Natural Resources and the Law of the Sea: Exploration, Allocation, Exploitation of Natural Resources in Areas under National Jurisdiction and Beyond
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Natural Resources and the Law of the Sea is a timely and in-depth investigation and analysis of the key issues across the law of the sea and natural resources disciplines, focusing on the United Nations Convention on the Law of the Sea (UNCLOS) and its application to natural resources. This volume, the second in the - International Law Institute Series on International Law, Arbitration and Practice, features edited transcripts of speeches from the recent International Law Institute (ILI) - Georgetown Law School conference on this topic from some of the most distinguished scholars and practitioners in the world supplemented by additional papers from a number of scholars, practitioners and various government officials addressing and complementing issues related to those discussed at the conference.
Natural Resources and the Law of the Sea seeks to further development of the law of the sea as it applies to the exploration of natural resources, managing the interests of businesses and nation states, while ensuring accountability and protection of the maritime environment.
Lawrence Martin is a Partner in the Washington, D.C. office of Foley Hoag LLP, where he serves as Deputy Chair of the firm’s International Litigation and Arbitration Department. Larry concentrates his practice in international disputes that typically involve foreign sovereign governments and/or their agencies and instrumentalities. Larry represents foreign sovereign interests in proceedings before the world’s leading dispute resolution fora, including the International Court of Justice (ICJ), the International Tribunal for the Law of the Sea (ITLOS), the Permanent Court of Arbitration (PCA), and the International Centre for the Settlement of Investment Disputes. He has particular experience in disputes relating to the Law of the Sea and international environmental cases. Most recently Larry served as counsel to the Republic of the Philippines in the Philippines v. China arbitration before the PCA, where a unanimous award was issued by the UNCLOS Annex VII Tribunal in favor of the Philippines. Notably, he currently represents Somalia and Ghana in maritime delimitation disputes before the ICJ and the ITLOS, respectively. Larry also frequently represents foreign sovereigns in litigation before the courts of the United States. Reflecting his capabilities at representing clients in high-profile disputes, he has been named one of Washington’s top lawyers by WASHINGTONIAN magazine and ranked in CHAMBERS GLOBAL in its listing of the world’s top public international law practitioners. According to CHAMBERS (2015): “He is exceptional not only in terms of knowledge, expertise of the law, and organizational and managerial skills, but more importantly because of his character, attitude, ethics and advocacy.” Larry obtained his J.D. from Harvard Law School, is a member of the American Society of International Law, the D.C. Bar Association, and the Boston Bar Association.
Dr. Constantinos Salonidis is a Senior International Associate at Foley Hoag LLP. He has extensive experience in international dispute resolution, having represented several European, Asian and Latin American States in investment treaty arbitration involving a diverse range of industries such as banking, hydrocarbons, health insurance, tobacco, port operations, steel manufacturing and mining. Constantinos also regularly advises sovereign clients and private parties on a wide range of private and public international law issues. He is on the ICSID Panel of Conciliators, on the Panels of Arbitrators and Mediators of the Kuala Lumpur Regional Arbitration Center, and has also served as an expert for the OAS project on the role of the judiciary in international commercial arbitration. He holds graduate, postgraduate, and doctorate degrees from Democritus University of Thrace, Greece, an LLM from Georgetown University School of Law, and the prestigious Diploma in Public International Law of The Hague Academy of International Law (2006).
Christina Hioureas is the Chair of the United Nations Practice Group at Foley Hoag LLP. She represents States, private entities, and individuals on international disputes and public international law matters, including: investment treaty claims (ICSID, UNCITRAL); international commercial arbitration (ICC, ICDR, Swiss Rules) and litigation; treaty drafting and interpretation; international human rights; law of the sea; and energy law and gas pricing disputes. She also advises States before the United Nations and its bodies. Hioureas has served as a delegate at the UN, handling the Sixth Committee to the General Assembly (Legal Affairs), UN Commission on International Trade Law (UNCITRAL), and matters before the Security Council. She is an elected Term Member at the Council of Foreign Relations and has served as an Adjunct Professor of Law at Fordham University School of Law. She received her JD from the University of California Berkeley School of Law and her BA from UC Berkeley in Political Science and Peace & Conflict Studies.
