Webinar Invitation: Keynote Addresses: Issues of Legitimacy in the International Legal OrderPanel Discussion: The Ever-Expanding Remit of UNCLOS Tribunals

Wednesday, 06 October 20219:30 AM (London time) / 4:30 PM (Singapore time) / 7:30 PM (Sydney time)

This event will commence with the keynote speakers, Professor Shotaro Hamamoto and Professor Simon Chesterman, two leading thinkers and practitioners in public international law sharing their views on issues of legitimacy in the international legal order.

The keynote addresses will then be followed by a panel discussion on the ever-expanding remit of Tribunals constituted under the UN Convention on the Law of the Sea (UNCLOS). At the heart of UNCLOS is a comprehensive dispute settlement system that has been called upon to address a range of disputes concerning the interpretation and application of UNCLOS. This webinar will examine recent jurisprudence of UNCLOS Tribunals and will assess the extent to which these decisions have expanded their remit. Issues to be addressed include the apparent expansion of UNCLOS Tribunal jurisdiction, the ability of UNCLOS Tribunals to make incidental determinations, applicable law in UNCLOS disputes, and the application of UNCLOS to freedom of navigation

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KEYNOTE SPEAKERS

Professor Shotaro HamamotoGraduate School of Law, University of KyotoShotaro Hamamoto (LL.B.(Kyoto), LL.M.(Kyoto), Docteur en droit (Paris II)) is Professor of the Law of International Organizations at the Graduate School of Law, Kyoto University, and has been Professeur invité, Université de Paris I (2009), Sciences Po de Paris (2012), Université de Strasbourg (2019), and Professor, Hague Academy of International Law (2019).

He has sat on numerous significant committees on international law, including as Co-Chair, Committee on Procedure of International Courts and Tribunals, International Law Association (2016-2020), Member of the Scientific Advisory Board, Max Planck Encyclopedia of International Procedural Law (2018-present), Member of the Advisory Board, Max Planck Encyclopedia of Public International Law (2019-present).

Professor Hamamoto has also represented states in various international proceedings, including as Counsel for Botswana in Legal Consequences of the Separation of the Chagos Archipelago from Mauritius (ICJ, Advisory Opinion, 2018-2019), and Counsel and Advocate for Japan in Whaling in the Antarctic (ICJ, Australia v. Japan, New Zealand intervening, 2010-2014), Hoshinmaru (ITLOS, Japan v. Russia, 2007), and Tomimaru (ITLOS, Japan v. Russia, 2007).

He was also the Japanese Delegate to UNCITRAL (2010-present) and to the OECD Investment Committee (2011).

Professor Simon ChestermanNational University of SingaporeSimon Chesterman is Dean and Provost’s Chair Professor of the National University of Singapore Faculty of Law and Senior Director of AI Governance at AI Singapore. He is also Editor of the Asian Journal of International Law and Co-President of the Law Schools Global League.

His teaching experience includes periods at the Universities of Melbourne, Oxford, Southampton, Columbia, and Sciences Po. From 2006-2011, he was Global Professor and Director of the New York University School of Law Singapore Programme. Prior to joining NYU, he was a Senior Associate at the International Peace Academy and Director of UN Relations at the International Crisis Group in New York. He has previously worked for the UN Office for the Coordination of Humanitarian Affairs in Yugoslavia and interned at the International Criminal Tribunal for Rwanda.

Professor Chesterman is the author or editor of twenty-one books, including We, the Robots? Regulating Artificial Intelligence and the Limits of the Law (CUP, 2021); Law and Practice of the United Nations (with Ian Johnstone and David M. Malone, OUP, 2016); and One Nation Under Surveillance (OUP, 2011). He also writes on legal education and higher education more generally, and is the author of four young adult fiction novels including the Raising Arcadia trilogy.

Professor Tim Stephens University of SydneyTim Stephens is Professor of International Law at the University of Sydney Law School and Fellow of the Australian Academy of Law. He teaches and researches in public international law, with his published work focussing on the international law of the sea, international environmental law and international dispute settlement. Professor Stephens' major publications include The International Law of the Sea (Hart, 2010, 2016, co-authored with Donald R Rothwell), and International Courts and Environmental Protection (Cambridge University Press, 2009).

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Alvin Yap Squire Patton BoggsAlvin is an associate at Squire Patton Boggs in Singapore. He has acted as counsel in seven State-to-State disputes and he regularly advises governments and companies on public international law issues. He appeared on behalf of India in the Enrica Lexie arbitration against Italy.

Stephen Fietta QCFietta LLPStephen Fietta QC is the founder and principal of Fietta LLP, and a leading public international law practitioner. He has practised, from both within government and private practice, for more than 20 years. He has advised on cases before the International Court of Justice (ICJ), International Tribunal for the Law of the Sea (ITLOS), European Court of Justice, European Court of Human Rights and multiple domestic courts. He was counsel for Barbados in the first maritime boundary arbitration under Part XV of UNCLOS.

Stephen is a Visiting Senior Lecturer at King’s College, London. Stephen has co-authored (with Dr Robin Cleverly) A Practitioners Guide to Maritime Delimitation, published in March 2016, which is regularly cited before international courts and tribunals.

Callista HarrisUniversity of SydneyCallista Harris is a consultant in public international law and represents States before international courts and tribunals, including the International Court of Justice, the International Tribunal for the Law of the Sea and UNCLOS Annex VII tribunals. She is currently a doctoral candidate at the University of Sydney, where her research focuses on subject-matter jurisdiction and applicable law before international courts and tribunals. Callista’s publications on the topic include “Incidental Determinations in Proceedings under Compromissory Clauses” (2021) 70 ICLQ 417 and “Claims with an Ulterior Purpose: Characterising Disputes Concerning the ‘Interpretation or Application’ of a Treaty” (2020) 18 LPICT 279.

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09:30am Start of event and introduction

09:40am Keynote addresses

10:10am Introduction by moderators

10:12am Presentation by panellists

10:50am Question and answer session

11:00am End of event

AGENDA (BASED ON LONDON TIME)

MODERATORS

PANELLISTS

Ben Juratowitch QC Freshfields Bruckhaus Deringer LLPBen Juratowitch QC serves as counsel before international courts and tribunals. These include the International Court of Justice, arbitral tribunals resolving disputes between States, arbitral tribunals resolving disputes between States and foreign investors, and arbitral tribunals resolving disputes between commercial parties. He also serves as counsel in domestic court proceedings related to international law and international arbitration. Ben teaches an annual course of seminars on international dispute settlement at the University of Paris Descartes and has been a visiting fellow in the Faculty of Law at the London School of Economics.

Captain Ian ParkRoyal Navy, United KingdomCaptain Ian Park is a barrister in the UK Royal Navy. He has deployed as a legal adviser on operations to Afghanistan and, on many occasions, to the Middle East. Ian is, or has been, a Hudson Fellow at Oxford University, a Visiting Fellow at Harvard Law School, a First Sea Lord’s Fellow and a Freeman of the City of London. He is a graduate of St. John’s College, Cambridge, has a doctorate in law from Balliol College, Oxford and has lectured at Harvard Law School, Cambridge University and Oxford University amongst other institutions. Ian is the author of, inter alia, ‘The Right to Life in Armed Conflict’ (Oxford University Press, 2018) and in 2018 was the winner of the outstanding performance by an HM Forces barrister at the UK Bar Awards.