ambassador el-murtadi suleiman gouider · 2020. 1. 26. · personal information name: abdelrazeg...

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Ambassador El-Murtadi Suleiman Gouider Member of the United Nations International Law Commission Curriculum Vitae Ambassadeur El-Murtadi Suleiman Gouider Membre de la Commission du droit international de l'Organisation des Nations Unies Curriculum Vitae

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  • Ambassador El-Murtadi Suleiman Gouider

    Member of the United Nations International Law Commission

    Curriculum Vitae

    Ambassadeur El-Murtadi Suleiman Gouider

    Membre de la Commission du droit international de l'Organisation des Nations Unies

    Curriculum Vitae

  • Personal Information

    Name: Abdelrazeg El-Murtadi Suleiman Gouider

    Date & Place of Birth: 17th July 1945, Green Mount Area (Gegab), Libya

    Nationality: Libyan

    Social Status: Married with 4 children

    Languages: Arabic (mother tongue)French & English (fluent)

    Professional Title: Council & Professor of Public & PrivateInternational LawsAmbassador& Legal Adviser at LibyanPermanent Mission to the United Nations

    Office Address: 309 East 48th Street, New York, NY 10017Tel: 212.752.5775Fax: 212.593.4784E-mail: a.elmurtadi @yahoo.com

    www.aelmurtadi.com

    Degrees & Distinctions

    ? L.L.B.”Legal letters Bachelor” 1964-1968Benghazi University, Libya

    ? Diplôme d'Études Supérieur “Master of Laws” in Public Law 1970-1971University of Grenoble, France

    ? Doctorat d’État“PhD“ 1971-1976University of Paris I/Sorbonne, France

    ? Knight of the Order of the First DutyLibyan State

    ? Awards and Appreciation CertificatesLibyan Cabinet, Universities and Unions, and other Regional Institutions

    N.B: Studies were undertaken in Arabic and French, in countries of civil and Islamic Law traditions. Knowledge of Common Law was enhanced through teaching andparticularly hands-on applications and translations.

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  • Professional Experience

    A- Legal Assignments:

    1. Engagements before the International Court of Justice (ICJ):

    - Agent for Libya before the Court in the Case Concerning the Continental Shelf:Libya/Malta (1982–1985), and its incidental proceedings: Application by Italy forPermission to intervene in the Case 1984

    - Counsel for Libya before the Court in the following Cases:• Case concerning the Continental Shelf: Tunisia v. Libya (1978–1982), and

    its incidental proceedings:• Application by Malta for Permission to intervene in the Case, 1981• Application by Tunisia for Revision and Interpretation of the Court Judgment of

    24 February 1982 1985

    • Questions of interpretation and application of the 1971 Montreal Convention: Libya v. United Kingdom, 1992 and its following incidentalproceedings:

    • Request for indication of Provisional Measures, Libya v. United Kingdom 1992• Preliminary Objections, United Kingdom v. Libya 1998

    • Questions of interpretation and application of the 1971 Montreal Convention: Libya v. United States, 1992, and its following incidentalproceedings:

    • Request for indication of Provisional Measures, Libya v. United States1998

    • Preliminary Objections, United States v. Libya 1998

    2. Other Judicial and legal Engagements:

    • President of the Court of Justice of Arab Maghreb Union 2009- 2010

    • Judge in the said court since 2002

    • Head of the Libyan Defense team and Counsel, in the arbitration Proceedings: Mobil Oil Libya, Ltd. Libya, Paris 1982-1983

    • Counsel for Libya and the Libyan National Oil Corporation (NOC-Tripoli) before the International Arbitration Court of the International Chamber of Commerce (ICC) in the following cases:

    o National Oil Corporation v. Libya Sun oil Company, ICC Case No4462 1985

    o Grace Petroleum Libya v. Libya and National Oil Corporation,ICC Case No 8035 1993-1995

    • Member of the legal Defense Team of the Organization of the Petroleum Exporting Countries (OPEC- Vienna), in cases against theOrganization and its members before US Courts.

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  • • Author of various Expert Opinions following assignments by domestic and International Law Firms acting before ICC tribunals on cases involving, inter alia, principles and rules of Libyan law and foreign investors legal Guaranties including law governing the relevant investment agreements and stabilization clauses.

    • Member of in-house teams of consultants in various issues of General International law, and Counseling Authorities and national institutions, on matters of petroleum Law, Concessions and new models ofpetroleum Agreements, updating participation Agreements concluded with International companies on plants installation and transfer of technology andknow-how.

    B- Legal / Diplomatic Assignments:

    1. International and Regional Organizations:

    • Participation in UN General Assembly Sessions, member of the Libyan delegations (with rank of Ambassador) to its 62nd - 65th Regular sessions,Libyan Representative to the Sixth Committee (Legal Committee) and LegalAdviser to the Libyan Permanent Mission at the United Nations. since 2007

    • Deputy Representative of Libya before the UN Security 2007-2009

    • Member and legal adviser of Libyan delegation to UN legal Conferencessuch as the Conferences on the Law of the Sea and the Succession of States.

    • Legal Expert participating in the works of the Ad Hoc Committee of the Organization of African Unity (OAU) dealing with the Chad- Libya Boundary dispute, Libreville. 1977

    • Legal Expert to the OAU in drafting the African Union Constitutive Act, AddisAbaba 1999-2000

    • Member and legal adviser of Libyan Delegation to OAU meetings and Summits considering Boundaries issues and process of establishment of African Union.

