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Investment Treaty Forum #Itflaw Investment Treaty Forum Twenty Ninth ITF Public Conference Treaty Law Issues in International Investment Law Friday, 20 October 2017 The British Academy, 10-11 Carlton House Terrace, London SW1 5AH Delegate Pack Lunch Sponsored by Media Partner #itflaw Twenty Ninth ITF Public Conference | Treaty Law Issues in International Investment Law Delegate Pack CONTENTS CONFERENCE OVERVIEW .................................................................................................. 1 PRACTICAL INFORMATION ................................................................................................ 1 AGENDA ........................................................................................................................... 2 SPEAKER BIOGRAPHIES ...................................................................................................... 4 INVESTMENT TREATY FORUM ........................................................................................... 12 NOTES ............................................................................................................................ 14 0 Twenty Ninth ITF Public Conference | Treaty Law Issues in International Investment Law Delegate Pack CONFERENCE OVERVIEW Questions of applicability, interpretation and succession of treaties are decisive for resolution of many investor-state disputes. Although States can be bound by treaties under international law, investors are not parties to treaties but still have rights and obligations under international investment law. Complex issues of treaty law may arise at the stage of entering into effect and application of unratified investment treaties, for example related to the impact of unratified treaties on customary international law and provisional application of unratified treaties, such as the Energy Charter Treaty. When applying and interpreting international treaties, tribunals also deal with issues of application of investment treaties in the context of territorial changes and armed conflicts. They also rely on the Vienna Convention on the Law of the Treaties and engage other extraneous legal rules and actors for treaty interpretation. On 20 October 2017 leading arbitrators, practitioners and academics, drawn primarily from ITF members will gather in London to discuss the interplay between law of treaties and international investment law at the Twenty Ninth ITF Public Conference. PRACTICAL INFORMATION Venue The British Academy, 10-11 Carlton House Terrace, London SW1Y 5AH Nearest Underground stations Charing Cross (Cockspur Street exit) – 6 minute walk to venue Piccadilly Circus (Lower Regent Street exit) – 7 minute walk to venue Wi-Fi access Username: 10-11cht Password: hospitality 1 Twenty Ninth ITF Public Conference | Treaty Law Issues in International Investment Law Delegate Pack AGENDA 8:30-9:00 | Registration with tea/coffee 9:00-9:15 | Welcome and introduction Professor Yarik Kryvoi, Investment Treaty Forum, British Institute of International and Comparative Law 9:15-10:00 | Keynote address Professor Campbell McLachlan QC, Victoria University of Wellington Law School, New Zealand 10:00-11:30 | Panel 1: Entering into Effect and Application of Unratified Investment Treaties Chair: Maurice Mendelson QC, Blackstone Chambers, United Kingdom Davinia Aziz, Attorney-General’s Chambers/National University of Singapore, Singapore Graham Coop, Volterra Fietta, United Kingdom Professor Emmanuel Gaillard, Shearman & Sterling, France 11:30-12:00 | Tea/coffee break 12:00-13:30 | Panel 2: Application and interpretation of international treaties Chair: Sir Frank Berman KCMG QC, Essex Court Chambers, United Kingdom Romesh Weeramantry, Clifford Chance, Hong Kong David Gaukrodger, OECD, France Professor Tomoko Ishikawa, Nagoya University, Japan 13:30-14:30 | Lunch 2 Twenty Ninth ITF Public Conference | Treaty Law Issues in International Investment Law Delegate Pack 14:30-16:00 | Panel 3: Termination, withdrawal, succession of investment treaties Chair: Paula Hodges QC, Herbert Smith Freehills, United Kingdom Professor Nicolas Angelet, Liedekerke Wolters Waelbroeck Kirkpatrick, Belgium David Goldberg, White & Case, United Kingdom Professor Yarik Kryvoi, British Institute of International and Comparative Law, United Kingdom 16:00-16:30 | Closing remarks Audley Sheppard QC, Clifford Chance and ITF Advisory Board, United Kingdom This programme is subject to change. 