Ian A. Laird is Co-Chair of Crowell & Moring LLP’s International Dispute Resolution Group in Washington, DC. He is a Lecturer at Columbia University School of Law, Adjunct Professor at Georgetown University Law Center and Co-Director of the ILI Investment Law Center. He represents a range of clients in international arbitration proceedings involving disputes between corporations and foreign sovereign governments. Ian is recognized as a leading practitioner in the arbitration field by the International Who’s Who of Commercial Arbitration Lawyers 2016. He is the Co-Founder and Editor-in-Chief of InvestmentClaims.com, the on-line investment arbitration award service published by Oxford University Press. He is licensed to practice in Washington, D.C. as a Special Legal Consultant and in Ontario, Canada as a Barrister & Solicitor.
Dr. Borzu Sabahi is a Partner in the International Arbitration group of Curtis, Mallet-Prevost Colt & Mosle LLP in Washington, D.C. He represents governments and State-owned entities in international arbitration and public international law disputes in a variety of sectors, particularly oil and gas, construction, banking, and taxation. He was recognized by the Who’s Who of International Commercial Arbitration Lawyers 2015, 2016, and 2017 as a leading international arbitration practitioner. He is also an adjunct professor at Georgetown Law School, an Editor of Oxford’s InvestmentClaims.com, a Co-Chair of the Annual Juris Conference in Washington, D.C., and Co-Director of the ILI’s International Investment Law Center. His publications have been cited by international tribunals and the U.S. Supreme Court. He is licensed to practice in New York and the District of Columbia.
Anne Marie Whitesell is a Professor of the LL.M. Program and Faculty Director of the Program on International Arbitration and Dispute Resolution at Georgetown University Law Center. Ms. Whitesell was Secretary General of the ICC International Court of Arbitration from 2001 to 2007. She has practiced with law firms in both the United States and in France, and has acted as counsel and arbitrator in numerous international arbitration cases. Ms. Whitesell also taught at the Universite de Paris I and the Institut de Droit Compare. She is the Director of the Alternative Dispute Resolution Center of the International Law Institute. Ms. Whitesell received her J.D. from the University of Virginia School of Law and her Doctorate in Law from the Universite de Paris I, Pantheon-Sorbonne.
Dr. Danae Azaria is a Lecturer at the Faculty of Laws of University College London (UCL). She is the author of the monograph Treaties on Transit of Energy via Pipelines and Countermeasures published by Oxford University Press (2015) and included in the series Oxford Monographs in International Law. A panel inspired by this monograph was included in the 2016 Annual Meeting of the American Society of International Law (ASIL). The monograph received the 2016 Research Project of the Year Award from the Greek Energy Forum, and her doctoral thesis, which was the basis of the monograph, was awarded the Tenekides Prize of the Hellenic Society of International Law. Dr. Azaria is a general public international lawyer with a special interest in international energy law, the law of the sea, the law of treaties and state responsibility. She is a member of the Legal Advisory Task Force of the Energy Charter Secretariat.
David A. Balton is the Deputy Assistant Secretary for Oceans and Fisheries in the Department of State’s Bureau of Oceans, Environment and Science. In March 2005, following confirmation by the Senate, Mr. Balton attained the rank of Ambassador. Ambassador Balton is responsible for coordinating the development of U.S. foreign policy concerning oceans and fisheries and overseeing U.S. participation in international organizations dealing with these issues. He is also responsible for overseeing the Department of State’s work on Arctic and Antarctic affairs. He has functioned as the lead U.S. negotiator on a wide range of agreements in the field of oceans and fisheries and has chaired numerous international meetings. In 2006 and 2010, he served as President of the Review Conference for the 1995 United Nations Fish Stocks Agreement. His current functions include serving as Chair of the Senior Arctic Officials during the U.S. Chairmanship of the Arctic Council (2015-2017). He previously served for six years as Director of the Office of Marine Conservation in the Department of State and for twelve years in the Department’s Office of the Legal Adviser. Ambassador Balton received his A.B. from Harvard College in 1981 and his J.D. from Georgetown University Law Center in 1985.
