Law and DevelopmentProgramme

Coordinated by Hugo Warner

The British Institute of International and Comparative Law has played animportant role in providing research, advice, and strategic consultingservices in law reform projects around the world. Training courses havebeen designed for a variety of participants including judges, governmentlegal advisers, leading practising lawyers and court officials. The Instituteis able to provide initial needs assessment, customized programmesdesigned for specific requirements, training by leading practitioners andprofessional bodies in the United Kingdom, and study visits.

The Institute has ongoing projects in Afghanistan, Armenia and Iran. Aswell as these, and indeed all of the Member States of the EuropeanUnion, the countries with which the Institute has worked in the last fiveyears include the following: Botswana, Cameroon, China, Cyprus, Ghana,Hong Kong, Kenya, Lesotho, Malawi, Mongolia, Nigeria, India, Indonesia,Pakistan, Russia, Rwanda, Sierra Leone, South Africa, Sudan,Swaziland, Tanzania, Uganda, Zambia and Zimbabwe. Its range of coun-tries and depth of experience is constantly expanding.

The Institute’s additional advantage over most providers is its ability todraw on the practical experience of its members, so as to provide advicebased on a truly comparative understanding of the strengths and weak-nesses of legal models around the world. Recent work for the Departmentfor International Development on the reform of administrative law inArmenia and political reform in Afghanistan are examples of usingcomparative law to develop proposals combining the best of common lawand civil law experience. The Institute is currently expanding its work inlaw reform, and is now working with several high-profile partner organiza-tions to assist with developing strategies to enhance safety, security, andaccessible justice in developing countries.

To facilitate its increasing involvement in this field, in early 2006 theInstitute developed a database of legal consultants for use on its ownprojects and to recommend to partner organizations. To this end, it seeksexperienced practitioners and academics with expertise in this type ofwork, for assignments of greatly varying scope and duration. This rapidlyexpanding resource allows the Institute to make an assessment of suitableconsultants and contact appropriate candidates when an opportunityarises. If you would like your details to be held by the Institute for possible

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future assignments, please contact Hugo Warner (h.warner@biicl.org).Potential consultants should have a minimum of five years’ substantiveexperience in the implementation of legal, governance or judicial reformprogrammes in developing or transition economy countries.

The following is a summary of the discussions and developmentprogrammes in which the Institute has been involved during the past year:

Public Sector Reform: Achieving Effective Delivery of theDevelopment Agenda—Lessons from the Front Line

On 24 November 2005 the Institute co-sponsored a major internationaldevelopment conference staged by PricewaterhouseCoopers. This wasattended by 150 delegates from public, private and voluntary sectors whowork with international development agencies to reform the public sectorsin developing and transitioning countries. The participants brought a widerange of first-hand experience of supporting development, especiallypublic sector reform. Also involved in the conference were Adam SmithInternational, Business Action for Africa, the Chartered Institute of PublicFinance Accountants and the National School of Government. TheInstitute was represented by Gillian Triggs, who led the concluding discus-sion in the conference, and Jeremy Carver, who chaired a discussionpanel on public sector reform.

London Conference on the Afghan Development and SecurityCrisis: 30 January 2006

On 30 January 2006, as part of its cooperation with the drugs policyresearch group, the Senlis Council, and to coincide with the AfghanistanInternational Donors Conference, the Institute participated in this discus-sion. Gillian Triggs delivered a paper on Afghanistan’s accession to theWTO and associated international trade issues.

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DFID’s Afghanistan Programme

Afghanistan’s challenges remain formidable. The political consensus isunstable, with continued insurgency in parts of the country and terrorism anever-present threat. Economic progress is patchy, with overly high expec-tations of how long reconstruction will take. Governance problems—notablycorruption, weak capacity and dysfunctional institutions, affect everything.The drugs trade is a major threat to the rule of law. Afghanistan’s security,reconstruction and political challenges are inextricably linked.

The UK Department for International Development (DFID) has estab-lished a range of Framework Agreements to enable it to respond rapidlyand effectively to Afghanistan’s reconstruction needs. The UKGovernment is committed to supporting the reconstruction of Afghanistanin several key areas: public administration and economic managementreform, livelihoods and counter-narcotics, trade and investment, and polit-ical process and security sector reform.

