David J. Bederman (1961-2011)
My friend David Bederman, the K.H. Gyr Professor in Private International Law at Emory Law School, has passed away. Emory Law School has offered kind remarks of his passing here, and here, and others offer their reflections on his life here, here, here and here.
Bederman was a prince of a guy, and a great international law scholar who loved the life of the law. I’ve known him for over twenty years and always appreciated his thoughtful analysis and kind words.
When I asked him several years ago what sustained him as he was battling cancer, he said that, in addition to his family, he loved to wake up every morning and think about his latest writing project. He wrote until his dying days, f [...]
Legal Education in the 21st Century
- By J. Martin Hunter, Essex Court Chambers,
for ITA
Empirical research shows that modern law students, at least at post-graduate level, wish to have some options to learn something about the skills of ‘lawyering’. Students often say that they want to have more than just the letters ‘LLM’ after their names. They pay substantial tuition fees to obtain these post-graduate degrees, and they wish at least to make a start on learning how to be a practising lawyer. This is especially true for students who intend to become dispute resolution lawyers.
Conventionally, legal education has been confined to the classroom. In England it was left to the Inns of Court and the Law Society, and in the civil law systems to the Bar authorities, for bridging [...]
The Arbitrability of Libyan Terrorist Claims
As I have noted earlier, there is a pitched battle between victims of Pan Am 73 terrorist hijacking over the distribution of treaty funds secured by the United States for American victims in a 2008 diplomatic settlement with Libya. The treaty and Executive Order stipulate that the money shall be distributed solely for the benefit of United States nationals, but foreign nationals are claiming that they are entitled to the overwhelming majority of the funds pursuant to a Joint Prosecution Agreement signed among the passengers of Pan Am 73, most of whom were non-Americans. The American terrorist victims argue that the contract is inapplicable to a diplomatic settlement, and alternatively, tha [...]
Pre-contractual liability- Another look needed: F-W Oil Interests, Inc. v. Republic of Trinidad and Tobago, ICSID Case No. ARB/01/14
It is not easy to get a grip on the vast amount of case-law being churned out by investment treaty arbitration panels. However, if law students wanted examples of the ultimate slap-dash arguments being put together by claimant lawyers, then go no further than to sample some of arguments launched in this case. It is important enough to warrant a timely re-appraisal. In the case of FW Oil Interests, a distinguished tribunal (comprised of Sir Franklin Berman and Lord Mustill), subtly warn of lazy broad arguments where the credibility of Government officials is questioned with foundationless allegations of corruption. (The tribunal in the recent EDF case (ICSID Case No. ARB/05/13) tried to cut d [...]
Kluwer Launches Construction Blog
This week the good folks at Kluwer have launched a new blog, Kluwer Construction Blog. According to the press release,
Managing Editor of the blog, Sarah Thomas, partner and international projects expert at Pinsent Masons, will draw contributions from a panel of pre-eminent construction lawyers and barristers covering Europe, the United States, Canada, Africa, South America, Asia Pacific, India and the Gulf. The blog will have a discussion forum and an “Ask the Expert” feature that will give readers the chance to add their comments and raise questions.
Now truth to be told, construction is not my area, and I will not frequent that particular blog. But I love what it represents noneth [...]
Judge Nikken on the potential friction between a state’s obligation to disclose information and foreign investor protections
The relationship between human rights and investment law is all the rage these days in academia. It seems like every week I come across a PhD student or a young academic who is tackling some aspect of the topic.
But, while there are many scholars and writers looking to bridge the two fields, it’s rarer to come across adjudicators with experience in the two realms.
However, Judge Pedro Nikken is one of the rare individuals who straddles the two fields. He’s a former Judge on the Inter-American Court of Human Rights (IACHR) and he’s also sitting as arbitrator in a trio of ICSID cases against Argentina which may touch upon the relationship of human rights law and investment law.
So, it wa [...]
