Dr Esme Shirlow
ANU College of Law, Bld 6, Fellows Rd, Acton ACT 2600
ANU College of Law, 5 Fellows Rd, Acton ACT 2600
Research Theme
Research Centre
Research interests
Biography
Esmé Shirlow's current research focuses on dispute settlement and public international law. She currently serves as an assistant to a number of investment treaty tribunals, and has previously also advised parties to investment treaty claims and in proceedings before the International Court of Justice.
Esmé completed her PhD as a Dickson Poon Scholar at King's College London. She completed her LL.M. at the University of Cambridge, where she was awarded - among other prizes - the BRD Clarke Prize for Best Overall Performance in the LL.M. and the Clive Parry Prize for Best Result in International Law, as well as the Whewell Scholarship in International Law. Esmé completed her LL.B.(Hons) and a B.A. at the Australian National University.
Esmé is admitted as a Solicitor in the Australian Capital Territory and trained as a civil and commercial mediator in England. She is an Assistant Editor (Australia/New Zealand Region) with Kluwer Arbitration Blog, and previously worked in the Australian Government’s Office of International Law.
Appointments
Esmé is a member of the ANU's Centre for International & Public Law, and an Academic Editor of the Federal Law Review.
Significant research publications
Three Manifestations of Transparency in International Investment Law: A Story of Sources, Stakeholders and Structures (2017) 8(1) Goettingen Journal of International Law 73-99
Dawn of a New Era? The UNCITRAL Rules and UN Convention on Transparency in Treaty-Based Investor-State Arbitration (2016) 31(3) ICSID Review – Foreign Investment Law Journal 622-654
Taking Stock: Assessing the Implications of the Kadi Saga for International Law and the Law of the European Union (2014) 15 Melbourne Journal of International Law 534
Deference and Indirect Expropriation Analysis in International Investment Law: Observations on Current Approaches and Frameworks for Future Analysis (2014) 29(3) ICSID Review – Foreign Investment Law Journal 595-626
‘Dissecting Backlash: The Unarticulated Causes of Backlash and its Unintended Consequences’ in Geir Ulfstein and Andreas Follesdal, The Judicialization of International Law – A Mixed Blessing? (Oxford University Press, 2018) (with Professor David D. Caron)
View more publications on the ANU Researchers website
Please note, only a small selection of recent publications and activities are listed below.
View more publications on the ANU Researchers website
Book chapters
- ‘Article 25(2)(b)’ in Gloria Alvarez, Remy Gerbay and Julien Fouret, The ICSID Convention, Rules and Regulations: A Commentary’ (Edward Elgar Publishing, 2018) (co-author: Professor David D. Caron) (forthcoming)
- ‘Dissecting Backlash: The Unarticulated Causes of Backlash and its Unintended Consequences’ in Geir Ulfstein and Andreas Follesdal, The Judicialization of International Law – A Mixed Blessing? (Oxford University Press, 2018) (co-author: Professor David D. Caron)
- ‘Most-Favored-Nation Treatment: Substantive Protection’ in Meg Kinnear, Geraldine R. Fischer, Jara Minguez Almeida, Luisa Fernanda Torres and Mairee Uran Bidegain (eds), Building International Investment Law: The First 50 Years of ICSID (Wolters Kluwer, 2015), pp. 399-414 (co-author: Professor David D. Caron)
Refereed journal articles
- Three Manifestations of Transparency in International Investment Law: A Story of Sources, Stakeholders and Structures (2017) 8(1) Goettingen Journal of International Law 73-99
- Dawn of a New Era? The UNCITRAL Rules and UN Convention on Transparency in Treaty-Based Investor-State Arbitration (2016) 31(3) ICSID Review – Foreign Investment Law Journal 622-654
- Taking Stock: Assessing the Implications of the Kadi Saga for International Law and the Law of the European Union (2014) 15 Melbourne Journal of International Law 534
- Deference and Indirect Expropriation Analysis in International Investment Law: Observations on Current Approaches and Frameworks for Future Analysis (2014) 29(3) ICSID Review – Foreign Investment Law Journal 595-626
- Les Laboratoires Servier, S.A.A., and others v Republic of Poland: Defining the Nature of the Police Powers ‘Defence’ and the Deference Applicable in Regulatory Expropriation Cases (2014) 29(3) ICSID Review – Foreign Investment Law Journal 559-566
Commissioned reports
- Report on Legal Methodology and Research Training for PhD Students, King’s College London Transnational Law Institute, Graduate Programme and Research Coordination Committee (2016)
Case notes & book reviews
- ‘Statute of the International Tribunal for Law of the Sea’, Oxford International Organizations Database (2017)
- ‘Convention on the Settlement of International Disputes between States and Nationals of Other States’, Oxford International Organizations Database (2017)
- ‘UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration’, Oxford International Organizations Database (2017)
Other
- The Australian Centre for International Commercial Arbitration’s Guideline on the Use of Arbitral Secretaries (23 February 2017) Kluwer Arbitration Blog
- The Rising Interest in the Mediation of Investment Treaty Disputes, and Scope for Increasing Interaction between Mediation and Arbitration (29 September 2016) Kluwer Arbitration Blog
- UNCITRAL’s 2016 Notes on Organizing Arbitral Proceedings: Evolutions and Fragmentations in International Arbitration (7 September 2016) Kluwer Arbitration Blog
- Unpacking the Complexities of Backlash and Identifying its Unintended Consequences (25 August 2016) EJIL: Talk! (co-author: Professor David D. Caron)
- Recent Developments in Australia’s Approach to Confidentiality and Transparency in International Arbitration (19 December 2015) Kluwer Arbitration Blog
Research interests
Past courses
- International Investment Law (Visiting Lecturer, King's College London)
- Public International Law (Visiting Lecturer, King's College London and Sessional Tutor, Australian National University)
- Various (Jabal Centre, Australian National University)
