Sir Elihu Lauterpacht QC Issue : Vol
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Elihu Lauterpacht, LCIL and the Lauterpacht Tradition James
Elihu Lauterpacht, LCIL and the Lauterpacht Tradition James Crawford AC* My focus here is Eli’s relation to what is still thought of as the Lauterpacht tradition of thinking about and doing international law, a tradition largely identified with his father, Hersch Lauterpacht, scholar and judge – but which Eli contributed to perpetuating and consolidating.1 Precisely because Hersch’s contribution is even now so well-known, nearly 60 years after his death, it seems appropriate to focus first on Eli’s own, distinct, career. This one can in part recall by listing the various things he started or continued and which are in many cases now institutions, which embody new ideas or which at least evoke strong memories. This account is of course merely indicative. First there was judging and arbitrating. He was once appointed an ad hoc judge in a case before the International Court, in the early stages of Bosnian Genocide. His separate opinion in that case (in some respects a dissenting opinion) is notable for its analysis of the role of the ad hoc judge. He said… consistently with the duty of impartiality by which the ad hoc judge is bound, there is still something specific that distinguishes his role. He has, I believe, the special obligation to endeavour to ensure that, so far as is reasonable, every relevant argument in favour of the party that has appointed him has been fully appreciated in the course of collegial consideration and, ultimately, is reflected – though not necessarily accepted – in any separate or dissenting opinion…2 * © James Crawford, 2017. -
Conversations with Professor Sir Elihu Lauterpacht Postscript
Conversations with Professor Sir Elihu Lauterpacht Postscript Date: 30 May 2008 Between January and May 2008, Sir Elihu was interviewed seven times at his home in Herschel Road Cambridge to record his reminiscences of seventy years of his own, and his father’s associations with the Faculty. The interviews were recorded, and the audio version is available on this website with this transcript of those recordings. The questions and topics are sequentially numbered in the six interviews for use in a database of citations made across the Eminent Scholars Archive to personalities mentioned therein. Interviewer: Lesley Dingle (questions and topics are in bold type) Sir Elihu’s answers are in normal type. Comments added by LD, in italics. All footnotes added by LD. 183. Sir Eli, you have told me of your concern at having failed to speak appreciatively of the many people who’ve helped you in your career. I wonder whether you would like to say something by way of a postscript to your interviews? Well, what I’m about to say is to be contrasted with the six interviews that we’ve already had. These interviews were all relatively extemporary, they weren’t specially prepared. I did not speak from a prepared script, but what I have to say now has been more carefully thought out. As I read over the transcript of the six preceding interviews, I was struck by the dominating focus of their attention to what I, myself, have done over the years. This was, perhaps, inescapable as the questions that I was asked were about me and the answers were, accordingly, limited. -
East Timor's Case in the ICJ: Will the Court Decide Whether
East Timor’s Case in the ICJ: Will the Court Decide Whether Spying Violates International Law? Ashley Deeks - Lawfare - 22 January 2014 http://www.lawfareblog.com/2014/01/east-timors-case-in-the-icj-will-the-court-decide-whether- spying-violates-international-law/#.UuA4w6XOhhA In December, East Timor initiated a case against Australia in the International Court of Justice. The facts are out of a Tom Clancy novel. In short, East Timor alleges that Australia bugged an East Timorese cabinet office during bilateral negotiations about an important maritime treaty (the 2002 Timor Sea Treaty) between the two countries, in order to gain intelligence about East Timorese strategy and negotiating positions. East Timor initiated arbitration against Australia, claiming that Australia’s alleged bugging during negotiations rendered the Timor Sea Treaty invalid. That arbitration is private (i.e., closed). That