Luz Danielle Bolong is a Lecturer of Public International Law at the Ateneo de Manila University School of Law and a researcher for Philippine Senator Paolo Benigno Aquino IV on international law and trade issues. She received her Master of Laws degree from Harvard Law School, and her Juris Doctor and Bachelor of Science Major in Business Management degrees from the Ateneo de Manila University. Danielle previously worked as a solicitor in the Philippines’ Office of the Solicitor General, where she advised the justice and foreign affairs departments on international and comparative law issues. Danielle was a participant of the 2014 Yeosu Academy on the Law of the Sea at South Korea, and the 2015 Rhodes Academy of Oceans Law and Policy held in Greece.
Douglas R. Burnett is the International Law Advisor for the International Cable Protection Committee (since 1999), and Maritime Partner in the New York office of Squire Patton Boggs (U.S.) LLP (douglas.burnett @squirepb.com), an international law firm with forty-four offices in twenty-one countries. His practice focuses on international law, submarine cables, maritime matters, and shipping involving litigation and arbitration. Douglas is a graduate of the U.S. Naval Academy and University of Denver Law School and is a retired captain in the U.S. Navy. He has argued before the U.S. Supreme Court and testified as an industry expert on submarine cables before the 2007 Senate Foreign Relations Committee for the UNCLOS hearings. Douglas has worked on submarine cable cases for over thirty years. He has frequently instructed at the Rhodes Academy of Oceans Law and Policy in Greece.
Andrew Friedman is a Senior Associate in International Ocean Policy at The Pew Charitable Trusts where he helps to represent all of Pew’s campaigns to protect and preserve the global ocean in international institutions, particularly at the United Nations. He is a former legal adviser to the Permanent Mission of Palau to the U.N. and before that was a litigation associate at Davis Polk and Wardwell LLP. He is a graduate of the New York University School of Law where he was a scholar at the Institute of International Law and Justice. He is a 2015 graduate of the Rhodes Academy of Ocean Law and Policy.
Judge Vladimir Golitsyn (President, ITLOS) has been active in the field of International Law for almost four decades. At the Government level, as Head of the Division of Public International Law in the Ministry for Foreign Affairs of the former USSR and as head or member of delegations at various negotiations on fishery, navigation, and maritime boundary matters, as well as the Arctic and Antarctica. In July 2007, he acted as Chief Legal Counsel of the Russian Federation delegation in the proceedings in two prompt release cases brought by Japan against the Russian Federation before the International Tribunal for the Law of the Sea (the Hoshinmaru and the Tomimaru cases). At the UN, where he worked for twenty-five years, in the Office of the Legal Counsel and as Director of the Division for Ocean Affairs and the Law of the Sea, he was involved in a wide range of legal, in particular environmental and maritime matters, as well as such issues as the establishment and implementation of the oil-for-food program for Iraq, negotiation of arrangements related to the Lockerbie case, assistance in the demarcation of boundary between Iraq and Kuwait, assistance in the implementation of the Algiers Agreement between Eritrea and Ethiopia concerning boundary issues, assistance in the implementation of the Judgment of the International Court of Justice concerning the boundary dispute between Cameroon and Nigeria, assistance in facilitation by the Secretary-General of negotiations between Gabon and Equatorial Guinea on maritime boundary, etc. Judge Golitsyn is currently Vice-President of the Russian Association of Maritime Law and Professor of international law at the Moscow State University. He also teaches at the Rhodes Summer Academy of Oceans Law and Policy and the Summer Academy of the International Foundation for the Law of the Sea in Germany. Judge Golitsyn has been President of the International Tribunal for the Law of the Sea since 1 October 2014 and, for the three preceding years, the President of the Seabed Disputes Chamber of the Tribunal.
Camille Goodman (LLB (Honors) B.A. (International Studies) (Adelaide), Master of Maritime Studies (Wollongong)), has worked in the Office of International Law at the Attorney-General’s Department since 2005, providing advice to the Australian Government on the development, interpretation, and implementation of a wide range of public international law issues, with a particular focus on law of the sea and international fisheries law. She has represented the Australian Government at international meetings and negotiations, served as in-house legal adviser on international fisheries at the Department of Agriculture, and been responsible for the management of international litigation before international courts and tribunals. In 2015, Camille commenced a Ph.D. at the ANU College of Law, Australian National University, with support from the Sir Roland Wilson Foundation. Camille’s research concerns the nature and extent of coastal State jurisdiction over resources in the exclusive economic zone under contemporary international law.