The objective of the Framework Agreements will be to ensure the provi-sion of rapid, efficient and effective consultancy services in a number ofsectors. The Institute, together with Atos Origin Consulting (www.atosorigin.com), is carrying out work in the following areas:

Governance

• Public administration reform (including implementing priority reform andrestructuring processes)

• Capacity-building and institution building in the public sector• Service delivery• Procurement policies and processes

Political

• Political participation and accountability (elections, civic education)• Security sector reform• Judicial reform• Drivers of change• Scope of work

Consultancy services will include project and programme design work;project implementation, monitoring and evaluation; the design and deliv-ery of training activities; consultancy recruitment; and policy support work.Work under these arrangements will be located in the UK or inAfghanistan, and is expected to commence during 2006.

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The Senlis Council: Feasibility Study onOpium Licensing in Afghanistan

Drug policy is a key issue in the reconstruction of Afghanistan.Recognizing the immediate need to dramatically reduce the nation’s ille-gal opium trade, the British Institute of International and Comparative Lawhas contributed to a study conducted by the Senlis Council (www.senlis-council.net) on the feasibility of licensing opium production for medicalpurposes.

The Institute’s contribution to the Feasibility Study examined the possi-bility of an amnesty scheme in Afghanistan as a measure through whichlicensed opium production can be successfully realized. Any suchproposal will have to be compatible with Afghanistan’s pre-existing oblig-ations, both in international and domestic law. As an implementingmeasure, the legality of the scheme is dependent upon the legitimacy ofthe opium licensing proposals overall; once these obtain the appropriatelevels of international and national approval, the legitimacy of the amnestywill be more easily recognized. Large-scale pragmatic measures of thissort may be considered favourably in a fledgling State such asAfghanistan, which needs to bring about drastic shifts in patterns of activ-ity whilst strengthening its law enforcement institutions.

Kabul International Symposium on Global Drug Policy

From 26–28 September 2005 the Senlis Council held its KabulInternational Symposium on Global Drug Policy, a high level internationalconference that brought drug policy experts from around the world to meetwith Afghan Government officials, along with other key stakeholders andinternational organizations present in Afghanistan. The conferenceaddressed issues of drug addiction and treatment, cultivation, eradication,alternative livelihoods and organized crime and legal responses. HugoWarner represented the Institute at this conference, presenting a paper onthe design and implementation of an amnesty scheme as part of the over-all licensing system.

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Armenian Public Sector ReformProgramme (APSREP)

From 2003–2007 the Institute is involved in this major project in conjunc-tion with PricewaterhouseCoopers on behalf of the Department forInternational Development (DFID). Its overall aim is to improve the effi-ciency, effectiveness, accountability, transparency and responsiveness ofall levels of public administration within Armenia as part of DFID’s ultimateaim of poverty alleviation. The Institute is advising the Government ofArmenia on a number of wide-ranging law reforms.

The project is part of a multilateral framework for the reduction ofpoverty in Armenia. The project provides a significant element of the tech-nical assistance within the framework of the World Bank Public SectorModernization project and will be implemented in close cooperation withthe EU-TACIS National Assembly project and the interventions of otherbilateral donors.

Work continues in 2006 with a series of field and desk-based studiesdesigned around the most recent developments in the Programme.

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Commonwealth Legal Research

To date the British Institute of International and Comparative Law’sCommonwealth Programme has chiefly centred on the CommonwealthLegal Advisory Service (CLAS) which it has operated on behalf ofCommonwealth countries since 1961. This has provided legal andresearch services on request to Attorney-Generals, other governmentagencies and official law reform agencies in the Commonwealth inrespect of laws and legal developments in Commonwealth jurisdic-tions. More broadly, there is a natural correspondence between theInstitute’s law and development work and its Commonwealth activities.Commonwealth countries represent around one-third of the world’s popu-lation; their historical links and the similarities between the legal systemsof these States constitute a very strong case for providing assistance onissues of shared concern.

