The Role of the ILC & VCLT in International Investment Law

Date & time

02 February 2023 10:00am - 11:30am

Venue

Zoom

Contact

ANU Law - Marketing

Event description

Since it was adopted in 1969, the Vienna Convention on the Law of Treaties (VCLT) has come to be widely regarded as one of the International Law Commission’s (ILC’s) greatest successes. Indeed, the VCLT’s drafting history reflects that the ILC sought to create an enduring set of provisions constituting a law of treaties – regardless of the specific features of the individual treaties to which such rules might come to be applied. This enduring legacy is quite notably reflected in the role that the VCLT plays in modern international investment law and investor-State dispute settlement (ISDS). In the decades since it entered into force, the VCLT has had a profound influence in investor-State disputes. In the coming decades, such disputes are only likely to become more relevant to understanding the VCLT’s rules, and the VCLT will, in turn, impact and shape opportunities for investment law and arbitration into the future. The relationship between the ILC’s work, the VCLT, and international investment law and ISDS is developed in the recently published book, The Vienna Convention on the Law of Treaties in Investor-State Disputes: History, Evolution, and Future, edited by Esmé Shirlow & Kiran Nasir Gore (Kluwer, 2022). While the VCLT alone does not provide solutions to all the challenges currently faced by international investment law and ISDS, nor all of the challenges likely to emerge in the future for this body of law, the ILC’s vision and the VCLT’s tools certainly have a key role to play.

This “in conversation” webinar will engage present and past members of the ILC in an interactive format to examine these themes. Moderated by Lucy Reed, the event will feature Professor Sean D. Murphy (ILC Member 2012-2022), Dr Vilawan Mangklatanakul (ILC Member 2023-2027), Professor Martins Paparinskis (ILC Member 2023-2027), and Dr Penelope Ridings (ILC Member 2023-2027). The program will highlight the role of the ILC and VCLT for understanding the development and future of international investment law and ISDS, and will be relevant to adjudicators, practitioners, government officials and scholars interested in the future of this field of law and public international law more broadly.

Wednesday 1 February 2023 18:00 EST / Thursday 2 February 12:00 noon NZDT / Thursday 2 February 10am AEDT

The promo code 20VCLT22 offers a 20% discount on the retail price of The Vienna Convention on the Law of Treaties in Investor-State Disputes: History, Evolution and Future in the Wolters Kluwer eStore. The code is valid through to 28 February 2023.  

Speakers

Featured Speakers

Professor Sean D. Murphy, Dr Vilawan Mangklatanakul, Professor Martins Paparinskis, Dr Penelope Ridings, Lucy Reed (moderator)
Sean Murphy
Professor Sean D. Murphy

Professor Sean D. Murphy is the Manatt/Ahn Professor of International Law at George Washington University in Washington, D.C., where he has taught international law and U.S. foreign relations law since 1998.  Having received law degrees from Columbia and Cambridge Universities, he began his career as a lawyer at the U.S. Department of State, where he worked on matters relating to dispute resolution, oceans, environment, and the law of war.  For three years, he was the Legal Counselor of the U.S. Embassy in The Hague, serving as the U.S. Agent to the Iran-U.S. Claims Tribunal and arguing cases before the International Court of Justice (ICJ), including the Lockerbie case, the Oil Platforms case, and the Nuclear Weapons advisory opinion.  As an academic, he has published widely in the field of international law, such as his treatise on Principles of International Law and his Hague Academy lectures on International Law relating to Islands.  Since entering academia, Professor Murphy has served as counsel, arbitrator or ad hoc judge in cases before the ICJ, the Eritrea-Ethiopia Claims Commission, ICSID, the PCA, the International Criminal Court, the International Tribunal for the Law of the Sea, and UN Convention on the Law of the Sea Annex VII tribunals.  He is an associate member of L’Institut de Droit International, and previously served as a Member of the UN International Law Commission, President of the American Society of International Law, and a Member of the Board of Editors of the American Journal of International Law.

 

Vilawan Mangklatanakul
Dr Vilawan Mangklatanakul

Dr Vilawan Mangklatanakul, Ambassador Extraordinary and Plenipotentiary of Kingdom of Thailand to the Republic of Austria, the Republic of Slovenia and the Slovak Republic and Permanent Representative of the Kingdom of Thailand to the United Nations and other International Organisations in Vienna, is a career diplomat who has been with the Ministry of Foreign Affairs of the Kingdom of Thailand since 1995. She has built her expertise in important areas of international law including diplomatic and State immunities, treaty law, intellectual property and international economic law. She also has a keen interest in investment law and dispute mechanisms. She was recently elected as a member of the International Law Commission.

Martins Paparinskis
Professor Martins Paparinskis

Professor Martins Paparinskis is Professor of Public International Law at University College London and a Member of the United Nations International Law Commission. He has published on international law, including international investment law, in leading peer-reviewed journals, and his work is regularly cited by domestic courts and international tribunals on these issues. Martins is also a member of the Permanent Court of Arbitration, ICSID Panels of Arbitrators and of Conciliators, OSCE Court of Conciliation and Arbitration, and UNECE Water Convention’s Implementation Committee.

Penelope Ridings
Dr Penelope Ridings

Dr Penelope Ridings is an International Lawyer and Member of the International Law Commission for the term 2023-2027. She has broad experience in international law, including as former New Zealand Chief International Legal Adviser and Ambassador. Currently she is an Honorary Professor of Law at the University of Auckland and practices in the field of public international law, including law of the sea, fisheries, environmental law, trade and investment, international security and international dispute settlement. Dr Ridings is an arbitrator under the World Trade Organisation Multi-Party Interim Appeal Arbitration Arrangement and is serving as a member of an Ad Hoc Annulment Committee under the International Convention for the Settlement of Investment Disputes. She was Agent for New Zealand before the International Court of Justice in Whaling in the Antarctic: Australia v Japan, New Zealand Intervening and before the International Tribunal on the Law of the Sea in the Request for an Advisory Opinion submitted by the Sub-Regional Fisheries Commission. As an international lawyer and diplomat she has represented New Zealand in multilateral negotiations, including on port state measures, marine biodiversity beyond national jurisdiction, regional fisheries management, international criminal law and trade.

Lucy Reed
Lucy Reed

Lucy Reed (moderator) is an independent arbitrator with Arbitration Chambers (New York), currently serving as President of the Singapore International Arbitration Centre Court and President of the International Council for Commercial Arbitration. Lucy retired in 2016 from the international law firm Freshfields Bruckhaus Deringer, where she led the international arbitration group, and then was Professor of Practice and Director of the Centre for International Law of the National University of Singapore through 2019. In addition to her expertise in international commercial and investment treaty arbitration, she served as an arbitrator on the Eritrea-Ethiopia Claims Commission and co-director of the Claims Resolution Tribunal for Dormant Accounts in Switzerland. While with the US State Department Legal Adviser’s Office, Lucy was the US Agent to the Iran-US Claims Tribunal and a Deputy Assistant Legal Adviser for International Claims and Disputes. She is a former President of the American Society of International Law, and delivered Hague Lectures on Private International Law in 2001.

Sessions

Search filters
There are currently no sessions for this event.