Judge Tomas Heidar has been a Judge at the International Tribunal for the Law of the Sea since 1 October 2014. Before that he served as Legal Adviser of the Ministry for Foreign Affairs of Iceland for almost twenty years and represented Iceland regularly at meetings on oceans and the law of the sea at the United Nations and other international fora. He was awarded the title of Ambassador on 1 September 2014. Tomas Heidar is furthermore Director of the Law of the Sea Institute of Iceland. He is Co-Director and Lecturer of the Rhodes Academy of Oceans Law and Policy. He is also Lecturer at the University of Iceland, the Yeosu Academy of the Law of the Sea, and many other universities and academic institutions. Tomas Heidar is author and editor of a number of books and articles on ocean affairs and the law of the sea and lecturer in numerous academic conferences and seminars in this field.
Nicholas Ioannides is completing his Ph.D. in Public International Law at the University of Bristol. His thesis entitled “The Eastern Mediterranean States’ Approach to the Law of the Sea: Tensions and Trends” focuses on the application of the law of the sea rules in the Eastern Mediterranean Sea in the light of hydrocarbon discoveries in the region. He received his LLB from Aristotle University of Thessaloniki (Greece) in 2010 and earned an LL.M. in Public International Law from the University of Bristol in 2012, while he was called to the bar in Cyprus in 2011. Nicholas is also interested in the Law of Use of Force, the Law of Armed Conflict, the Law of International Organizations and Jurisprudence. He is a member of the European Society of International Law; the Hellenic Society of International Law and International Relations; the International Law Association (Greek and Cypriot Branches); the Cyprus Bar Association; and the Famagusta Bar Association.
Ioannis Konstantinidis (Ph.D. (Université Paris 1 Panthéon-Sorbonne), LL.M. (Université Paris 1 Panthéon-Sorbonne), M.A. (Sciences Po), B.A. (University of Athens)) is an Assistant Professor of International Law at Qatar University, College of Law. His Ph.D. thesis focusing on the institutions established by the United Nations Convention on the Law of the Sea (UNCLOS), constitutes the first comprehensive study assessing these institutions following the entry into force of UNCLOS. Ioannis has advised States, international organizations, and companies in connection with disputes heard, inter alia, at the International Court of Justice, the International Tribunal for the Law of the Sea (ITLOS), and the International Centre for Settlement of Investment Disputes. He has also worked at ITLOS and the Division for Oceans Affairs and the Law of the Sea of the United Nations. Ioannis is a public international law expert with particular interest in law of the sea, international organizations, international investment law, and human rights.
Konrad Jan Marciniak is the Deputy Director at the Legal and Treaty Department of the Ministry of Foreign Affairs of the Republic of Poland. He has also been a lecturer at the University of Cardinal Stefan Wyszynski in Warsaw from 2006-2016. Konrad advises the Government of Poland in particular on the law of treaties, issues related to the law of the sea, and environmental law. In particular, he participates in the United Nations General Assembly negotiations on marine biological diversity in areas beyond national jurisdiction, other law of the sea-related processes. Konrad also represents the Government of Poland in the work of the European Union (EU) Working Party on the Law of the Sea (COMAR). Konrad defended his Ph.D. thesis on Marine Genetic Resources in the Law of the Sea in 2014, and has also authored a number of articles on the law of the sea and other public international law and EU law topics. Konrad is a Member of the Maritime Law Committee of the Polish Academy of Sciences and of the European Society of International Law.
Eva Romée van der Marel started as a Ph.D. student at the Jebsen Centre for the Law of the Sea (JCLOS) at UiT, The Artic University of Norway, in September 2014. Her research focusses on the EU IUU Regulation in the broader context of the law of the sea regime. Eva holds an LLB (European) from the University of Exeter (U.K.), a Maitrise in European law from the Université de Rennes 1 (France), and an LL.M. in environmental law and policy from University College London (U.K.). Before embarking on her Ph.D., she worked as a research assistant on the Carbon Capture Legal Programme at University College London and on the “Beyond 2020” EU renewable energy sources project at the University of Oxford (U.K.).