In recent years the Institute has conducted several research projectswith a Commonwealth emphasis. The Institute has run various projectswhich involved the Commonwealth. These have included ‘Legal Tools forCommonwealth Africa’, which looked at the application of the deathpenalty in 13 Commonwealth African countries, and several access tojustice projects for the Department for International Development.

In 2005 the Institute played an extensive role in the CommonwealthLaw Conference, hosted by the Commonwealth Lawyers Association andthe Law Society of England and Wales. It was represented throughout theprogramme by Gillian Triggs; Lord Bingham of Cornhill (Chairman of theInstitute); Lady Justice Arden (Adviser to the Board of Trustees); and DrPhilip Iya, Director of the Institute’s Death Penalty project. Papers fromthe conference may be accessed at www.commonwealthlaw2005.com. Inearly 2006 it played host to a visit by the Ombudsman for Bermuda, MsArlene Brock, as part of a programme of administrative justice training.

The Institute continues to reinforce its links with Commonwealth insti-tutions in London and elsewhere, and is currently tendering for a series ofmajor access to justice projects in Sub-Saharan Africa.

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Research Profiles

Dr Susan Carolyn Breau

Dr Breau is the Dorset Fellow in Public International Law, a positionfunded by the kind generosity of the Dorset Foundation. Together withFederico Ortino she coordinates the International Law ResearchProgramme. Her main responsibilities are to develop the public interna-tional law part of the International Law Programme at the Institute and toconduct independent research in public international law. She is specifi-cally responsible for overseeing the following projects which aredescribed in this annual report:

Evidence in International Courts and TribunalsThe Promotion of Democratization and Human Rights in IranInternational Humanitarian Law Research GroupInternational Law in Domestic Courts (events series)

Career

Dr Breau obtained her PhD in 2003 from the London School of Economicsand Political Science. Her topic was: ‘An Examination of the Doctrine ofHumanitarian Intervention in Customary International Law and Under theUnited Nations Charter’. She continues to conduct research in this area ofinternational law.

She is a barrister and a solicitor in the province of Ontario, Canada(called to the Bar in 1981). Her most recent position was at the School ofLaw, Queen’s University, Belfast, Northern Ireland where she was aLecturer and Course Convener in Public International Law (LLB) and theLLM Human Rights Law Course Coordinator.

Dr Breau is a part-time faculty member at the London School ofEconomics teaching the Law of Armed Conflict and the InternationalProtection of Human Rights in the LLM programme.

She is also a part-time faculty member of Pepperdine University teach-ing International Law on the JD program and a visiting adjunct AssociateProfessor of the Royal Military College of Canada.

PUBLICATIONS 2005:

SC Breau ‘The International Legal Framework’ in D Last and B Horn (eds)Choosing Force? Special Operations for Canada (McGill Queen’sUniversity Press 2005).

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S Breau Humanitarian Intervention: The United Nations and CollectiveResponsibility (Cameron May London 2005).

SC Breau ‘Legal Consequences of the Construction of a Wall in theOccupied Palestinian Territory; Advisory Opinion, 9 July 2004’ 54 ICLQ1003 (2005).

Theodora Christou

Theodora Christou started working at the Institute in November 2001 andhas since worked on a number of projects under different roles in thefields of international, European and comparative law. She has continu-ally worked on the Commonwealth Legal Advisory Service (CLAS) andthe Institute’s Public International Law and Human Rights Programme ofevents.

As a research assistant she was assistant editor of the Bulletin ofLegal Developments. She was Administrator of the Institute’sDevelopment Appeal between April 2002 and June 2003 helping raiseover £2 million for the Institute in addition to helping develop new foraand projects. One of these projects was the ‘Legal Tools forCommonwealth Africa’ project which looked at the application of thedeath penalty in Commonwealth Africa. As coordinator of the project sheproduced the Human Rights Manual and Sourcebook for Africa, orga-nized training for lawyers and judges (in partnership with the Bar HumanRights Committee) and established a strong network of human rightslawyers from a range of legal disciplines. In order to capitalize on thesuccess of this project, she has drafted proposals to take the project intoa second phase.