    • Counseling Libyan Secretariats on legal agenda items of International and Regional Organizations. Consultancy covered, inter alia, the law of the sea including UNCLOS matters, Sovereign and diplomatic immunity,International Humanitarian Law, International Criminal Tribunals, international Economic, investment and Trade-WTO Laws. It included drafting of proposalssubmitted to the UN, constituent documents presented to the Arabic andAfrican Regional Organizations and instruments of accession and adherence to therelevant World Organization and its Agreements.

    2. Negotiation:

    Chief Negotiator in Meetings and negotiations dealing with various legal and technicalissues including:

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  • • Compliance and application of the ICJ judgments of 1982 and of 1985 in theCase concerning the Continental Shelf, Tunisia v. Libya 1982–1988

    • Compliance and application of the ICJ Judgment of 1985 on the Case Concerningthe Continental Shelf: Libyan Arab Jamahiriya / Malta, 1985-1987

    • Discussion and drafting of Documents on Joint Exploitation of Shared-BoundaryOil and Gas Fields. 1986-1988

    Negotiator and legal adviser in meetings and negotiations dealing with various legal issues related, inter alia, to:

    • Status of Boundaries and border areas with neighboring States.

    • Technical co-operation and transfer of technologies under contractualarrangements and Joint Ventures established with International Partners in various sectors including oil and gas, industry, energy, and electricity ...

    C- Academic and Professional Responsibilities

    Deputy Dean of the Faculty of Law, Benghazi 1976-1979

    Head of Committees and Boards (Tripoli) which included:• Continental Shelf Committee, 1976-1987• Maritime and land Boundaries Committee 1987-1999• Petroleum Law Review and Drafting Committee 2005-2006• Petroleum Taxation Committee 2006• Drafting Committee of Maritime Areas Law, Tripoli 1988-1990• Disciplinary Board of the University Faculty members 2004-2005

    Membership in Boards and Committees such as:• Board of Directors of the Libyan Central Bank• Board of Foreign investments• Disciplinary Board of University Faculty members, Benghazi• Drafting Committee of the Libyan Constitution• Energy Consultative Commission

    Academic Experience

    A- Academic Ranks:Lecturer in Law (1976-1978), Assistant Professor (1979-1983), Associate Professor(1983-1990), Professor since 1990.

    B- Teaching, Research and other Academic Activities:Teaching for Undergraduate and postgraduate students through the academic years1976-2007 and in the following subjects and institutions:

    • Public International Law, Faculties of Law, Benghazi and Tripoli, Academies of: High Studies, Marine Science, Security Science, StaffCollege and the Institute of Diplomatic Studies, Tripoli

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  • • Private International Law, Faculty of Law and the Academy of SecurityScience, Tripoli

    • Diplomatic Law ,Institute of Diplomatic Studies, Tripoli• Petroleum Law, Faculties of Law, Benghazi and Tripoli

    Research and other Academic Activities included:• Head or Member of Juries assessing research papers submitted for

    upgrading university Faculty members and thesis for Masters and Doctorates in Libyan and Arabic Universities and High Institutes

    • Supervision of theses and researches of post-graduate students in theLibyan and Arabic Universities and offering counsel and opinions about various academic matters.

    • Participation in domestic and international meetings, seminars, Symposium and conferences. Participation included International events inHarvard and NYU Universities, and other institutions in Europe (Geneva, London, Rome), in Africa (Cairo, Cape Town) and Asia (Cyprus, Bahrain,Beirut) dealing with issues of International Law such as Human rights, Sanctions, Rome Statute of ICC, Remnants of Wars, InternationalArbitration...

    C- Selective List of Publications:

    Beside published Articles in Arabic and French, the Arabic published books (Tripoli) included:

    • Libyan Petroleum Legislations: Basic Legislations, 287 pages, 1980

    • Libyan Petroleum Legislations: Subsidiary Legislations, 503 pages, 1982

    • Petroleum Relationship in OPEC Countries: legal and financial aspects inLibya, as a case study, 493 pages 1983

    • The Continental Shelf Case between the Libya and Tunisia: Translationfrom English to Arabic of the ICJ Judgment of 1982, its appendedOpinions and the ICC judgment of 1981 on the Application by Maltafor Permission to intervene in the Case, 544 pages1985

    • Legal Persons in Private International Relations, 262 pages 2007

    • Natural Persons in Private International Relations, 321 pages 2007

    • The Continental Shelf Case between the Libya and Malta: Translationfrom English to Arabic of the ICJ Judgment of 1985, the appendedopinions, the ICC judgments of 1984 on the Application by Italy ForPermission to intervene in the Case, and the Application submitted by Tunisia for Revision and Interpretation of the ICJ Judgment issued on 24February 1982, 574 pages in Arabic 2008

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  • • Petroleum Relationship in OPEC Countries, 567 pages 2008

    Additionally, issuing annual notes for the students of undergraduate and postgraduate studies in the faculties of law (Benghazi and Tripoli), with updated andhighlighted recent developments in certain subjects such as the role of the ThirdWorld in the process of codification, progressive development of International Law,recent development in international arbitral and judicial precedents, the applicable law and jurisdiction clauses in the contracts concluded in the developingcountries with specialized international companies and the recent models of joint ventures established in these countries with international partners

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