John Norton Moore is the Walter L. Brown Professor of Law at the University of Virginia School of Law and Director of the University’s Center for Oceans Law and Policy. In addition to his scholarly career, Professor Moore has a distinguished record of public service. Among seven presidential appointments, he served as Chairman of the National Security Council Interagency Task Force on the Law of the Sea, Ambassador and Deputy Special Representative of the President to the Law of the Sea Conference (1973-1976), and as a Member of the National Advisory Committee on Oceans and Atmosphere (1984-1985). As Director of the Center for Oceans Law and Policy, Moore is also a Co-Founder with the Directors of the Aegean Institute of the Law of the Sea and Maritime Law, the Max Planck Institute for Comparative Public Law and International Law, and the Netherlands Institute for the Law of the Sea, of the international Rhodes Academy of Oceans Law and Policy.
Natalie Y. Morris-Sharma is Singapore’s first Legal Advisor at Singapore’s Permanent Mission to the UN in New York. She is concurrently Deputy Senior State Counsel with Singapore’s Attorney-General’s Chambers. Natalie advises and represents the Government of Singapore in negotiations on a variety of public international law issues. Regarding the law of the sea, these include marine biodiversity in areas beyond national jurisdiction and the annual oceans omnibus and sustainable fisheries resolutions of the UN General Assembly (UNGA). Natalie was recently Chairperson of UNCITRAL Working Group II (Arbitration and Conciliation), and Vice-Chairperson of the UNGA’s Sixth Committee bureau. Natalie has been involved in a number of trade and investment agreement negotiations. She is co-author of a book, From Treaty-Making to Treaty-Breaking: Models for ASEAN External Trade Agreements. Natalie has degrees from the University of Cambridge and New York University School of Law. She is called to the Bar in Singapore and New York.
Sean D. Murphy is the Patricia Roberts Harris Research Professor of Law at the George Washington University Law School, where he teaches international law. He is also a Member of the UN International Law Commission. Prior to entering academia, Professor Murphy served in the Office of the Legal Adviser at the U.S. Department of State, specializing in oceans and environment law, international dispute resolution, and the law of war. From 1995 to 1998, he served as the Legal Counselor of the U.S. Embassy in The Hague, representing the U.S. Government before the International Court of Justice, and the International Criminal Tribunal for the former Yugoslavia, and as the U.S. Agent to the Iran-U.S. Claims Tribunal. Professor Murphy has served as an arbitrator, counsel, and expert in cases before international courts and tribunals on behalf of Ethiopia, Kosovo, Indonesia, Macedonia, Suriname, Uganda, and the United States among others.
Gulardi Nurbintoro is currently an S.J.D. Candidate at the University of Virginia where he is writing a dissertation on maritime boundaries of archipelagic states. He holds a Bachelor of Law (S.H.) degree from Universitas Indonesia (2010) and a Master of Laws (LL.M.) degree from University of Virginia (2014). His passion for the law of the sea and public service encouraged him to join the Indonesian Ministry of Foreign Affairs in 2010. In 2011 he was sent for a short diplomatic apprenticeship at the Indonesian Consulate General in Dubai, United Arab Emirates. Prior to his departure to the U.S. he served at the Directorate for South American and Caribbean Affairs. Gulardi was a participant of the 2012 Clingendael Academy for International Relations in The Hague, and the 20th Session of the Rhodes Academy of Oceans Law and Policy held in July 2015 in Rhodes, Greece.
Bernard H. Oxman is Richard A. Hausler Professor of Law at the University of Miami School of Law, where he directs the Master of Laws Program in Maritime Law. He was Co-Editor-in-Chief of the American Journal of International Law from 2003 to 2013, and was elected to the Institut de Droit international in 2011. He has served as judge ad hoc of the International Court of Justice and the International Tribunal for the Law of the Sea, as well as arbitrator and counsel in public and private international cases. He served as United States Representative to the Third UN Conference on the Law of the Sea, where he was chair of the English Language Group of the Conference Drafting Committee and participated actively in the negotiation of the United Nations Convention on the Law of the Sea.