brings us to the ICJ case. East Timor further contends that on December 3, 2013, officers of the Australian Security Intelligence Organization, pursuant to a warrant issued by the Australian Attorney General, raided the office of East Timor’s Australian lawyer in Canberra and seized documents, a laptop, an iPhone, and a thumb drive. Some of those documents related to the pending arbitration. But news sources report that the raid also was an attempt to seize information that may have revealed information about the Australian bugging scheme, including statements by a former Australian intelligence officer disclosing Australian national security information to East Timor. For those interested, EJIL Talk has a useful post setting out additional factual details and background. East Timor’s filing for provisional measures in the ICJ “requests the Court to adjudge and declare . -
TRINITY COLLEGE Cambridge Trinity College Cambridge College Trinity Annual Record Annual
2016 TRINITY COLLEGE cambridge trinity college cambridge annual record annual record 2016 Trinity College Cambridge Annual Record 2015–2016 Trinity College Cambridge CB2 1TQ Telephone: 01223 338400 e-mail: [email protected] website: www.trin.cam.ac.uk Contents 5 Editorial 11 Commemoration 12 Chapel Address 15 The Health of the College 18 The Master’s Response on Behalf of the College 25 Alumni Relations & Development 26 Alumni Relations and Associations 37 Dining Privileges 38 Annual Gatherings 39 Alumni Achievements CONTENTS 44 Donations to the College Library 47 College Activities 48 First & Third Trinity Boat Club 53 Field Clubs 71 Students’ Union and Societies 80 College Choir 83 Features 84 Hermes 86 Inside a Pirate’s Cookbook 93 “… Through a Glass Darkly…” 102 Robert Smith, John Harrison, and a College Clock 109 ‘We need to talk about Erskine’ 117 My time as advisor to the BBC’s War and Peace TRINITY ANNUAL RECORD 2016 | 3 123 Fellows, Staff, and Students 124 The Master and Fellows 139 Appointments and Distinctions 141 In Memoriam 155 A Ninetieth Birthday Speech 158 An Eightieth Birthday Speech 167 College Notes 181 The Register 182 In Memoriam 186 Addresses wanted CONTENTS TRINITY ANNUAL RECORD 2016 | 4 Editorial It is with some trepidation that I step into Boyd Hilton’s shoes and take on the editorship of this journal. He managed the transition to ‘glossy’ with flair and panache. As historian of the College and sometime holder of many of its working offices, he also brought a knowledge of its past and an understanding of its mysteries that I am unable to match. -
1 Conversations with Professor Sir Elihu
1 Conversations with Professor Sir Elihu Lauterpacht Fifth Interview: The Nineties and new Millennium Date: 28th March 2008 Between January and May 2008, Sir Elihu was interviewed seven times at his home in Herschel Road Cambridge to record his reminiscences of seventy years of his own, and his father’s associations with the Faculty. The interviews were recorded, and the audio version is available on this website with this transcript of those recordings. The questions and topics are sequentially numbered in the six interviews for use in a database of citations made across the Eminent Scholars Archive to personalities mentioned therein. Interviewer: Lesley Dingle (questions and topics are in bold type) Sir Elihu‟s answers are in normal type. Comments added by LD, in italics. All footnotes added by LD. Sir Elihu. It‟s a great day today, because it‟s the first time in 15 months that I‟ve been able to even begin to get back to dealing with my father‟s biography, other things have just kept on intervening. Yes, that must be very satisfying. Bearing in mind his interests, I hope it will be! 100. Well, Sir Eli, we’ve come to the fifth talk in our interviews. Last week, we reached the mid 1990s. I wonder if we could begin today with the time when you were knighted in 1998. I wonder whether you have any recollections of the ceremony when you met the Queen? 1999. Yes, I have some recollection of a very pleasant occasion. I ought just to say that I do not know why I was knighted. -
Human Rights and Genocide: the Work of Lauterpacht and Lemkin in Modern International Law