At completion of this project she took over as interim director of theData Protection Research and Policy Group (July–December 2005).

She continues to develop the Commonwealth programme and anumber of projects including a programme which will develop the compli-mentarity and universality principles of the ICC in Sub-Saharan Africa. Itwill also involve comparative research on the relationship between inter-national justice and local remedies worldwide.

Her main area of interest is in human rights and more generally publicinternational law, the Commonwealth and development law.

Professor Cees van Dam

Professor Cees van Dam is Director of the European and ComparativeLaw Programme and of the Regulation Forum. He is also Professor ofPrivate Law at the Vrije Universiteit in Amsterdam.

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In 2005 he completed two major research projects, one with ErikaBudaite for the European Commission (DG SANCO) on the laws of UnfairCommercial Practices in the new Member States, and one for the Ministryof Justice in the Netherlands on Liability of Supervisory and RegulatoryBodies in a European and comparative framework.

In 2006 he will further develop the European Law Programme andsupervise the Institute’s research project on ‘Legalization of Documents’,funded by the European Commission (DG Justice and Home Affairs).

Since 1992 Cees van Dam has been Professor of private law at theVrije Universiteit in Amsterdam. From 1995–2002 he was Head of thePrivate Law Department and Director of the Private Law ResearchProgramme.

He has been a Professorial Fellow of the Institute since 2002, Directorof the Regulation Forum since 2004 and Director of the European andComparative Law Programme since 2006. In May 2006, Oxford UniversityPress published his book European Tort Law. This is the world’s first text-book on this topic, bringing together national tort law, comparative law,Community law and human rights law.

In 1989 he completed his PhD thesis on ‘Liability for Negligent Conductin England, Germany, France and the Netherlands’ (cum laude, UtrechtUniversity). Subsequently, he worked at the Dutch Ministry of Justice onthe new Dutch Civil Code, European Directives and international treatiesin the framework of the United Nations and the OECD.

He regularly speaks at conferences and teaches and writes aboutEuropean and comparative private law, including torts, unfair competition,insurance, contracts and property law. He is also a deputy judge in theArnhem Court of Appeal, and advises national and international law firmson various legal issues.

Andrzej Dethloff

Within the Product Liability Forum Andrzej Dethloff builds up theProduct Liability Database, which is a unique source of materials oncomparative product liability and product safety law. The aim is toprepare a comprehensive database, which will allow far-reachingresearch to be undertaken in this area. An important part of this workevolves around mass torts, especially in the international context.

Andrzej Dethloff also works on the ‘Compensation Culture’ Projectcommissioned by the DCA. The main focus of this project is to researchthe European jurisdictions and see how they handle the phenomenon of‘compensation culture’ and whether Europe is experiencing or is about toexperience the amount of litigation which the US is famous for. Theresearch will look at both primary and secondary sources, the former

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including surveys with practitioners, on both the claimant and defendantside, the latter a thorough review of academic literature from variousEuropean jurisdictions. The research shall result in an extended paper aswell as an international conference at the BIICL looking at the ‘compensa-tion culture’. The main focus of the research will be the tort of negligence;some examples may also be drawn from the employment law area.

Dr Duncan Fairgrieve

Dr Duncan Fairgrieve is Fellow in Comparative Law and Director of theTort Law Centre at the Institute. He is also Maître de Conférences atSciences Po, Paris. He holds degrees from Oxford, London and Paris. DrFairgrieve’s research interests focus upon comparative law, spanningboth private and public law. In the sphere of public law, he has a particu-lar interest in the liability of public authorities in tort law. He published amonograph on public authority liability in 2003, State Liability in Tort,which examines the topical sphere of governmental liability from acomparative perspective, arguing that there has been an important shift inthe traditional English law approach under the influence of Europeanhuman rights law and Community law. He also has an interest in thecomparison of aspects of Anglo-French public law. He has recentlycompleted a major publication with two judges from the French SupremeAdministrative Court, the Conseil d’Etat, Monsieur le Président BernardStirn and Mattias Guyomar. The book is entitled Droits et Libertés enFrance et au Royaume-Uni and examines a number of contemporarypublic law topics in a comparative perspective. It is published by OdileJacob. In the sphere of comparative private law, Dr Fairgrieve works on avariety of topics, in particular tort law and product liability. He is the found-ing Director of the Tort Law Centre at the Institute, in charge of projectson Product Liability, Clinical Negligence, and Public Authority Liability. Heis in the process of completing a book with Professor Horatia Muir Watt(Paris I, Sorbonne) on the topic of Common Law et tradition civiliste:convergence ou concurrence? to be published during 2006 by PressesUniversitaires de France. Dr Fairgrieve is a qualified French avocat andpractises in the field of product liability and civil/commercial litigation inParis. He is an academic consultant at One Crown Office Row.

