2018 ANU Prize recipient Karla Brenner talks about winning
Dr Esme Shirlow
Senior Lecturer
PhD (King's College London), LL.M.(Hons) (Cambridge), LL.B. (Hons.) (ANU), BA (ANU), GDLP (ANU)
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 teaches and researches in the fields of public international law, international dispute settlement, and international investment law and arbitration. 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 is admitted as a Solicitor in the Australian Capital Territory and trained as a civil and commercial mediator in England. Prior to joining the ANU, she worked in the Australian Government’s Office of International Law.
Esmé completed her PhD as a Dickson Poon Scholar at King's College London, for which she was awarded the King's Elsevier Outstanding PhD Thesis Prize. 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.
Appointments
- Academic Editor, Australian Year Book of International Law
- Associate Editor, ICSID Review - Foreign Investment Law Journal
- Assistant Editor (Investment Arbitration), Kluwer Arbitration Blog
- Co-opted Member of the Council of the Australian and New Zealand International Law Society (ANZSIL)
- Solicitor, Australian Capital Territory
- Assistant to the Tribunal, AVAX SA v Lebanese Republic (ICSID Case No. ARB/16/29)
- Assistant to the Tribunal, Albaniabeg Ambient ShpK v Albania (ICSID Case No. ARB/14/26)
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
Recent news
Please note, only a small selection of recent publications and activities are listed below.
View more publications on the ANU Researchers website
Grants
- ANU College of Law, Internal Research Grant (2019-2020)
- ASEAN Cyber Futures, Grant (2018-2019)
Book chapters
- ‘The Rule of Law, Standards of Review, and the Separation of Powers’ in August Reinisch and Stephan Schill (eds), Investment Protection Standards and the Rule of Law (forthcoming)
- ‘Back into the Shadows? Public Participation in the Peaceful Settlement of Investment Disputes through Non-Arbitral Means’ in Avidan Kent, Eric de Brabandere and Tarcisio Gazzini (eds), Public Participation and Foreign Investment Law: From the Creation of Rights and Obligations to the Settlement of Disputes (Brill, forthcoming)
- ‘The Multiple Forms of Transparency in International Arbitration, Their Implications, and Their Limits’ in Thomas Schultz and Federico Ortino (eds), The Oxford Handbook on International Arbitration (Oxford University Press, forthcoming March 2020) (with Professor David D. Caron)
- ‘Article 25(2)(b)’ in Gloria Alvarez, Remy Gerbay and Julien Fouret, The ICSID Convention, Rules and Regulations: A Commentary’ (Edward Elgar Publishing, 2019) (with Professor David D. Caron)
- ‘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)
- ‘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) (with 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, pp. 73-99 (winner of the Goettingen Journal of International Law Essay Competition)
- 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, pp. 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, p. 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, pp. 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, pp. 559-566
- Australian Professional Practice Bodies and the Tort of Negligent Investigation (2009) 17(1) Journal of Law and Medicine, pp. 46-51 (with Professor Thomas Faunce)
- Recent Legal Developments and the Authority of the Australian Therapeutic Goods Administration (2009) 16(5) Journal of Law and Medicine, pp. 764-769 (with Professor Thomas Faunce)
Conference papers & presentations
Selected Conference Papers/Presentations:
- “Whose Gaze Matters? Disconnects between International Law-Makers and Law-Breakers”, presented at a CIPL Workshop (“International law-making away from the public gaze”), Canberra Australia, 4 February 219
- “Deference to Domestic Expertise in the International Adjudication of Private Property Disputes”, presented at the Australia and New Zealand Society of International Law’s Annual Conference, Canberra Australia, 5 July 2019
- “The Rule of Law, Authority and Deference to Domestic Decision-Making in International Adjudication”, presented at the Asian Society of International Law’s Annual Conference, Manila The Philippines, 22 August 2019
- “International Articulations of the Rule of Law: Deference to Domestic Decision-Making in International Adjudication”, presented at the Society of Legal Scholars Annual Conference, Preston UK, 6 September 2019
- “The Promises and Pitfalls of Investor-State Mediation”, presented on a panel convened by the International Economic Law Interest Group as part of the European Society of International Law’s Annual Conference, Athens Greece, 12 September 2019
- “Democracy and Deference to Domestic Decision-Making in International Adjudication”, presented at the European Journal of International Law’s 30th Anniversary Symposium, New York USA, 19 September 2019
Commissioned reports
- Regional Cyber Futures Initiative Scoping Study: Legal Frameworks in the Indo-Pacific Region – Cyber Resilience of Critical Infrastructure in Indonesia’s Energy Sector (2019) (co-author: Dr. Sarah Heathcote)
- 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
- 2019 in Review: Australia, New Zealand and the Pacific (2 January 2020) Kluwer Arbitration Blog
- Celebrating 50 Years of the VCLT: 'Supplementary Means' of Interpretation in Investor-State Arbitrations (6 December 2019) Kluwer Arbitration Blog (with Professor Michael Waibel)
- Celebrating 50 Years of the VCLT: An Introduction (2 December 2019) Kluwer Arbitration Blog (co-author: Kiran Gore)
- The Indonesia-Australia Comprehensive Economic Partnership Agreement: Repeated Debates, New Issues and Open Questions (24 April 2019) Kluwer Arbitration Blog
- 2018 in Review: Australia and New Zealand (21 January 2019) Kluwer Arbitration Blog
- 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
- Addressing the Problem of the ‘Unknown’ Claimant in Investor-State Arbitration (25 November 2015) Kluwer Arbitration Blog
- Reviewing Australia’s Approach to the Negotiation of Trade and Investment Treaties (8 September 2015) Kluwer Arbitration Blog
- Reforming Investment Treaties: UNCTAD’s 2015 World Investment Report (23 July 2015) Kluwer Arbitration Blog
- Weighing in on the Debate about the Future of ISDS in Australia: the Productivity Commission’s 18th Trade and Assistance Review (9 July 2015) Kluwer Arbitration Blog
- A Step Toward Greater Transparency: The UN Transparency Convention (30 March 2015) Kluwer Arbitration Blog
- Looking behind the Statistics for Investment Arbitration (24 February 2015) Kluwer Arbitration Blog
- What is an Arbitration, and Does it Really Matter? (An Australian Perspective) (19 February 2015) Kluwer Arbitration Blog
Research interests
Current courses
| Year | Course code | Course name |
|---|---|---|
| 2020 |
LAWS2250 Class #7218 |
International Law |
| 2020 |
LAWS6250 Class #9150 |
International Law |
| 2020 |
LAWS6250 Class #7675 |
International Law |
| 2020 |
LAWS8182 Class #5560 |
Principles of International Law |
| 2020 |
LAWS8336 Class #5561 |
International Investment Treaty Law and Arbitration |
Previous courses
| Year | Course code | Course name |
|---|---|---|
| 2019 |
LAWS4306 Class #9901 |
International Investment Treaty Law and Arbitration |
| 2019 |
LAWS8336 Class #9993 |
International Investment Treaty Law and Arbitration |
Past courses
- Advanced International Law (LAWS4264, Semester 1 - 2019)
- Jessup (Summer 2019)
- 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)