The European Journal of International Law Vol. 20 no. 4 © EJIL 2010; all rights reserved .......................................................................................... Human Rights and Genocide: The Work of Lauterpacht and Lemkin in Modern International Law Ana Filipa Vrdoljak* Abstract 2008 marked the sixtieth anniversary of the adoption of the Genocide Convention and Uni versal Declaration of Human Rights by the UN General Assembly. These two instruments adopted and proclaimed by the then newly formed world body on successive days, 9 and 10 December 1948 respectively, represent two sides of one coin. Born of the horrors of the 1930s and 1940s, the United Nations Charter speaks of human rights and to the import ance of the rule of law. The Genocide Convention and UDHR are integral to the pursuit of these aims. The work of two international lawyers, Hersch Lauterpacht and Raphael Lemkin, whose personal and familial histories traverse the tragedies of 20th century Europe, was instrumental in the realization of these twin efforts. This article examines their respective contributions to contemporary international law by concentrating on their European experi ence from their youth in Central Europe and the early days of the League of Nations to their mature work up to and including the Nuremberg Judgment. Important events – whether serious, happy or unfortunate – do not change a man’s soul, they merely bring it into relief, just as a strong gust of wind reveals the true shape of a tree when it blows off all its leaves. Such events highlight what is hidden in the shadows; they nudge the spirit towards a place where it can flourish.1 1 Introduction To say that a single individual’s work has profoundly shaped a discipline such as inter- national law is a statement that is rarely made. -
SPEECH ACTS and SPEAKER INTENTION in the CASE CONCERNING SOVEREIGNTY OVER the ISLANDS of SIPADAN and Llgitan
SPEECH ACTS AND SPEAKER INTENTION IN THE CASE CONCERNING SOVEREIGNTY OVER THE ISLANDS OF SIPADAN AND LlGITAN Hafdza Burhanudccn School of Language Studies and Linguistics Faculty of Socia! Sciences and Humanities Universiti Kebangsaan Malaysia Abstract Language I:; frequently used as. a persuasive tool among countries as a dispute resolution mechanism either through diplomatic negotiation or through arbirrmion or adjudiccHioll mcchanism� such as the (mernational Court of Justice in The llague, The Ncther!and�. Inherent within language are a myriad of speech acts designed to convey either implicitly or explicitly the communiC<llive intent of Ihe speakers. involved. This paper seeks to highlight speaker inrclHion via the kinds of speech acts used in the language of Counsels representing Malaysia and Indonesia ill the case concerning sovereignty over the twO islands of Sipadan and Ligitan on June 3-12, 2002 at the InternatiOlHl1 Court of Justice. Data for this paper is extracted primmily from the verbatim records of Sir Elihu Lauterpacht, Q.C., C.B.E. \cad Counsel for Malaysia and Sir Arthur Watts, Q.C. Counsel for the Republic of Indonesia. Introduction and hackgfOund information The long standing dispute between the Government of Malaysia and the Republic of lndonesia concerning sovereignty over the islands of Sipadan and Ligitan came to an end on December 17,2002 when the International Court of 28 JOURNAL OF MODERN LANGUAGES Justice in The Hague awarded Malaysia the two islands by an overwhelming 16-1 majority The case involving international and local legal experts on both sides witnessed the emergence of various speech acts , all with the ultimate goal of effectively persuading the Court in their favour. -
Nuclear Weapons in International Law and Politics
Nuclear Weapons in International Law and Politics 10th Anniversary of the ICJ’s Advisory Opinion on the Legality of the Threat or Use of Nuclear Weapons. 