Agnieszka Jachec-Neale

Agnieszka Jachec-Neale holds a Masters of Science in Law andAdministration from the University of Gdansk (Poland) and is currentlycompleting doctorate studies at the International Public Law Department

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of the same university. Her thesis focuses on philosophical and normativeaspects of crimes against humanity.

Mrs Jachec-Neale has more than five years’ experience in working withinternational organizations in south-eastern Europe, where she special-ized in monitoring domestic war crimes trials and human rights field obser-vation. In the past she was involved in the management andimplementation of three major human rights projects and producinganalytical multi-disciplinary reports in the field of international humanrights and international humanitarian law.

Currently serving as a research fellow, she is developing researchspecializing in the laws of armed conflict and is involved in the Institute’sproject promoting human rights and democracy in Iran. She also teachespublic international law at the Centre for International Studies andDiplomacy, School of Oriental and African Studies (SOAS) of theUniversity of London.

She is working both on the International Humanitarian Law and Iranproject publications and she has also contributed a chapter on ‘Fact-Finding’ for the forthcoming addition of the Max Planck Encyclopedia ofPublic International Law.

PUBLICATIONS:

SC Breau and A Jachec-Neale (eds) Testing the Boundaries ofInternational Humanitarian Law (BIICL London March 2006).

‘International Humanitarian Law and Polish Involvement in StabilizingIraq’ in SC Breau and A Jachec-Neale (eds) Testing the Boundaries ofInternational Humanitarian Law (BIICL London 2006).

‘Kilka uwag na marginesie pojêcia ‘zbrodnie przeciwko ludzkoœci’ (‘Someremarks regarding a concept of crimes against humanity’) GdañskieStudia Prawnicze, t XIII, Gdañsk, April 2005.

Dr Philip Marsden

Dr Philip Marsden is a competition lawyer with a particular interest inabuse of dominance, international competition issues and aspects of thelaw of the World Trade Organization (WTO) relating to competition policy,telecommunications and dispute settlement proceedings.

He earned his DPhil from Oxford University, an LLM in European Lawfrom Leicester University, and an LLB and BA (Hons) from the Universityof Toronto. He qualified as a Barrister and Solicitor at the Law Society ofUpper Canada in 1991, and has been in private practice with law firms inToronto, Tokyo and most recently with Linklaters in London. From1994–1996, he was a case officer with the Economics and International

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Affairs Branch of the Canadian Competition Bureau. He joined the CLF asits Director in 2003.

Dr Marsden is a frequent media commentator and conference speakeron competition and trade issues. He is editor of the European CompetitionJournal and a Founding Director of World Trade Institute Advisors.

RECENT PUBLICATIONS INCLUDE:

BooksMarsden and Hutchings (eds) Current Competition Law II (2004), III

(2005) and IV (2005) (BIICL London).Exclusionary Business Practices and their Effects on Competition and

Development (United Nations Geneva 2005).A Competition Policy for the WTO (Cameron May London 2003).Trans-Atlantic Antitrust Research Handbook (Edward Elgar Cheltenham

forthcoming, 2006).

Articles/Chapters‘The Concept of Price Discrimination Under EC and UK Law’, paper

presented to the American Bar Association, Antitrust Tele-seminarSeries (27 February 2006) (with P Whelan).

