estate of Lord Bingham of Cornhill KG Lady Bingham The Hon Sir William Blair Sir Jeremy Lever KCMG QC Sir Sydney Kentridge KCMG QC

Finally, we would like to thank all of those individuals and organizations who have supported the Institute’s Development.

If you wish to support any aspect of the Institute’s work, please contact the Institute on 020 7862 5151 or [email protected]. Donations may also be made on line by visiting http://www.biicl.org/development/support/

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Company Registration No. 615025 Charity Registration No. 209425

Summarised Financial Statements

For the Year Ended 31 December 2011

BIICL 2011 INCOME

2.56% 2.75%

25.27% 28.57% Fundraising Research Member Services Publications Events Voluntary Income Other 14.93% 12.08%

13.84%

BIICL 2011 EXPENDITURE

1.37% 5.62%

23.31% Fundraising Research Member Services Publications 41.87% Events 12.56% Support Costs Other

4.54% 10.73%

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THE BRITISH INSTITUTE OF INTERNATIONAL AND COMPARATIVE LAW SUMMARISED STATEMENT OF FINANCIAL ACTIVITIES (Incorporating an Income & Expenditure Account) FOR THE YEAR ENDED 31 DECEMBER 2011

Unrestricted Restricted Endowment Total Total Funds Funds Funds 2011 2010 £ £££ £ INCOMING RESOURCES Incoming resources from generated funds: Voluntary Income 23,299 501,424 – 524,723 703,215 Activities for generating funds: Fundraising grant income 50,000 – – 50,000 70,000 Rental income 20,698 – – 20,698 24,100 Investment and other income 21,832 4,646 – 26,478 16,551 Incoming resources from charitable activities: Member services 274,269 – – 274,269 279,251 Publications and journals 254,270 – – 254,270 233,337 Conferences and seminars 221,895 – – 221,895 187,883 Research programmes 476,539 (12,480) – 464,059 529,730 ————– ————– ———— ————— ————— Total incoming resources 1,342,802 493,590 – 1,836,392 2,044,067 ———— ———— ———— ————— —————

RESOURCES EXPENDED Costs of generating funds: Fundraising costs 51,742 32,674 – 84,416 77,564 Charitable activities: Member services 160,621 – – 160,621 142,985 Publications and journals 68,136 – – 68,136 61,355 Conferences and seminars 188,445 – – 188,445 137,306 Research programmes 375,982 252,195 – 628,177 446,145 Support costs: Staff costs 193,757 – – 193,757 205,423 Support costs: Premises & other costs 122,231 33,737 – 155,968 127,663 Depreciation & loss on disposals 12,678 – – 12,678 13,851 Governance costs 7,933 – – 7,933 9,402 ————— ————— ————— ————— ————— Total resources expended 1,181,525 318,606 – 1,500,131 1,221,694 ————— ————— ————— ————— —————

Net incoming resources before 161,277 174,984 – 336,261 822,373 other recognised gains and losses Gross transfers between funds 6,607 (6,607) – – – Other recognised gains and losses Unrealised net gains on investments (7,219) – – (7,219) 5,275 ————— ————— ————— ————— ————— Net movement in funds 160,665 168,377 – 329,042 827,648

Reconciliation of funds Total funds brought forward 592,193 981,357 402,042 1,975,592 1,147,944 ————— ————— ————— ————— ————— Total funds carried forward 752,858 1,149,734 402,042 2,304,634 1,975,592 ————— ————— ————— ————— —————

CONTINUING OPERATIONS None of the charity’s activities were acquired or discontinued during the above two financial years.

TOTAL RECOGNISED GAINS AND LOSSES The charity has no recognised gains or losses, other than the above movement in funds for the above two financial years.

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THE BRITISH INSTITUTE OF INTERNATIONAL AND COMPARATIVE LAW SUMMARISED BALANCE SHEET AS AT 31 DECEMBER 2011

2011 2010 FIXED ASSETS £ £ £

Tangible assets 73,580 54,362 Investments 245,865 246,012 ————— ————— 319,445 300,374 —————- ————— CURRENT ASSETS Stocks 6,588 19,533 Debtors 305,814 215,559 Cash at bank and in hand 2,274,384 1,821,529 ————— ————— 2,586,786 2,056,621 ————— —————

CREDITORS: amounts falling due within one year (601,597) (381,403) ————— ————— NET CURRENT ASSETS 1,985,189 1,675,218 —————- ————— TOTAL ASSETS LESS CURRENT LIABILITIES 2,304,634 1,975,592 —————- ————— ENDOWMENT FUNDS Sunley – Percy Rugg Endowment Fund 140,255 140,255 Sunley – Sebag Shaw Endowment Fund 140,255 140,255 Barnett Shine Charitable Foundation Fund 121,532 121,532 ————— ————— 402,042 402,042

RESTRICTED FUNDS 1,149,734 981,357

UNRESTRICTED FUNDS General Fund 653,205 504,540 Fixed Assets Fund 73,580 54,362 Revaluation Reserve Fund 26,073 33,291 ————— ————— 752,858 592,193 —————- ————— 2,304,634 1,975,592 —————- —————

These summarised accounts have been prepared from the draft full annual accounts of the British Institute of International and Comparative Law. As such these accounts have not been extracted from the final full annual accounts and therefore have not been audited. Their purpose is therefore to provide limited financial information as to the financial activ- ities and results of the Institute for the year ended 31 December 2011 together with its finan- cial position as at 31 December 2010. They may not contain sufficient information to allow for a full understanding of the financial affairs of the charity. For further information, copies of the full audited accounts can be obtained from the British Institute of International and Comparative Law, Charles Clore House, 17 Russell Square, London WC1B 5JP.

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