Dr. Efthymios Papastavridis is a Postdoctoral Research Assistant in International Law of the Sea at the Faculty of Law of Oxford University. He is also a Part-Time Lecturer in Public International Law at the Democritus University of Thrace, a Research Fellow at the Academy of Athens, and a Fellow of the Athens Public International Law Center. He has also been a Postdoctoral Fellow at the University of Athens and a Visiting Fellow at the Refugee Law Initiative of the School of Advanced Study, University of London. Dr. Papastavridis has read law at University of Athens and University College London. In 2009 he was awarded a Ph.D. in Public International Law from University College London. He has taught international law at University College London, Westminster University, University of Athens, and the University of Oxford. He has consulted the Hellenic Ministry of Foreign Affairs on issues of law of the sea as well as the UN Office on Drugs and Crime on transnational organized crime at sea and the UNHCR on questions concerning rescue at sea. In 2012, Dr. Papastavridis was the Director of the Centre for Research Studies of the Hague Academy of International Law.
Paul Reichler is a Senior Partner and Chair of the International Litigation and Arbitration Department at Foley Hoag LLP, in Washington, D.C. He is an experienced advocate before the International Court of Justice (ICJ), the International Tribunal for the Law of the Sea (ITLOS) and other international tribunals. He has represented sovereign States in international litigation and arbitration for over thirty years, beginning in 1984 as counsel for Nicaragua against the United States. Among his accomplishments before the ICJ, he represented Nicaragua against Costa Rica in the Navigational Rights case; Uruguay against Argentina in the Pulp Mills case; Nicaragua against Colombia in the Territorial and Maritime Dispute; and Ecuador against Colombia in the Aerial Spraying of Pesticides case. He has also represented States before ITLOS and in international arbitration proceedings. He has been counsel in most of the arbitrations brought under Part XV of UNCLOS, including for Bangladesh against India, the Philippines against China, Ghana against Côte d’Ivoire, Mauritius against the U.K., and Guyana against Suriname. Paul graduated from Harvard Law School in 1973.
Ed Turner is Counsel at Exxon Mobil Corporation where he advises on upstream transactional, operational and compliance matters. He began his career at Exxon Mobil in 1981. He has been actively involved in the negotiation of government agreements in West Africa, the Middle East and the Far East and merger and acquisition transactions in these regions and the United States. His responsibilities include advising on maritime boundary risk where a property is located in an area without internationally defined boundaries. He holds a BA from the University of Texas and a JD from the University of Houston.
Raymundo Tullio Treves is a Mexican and Italian citizen born in New York (U.S.A.). He is a Ph.D. Candidate of the University of Heidelberg and of the International Max Planck Research School on Successful Dispute Resolution. His research focuses on “Equality of Arms in International Dispute Settlement.” Raymundo graduated summa cum laude from the University of Milan with a thesis on “Arbitration and EC Regulation 44/2001,” which was awarded the “Padovani Award” by the Italian Society of International Law. He has taught international arbitration at the University of Milan, the London School of Economics, and the University of British Columbia and was a visiting scholar at the Law School of the University of California at Berkeley. He has authored various articles on international arbitration. Raymundo was assistant to Counsel for Peru in the Maritime Dispute between Peru and Chile before the International Court of Justice and interned at the International Court of Arbitration of the International Chamber of Commerce in Paris.
Tullio Treves is a Senior International Consultant in the International Arbitration group. Previously, Professor Treves was a Judge of the International Tribunal for the Law of the Sea (ITLOS) from 1996 to 2011, where he was the President of the Seabed Disputes Chamber, including in the proceedings for the delivery, on 1 February 2011, of an Advisory Opinion upon the request of the Council of the International Seabed Authority. He has chaired the Tribunal’s Committee of the Whole for the drafting of the Rules of the Tribunal. Prof. Treves has acted as Counsel for France in the Arbitration with Canada on the delimitation of maritime zones in the area of Saint-Pierre-et-Miquelon, for Finland in the Great Belt case before the International court of Justice, and for Peru in the maritime dispute with Chile (pending). He is an Ad hoc Judge chosen by Panama in the Virginius case before ITLOS (pending). He has experience as a Consultant to various Governments and International Organizations and as Chairman of an Arbitration tribunal of the Cairo Regional Centre for International Commercial Arbitration. Between 1984 and 1992, Prof. Treves was a Legal Adviser to the Permanent Mission of Italy at the UN in New York. In this capacity he chaired various working groups of the Sixth Committee and was a member of the Italian delegation to the Security Council. Prof. Treves is a Professor of Public and Private International Law at the Law Faculty of the State University of Milano, a position he has held since 1980.