16 March 2007 12.30-18.30 British Institute of International and Comparative Law, Charles Clore House, 17 Russell Square, London WC1B 5JP PROGRAMME Time 12:30−13:00 Registration 13:00−14:45 Session I: Revisiting the Advisory Opinion: Substantive Law The 1972 ICJ Nuclear Test Cases (New Zealand v France and Australia v France) and the 1994 Request by New Zealand for an Examination of the Judgement Professor Sir Elihu Lauterpacht QC, Lauterpacht Research Centre for International Law, University of Cambridge The Use of Nuclear Weapons and the Protection of the Environment During International Armed Conflict Dr Erik Koppe, Lecturer, Groningen University, Faculty of Law Right and Wrong, Then and Now: The Nuclear Weapons Advisory Opinion and Humanitarian Law Dr Robert Cryer, Reader, Nottingham University, School of Law 14:45−15:00 Break 15:00−16:45 Session II: Nuclear Weapons, International Law and Politics Nuclear Weapons and the Right to Self-Defence Dr Michael Byers, Canada Research Chair in Global Politics and International Law, University of British Columbia Great Powers, Law and Nuclear Weapons Dr Gerry Simpson, Reader in Law, London School of Economics (LSE), Law Department Nuclear Weapons and the UN Security Council Matthew Happold, Reader, University of Hull, Law School 16:45−17:00 Coffee/Tea Break 17:00−18:30 Session III: The Nuclear Non-Proliferation Regime System The Nuclear Non-Proliferation Treaty: Time for Restructuring? Dr Daniel Joyner, Associate Professor, Warwick School of Law Realistic Options to Strengthen the Nuclear Non-Proliferation Treaty Dr Ian Anthony, Project leader of Non-Proliferation and Export Control Project (NEC), Stockholm International Peace Research Institute (SIPRI) Wine and Cheese Reception . -
Durham E-Theses
Durham E-Theses Sir Hersch Lauterpacht as a prototype of post-war modern international legal thought: analysis of international legalism in the universalisation process of the European law of nations Kita, Yasuo How to cite: Kita, Yasuo (2003) Sir Hersch Lauterpacht as a prototype of post-war modern international legal thought: analysis of international legalism in the universalisation process of the European law of nations, Durham theses, Durham University. Available at Durham E-Theses Online: http://etheses.dur.ac.uk/3656/ Use policy The full-text may be used and/or reproduced, and given to third parties in any format or medium, without prior permission or charge, for personal research or study, educational, or not-for-prot purposes provided that: • a full bibliographic reference is made to the original source • a link is made to the metadata record in Durham E-Theses • the full-text is not changed in any way The full-text must not be sold in any format or medium without the formal permission of the copyright holders. Please consult the full Durham E-Theses policy for further details. Academic Support Oce, Durham University, University Oce, Old Elvet, Durham DH1 3HP e-mail: [email protected] Tel: +44 0191 334 6107 http://etheses.dur.ac.uk 2 SIR HERSCH LAUTERPACHT AS A PROTOTYPE OF POST-WAR MODERN INTERNATIONAL LEGAL THOUGHT: ANALYSIS OF INTERNATIONAL LEGALISM IN THE UNIVERSALISATION PROCESS OF THE EUROPEAN LAW OF NATIONS KITA, YASUO LL.B. (WASEDA), M.A. (KYOlD) DOCTOR OF PHILOSOPHY LAW DEPARTMENT UNIVERSITY OF DURHAM A copyright of this thesis rests with the author. -
Maritime Boundary Disputes) (2020) London, UK – Faculty of Law
Contact Information Tel: +44 207 380 3898 E-mail: [email protected] Employment Volterra Fietta, partner (2011 onward) London, UK Latham & Watkins, partner (2005 to 2011) London, UK and Paris, France Herbert Smith, partner (2001 to 2005) London, UK Freshfields Bruckhaus Deringer, associate (1996 to 2001) London, UK and Paris, France Public international law practice of Professor Sir Elihu Lauterpacht, junior (1994 to 1996) Cambridge, UK Academic Activities Victoria University of Wellington – Te Herenga Waka – Faculty of Law (Law of the Sea maritime boundary disputes) (2020) The Hague Academy of International Law – Special Course on Judicial Settlement of International Disputes: panel presentation “International Justice Today: Unity or Fragmentation?” (2019) New Zealand Law Foundation International Dispute Resolution Fellow (2017) - University of Auckland and University of Wellington, New Zealand University of London, UCL, Visiting Professor (1998 onward) London, UK – Faculty of Law (International Law of Foreign Investment/Natural Resources) University of London, SOAS and Kings College, Visiting Senior Lecturer (1998 onward) London, UK – Geopolitics and Boundaries Research Centre (International Boundary Law) Université de Paris X (1996 – 1999) Paris, France – Faculty of Law (The Law of International Organisations) University of Cambridge (1994 – 1996) Cambridge, UK – Faculty of Law (International Law); Fellow: Research Centre for International Law York University Centre for International and Strategic Studies, Fellow (1994 onward) Osgoode Hall Law School, York University, Assistant Professor (1992 – 1994) Toronto, Canada – Faculty of Law Education Organization of American States (1995) Rio de Janeiro, Brazil – Curso de Derecho Internacional; OAS Fellowship University of Cambridge, Trinity Hall (1991 – 1992) Cambridge, UK – LL.M.i; Cambridge Commonwealth Scholarship Osgoode Hall Law School, York University (1986 – 1989) Toronto, Canada – LL.B.; Dean's List University of Western Ontario (1983 – 1987) London, Canada – B.A. -