3 Twenty Ninth ITF Public Conference | Treaty Law Issues in International Investment Law Delegate Pack SPEAKER BIOGRAPHIES Professor Campbell McLachlan QC Victoria University of Wellington Law School (New Zealand) Keynote Speaker Campbell McLachlan QC is Professor of Law at Victoria University of Wellington and an Associate Member of Bankside Chambers (Auckland & Singapore) & Essex Court Chambers (London). He is author (with Weiniger & Shore) of International Investment Arbitration: Substantive Principles (2nd edition, Oxford UP, 2017). He is a Specialist Editor of Dicey, Morris & Collins on the Conflict of Laws (15th edn 2012) and Joint Editor-in-Chief of ICSID Review–Foreign Investment Law Journal. In 2015, he was elected to the Institut de Droit International and is Rapporteur of its 18th Commission on Equality of Parties before International Investment Tribunals. He is a member of the ICSID Panel of Arbitrators, serving as President or member of a number of international arbitral tribunals under the auspices of ICSID, the PCA and the ICC. He holds an LL B (Hons) degree from Victoria University of Wellington, a PhD from the University of London and the Diploma cum laude of The Hague Academy of International Law. Professor Nicolas Angelet Liedekerke Wolters Waelbroeck Kirkpatrick (Belgium) Nicolas Angelet is professor of international law in the Université Libre de Bruxelles (ULB), a partner with the Belgian law firm Liedekerke, and an associate tenant of Doughty Street Chambers. Nicolas’ areas of expertise cover all aspects of public international law, including investment law and investor-state dispute settlement, immunities, the law and governance of international organisations, international law against corruption, human rights, UN and unilateral sanctions, territorial regimes and the law of armed conflicts. He is a member of the ICSID panel of conciliators (appointed by Belgium) and of the ICSID panel of arbitrators (appointed by Burundi). Nicolas has served as counsel on issues of international law to governments, international organisations, corporations and individuals, before domestic courts in various countries, as well as in international proceedings, including ICSID, PCA, ICJ, the UN Human Rights Committee, subsidiary organs of the UN Security Council and the European Court of Human Rights. 4 Twenty Ninth ITF Public Conference | Treaty Law Issues in International Investment Law Delegate Pack Davinia Aziz Attorney-General's Chambers/National University of Singapore (Singapore) Davinia is Senior State Counsel in the International Affairs Division of the Attorney-General’s Chambers. At the AGC, Davinia provides legal services to Singapore Government agencies on the full spectrum of public international law issues. She has particular practice interests in the law of the sea and maritime boundaries, international dispute settlement, and the legal work of the United Nations. At NUS, Davinia teaches a course on international organizations. She has also published on this topic in the International Organizations Law Review (Brill) and the Asian Journal of International Law (Cambridge University Press). Davinia holds law degrees from the New York University School of Law, where she was a Hauser Global Scholar, the University of Oxford, and the National University of Singapore. Sir Frank Berman KCMG QC Essex Court Chambers (UK) Sir Franklin (Frank) Berman joined HM Diplomatic Service in 1965 and was the Legal Adviser to the Foreign & Commonwealth Office from 1991-99. For the past 17 years he has been in practice in Essex Court Chambers specializing in international arbitration and advisory work in international law. He is Visiting Professor of International Law at Oxford and the University of Cape Town. His 50-year career in international law and diplomacy has spanned a wide and varied field, including settlement of disputes; the law of treaties; State responsibility; diplomatic and State immunity; maritime delimitation; the law of the Continental shelf; outer space and nuclear energy; the law of international organisations; the UN Security Council; the laws of war and neutrality; international criminal tribunals; and numerous other areas. Sir Frank has served as Judge ad hoc on the International Court of Justice in the Case concerning Certain Property (Liechtenstein v. Germany) and was appointed by the Lord Chief Justice as the Legal Member of the Court of Arbitration in the Kishenganga dispute between Pakistan and India under the Indus Waters Treaty. He successfully represented Cambodia before the International Court in the Case concerning the Temple of Préah Vihear (Interpretation). He was appointed by the British Government in 2004 to the list of Arbitrators under the ICSID Convention, and is currently sitting or has recently sat in five ICSID arbitrations as Chairman and seven as Party- appointed Arbitrator (both claimant and host State), and in five ICSID annulment proceedings, as well as in arbitrations under the ICC, PCA, Stockholm Arbitration Institute and LCIA (sole arbitrator), and ad hoc. 5 Twenty Ninth ITF Public Conference | Treaty Law Issues
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