HERSCH LAUTERPACHT: SOME REMINISCENCES George Barton*
203 HERSCH LAUTERPACHT: SOME REMINISCENCES George Barton* We end this valedictory volume with some reminiscences by Dr George Barton QC himself. They were written at the request of Sir Elihu Lauterpacht at the time he was preparing the book E Lauterpacht The Life of Hersch Lauterpacht (University of Cambridge, United Kingdom, 2010). Shortly after the end of World War II, a fund was established for the endowment of a studentship, to be called the Humanitarian Trust Fund Studentship in Public International Law (the Studentship), at Cambridge University. The successful candidate was required to pursue a course of study in international law under the supervision of the Whewell Professor of Public International Law, who was then Professor Hersch Lauterpacht, and who had been one of the Electors of the Studentship. I was greatly privileged to be the first person elected to that Studentship. At the time I had completed BA and LLB degrees from the University of New Zealand, and was taking an LLM course at Victoria University of Wellington. One of my professors suggested that I should apply. Ailsa and I travelled to England in order to enrol at Cambridge at the beginning of the Michaelmas Term, 1948. One of our first concerns was to find satisfactory accommodation. Being married, residence in College was out of the question. By a series of coincidences we were able to obtain excellent accommodation in the house of Mr and Mrs TR Henn at 32 Millington Road, Newnham. Mr Henn (Thomas Rice Henn) was a senior tutor at St Catharine's College, Cambridge, a lecturer in the English Department, and a world authority on the poet William Butler Yeats. -
REPORTER S P E C I a L N O 1 T U E S D Ay 1 O C to B E R 2013 Vol Cxliv
CAMBRIDGE UNIVERSITY REPORTER S PECIAL N O 1 T UE S D AY 1 O C TOBER 2013 VOL CXLIV Deputy Vice-Chancellors appointed 2 Chairs of Syndicates, Boards, Committees, and other bodies appointed 2 Appointments Committees: Chairs appointed 3 Other appointment 4 Roll of the Regent House: Vice-Chancellor’s Notice 4 Preliminary list of members of the Faculties: Registrary’s Notice 5 Architecture and History of Art 5 Engineering 24 Asian and Middle Eastern Studies 5 English 26 Biology 6 History 28 Business and Management 11 Human, Social, and Political Science 30 Classics 12 Law 33 Clinical Medicine 13 Mathematics 35 Computer Science and Technology 18 Modern and Medieval Languages 37 Divinity 19 Music 39 Earth Sciences and Geography 20 Philosophy 40 Economics 22 Physics and Chemistry 40 Education 23 Veterinary Medicine 44 Proposed Roll of the Regent House: Registrary’s Notice 45 PUBLISHED BY AUTHORITY 2 CAMBRIDGE UNIVERSITY REPORTER [S PECIAL N O . 1 Deputy Vice-Chancellors appointed THE OLD SCHOOLS. 1 October 2013 The Vice-Chancellor gives notice that he has appointed the following, in accordance with Statute D, III, 7(a), as Deputy Vice-Chancellors for the academical year 2013–14: Dr Jennifer Chase Barnes, MUR, Pro-Vice-Chancellor Professor Lynn Faith Gladden, T, Pro-Vice-Chancellor Professor John Martin Rallison, T, Pro-Vice-Chancellor Professor Jeremy Keith Morris Sanders, SE, Pro-Vice-Chancellor Professor Stephen John Young, EM, Pro-Vice-Chancellor Professor Anthony John Badger, Master of Clare College Professor Dame Athene Margaret Donald, R Professor Dame Ann Patricia Dowling, SID Lord (John Leonard) Eatwell, President of Queens’ College Mr Stuart Laing, Master of Corpus Christi College Mrs Sarah Squire, President of Hughes Hall Professor Dame Jean Olwen Thomas, Master of St Catharine’s College Professor Ian Hugh White, Master of Jesus College Chairs of Syndicates, Boards, Committees, and other bodies appointed THE OLD SCHOOLS.