‘European Competition Policy: the Next Phase’ Moving Europe Forward(UK Presidency London 2005) (with M Hutchings).

‘The Contribution of Bilateral Trade or Competition Agreements toCompetition Law Enforcement Cooperation between the EU andMexico; Canada and Chile; and Canada and Costa Rica’ (CEPRLondon 2005) (with P Whelan).

‘The Reform of Article 82: Recommendations on Underlying Objectives’1(1) European Competition Journal 179 (March 2005).

Presentations‘WTO Competition Provisions’ Modern Politics Programme for

Kazakhstan Government (London School of Economics 29 March2006).

‘Building An Effective Competition Law Regime In Nigeria: Establishing A Local Context and Meeting International Standards’ NationalConference on Competition Law (International Law Institute and LagosBusiness School Nigeria 9–10 March 2006).

‘The Future of European Competition Policy’ (London School ofEconomics London 27 February 2006).

‘A Review of International Perspectives on Price Discrimination’ (ABAtele-conference 27 February 2006).

‘Trade and Competition’ week-long course (World Trade Institute MILEprogram Berne 13–17 February 2006) (modules on vertical restraints,

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abuse of dominance, international enforcement, WTO competitionprovisions, Kodak/Fuji trade case and Telmex trade case).

‘Controlling Business Practices of Dominant Firms—CompetingModels: EU, US and WTO’ Modern Politics Programme for KazakhstanGovernment (London School of Economics 14–25 November 2005).

‘Competition Provisions in Bilateral Trade Agreements’ CEPRConference, and Joint Working Group of the Trade and CompetitionCommittees (OECD Paris October 2005).

‘Competition Provisions in Bilateral Trade Agreements’ CEPR Conference(Brussels April 2005).

Stephen Mason

Stephen Mason took his first degree after nine years in bomb disposal,and practised at the Bar before teaching at the Inns of Court School ofLaw. Before being invited to join the Institute, he provided preventativelegal advice to national and international companies in commercialmatters, particularly IT, e-business and e-risks.

He is a member of the IT Panel of the General Council of the Bar ofEngland and Wales, the Correspondents Panel of the Computer Law andSecurity Report, the Society for Advanced Legal Studies, Society ofAuthors and Society for Computers and Law.

He is the author of Electronic Signatures in Law (LexisNexisButterworths 2003) and Networked Communications and Compliancewith the Law (5th edn xpl publications 2005), the electronic and digitalsignatures editor and author of Chapter VI ‘Electronic and DigitalSignatures’ for the practitioner loose-leaf textbook by Michele RennieInternational Computer and Internet Contracts and Law (Sweet &Maxwell), and the founder (2004), publisher and general editor of theDigital Evidence Journal, incorporating the eSignature Law Journal.

Stephen Mason has also written chapters for other textbooks, includ-ing ‘E-Signature & E-Security: Establishing intent in the electronic envi-ronment’ for E-Security Law & Strategy: Practical Guide to ManagingLegal Risks in Information Security (Zaid Hamzah (ed) LexisNexisMalaysia and Singapore Edition 2005); ‘Electronic Commerce’ and‘Managing Risk on the Internet’ (the second chapter with CharlesChristian and Rupert Kendrick) in Internet Marketing Strategies for Law Firms (Nicola Webb (ed) Law Society Publishing 2003); andChapter 6 ‘e Changes Everything: Lawyers and electronic signatures’in Nick Holmes and Delia Venables Whither the Legal Web? (Infolaw2005).

Since being invited to join the Institute, he has developed a newresearch programme, the Digital Evidence Research Programme, with

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the intention of conducting international and comparative appliedresearch in the field of digital evidence.

Dr Federico Ortino

At the British Institute, Dr Federico Ortino is Director of the InvestmentTreaty Forum and Fellow in International Economic Law. He is alsoAdjunct Professor at the University of Florence. He is a member of the ILACommittee on International Trade Law and co-rapporteur to the ILACommittee on the Law of Foreign Investment. He is a qualified attorney inItaly and in the state of New York.

Dr Ortino’s research interests lie primarily in international economiclaw, in particular WTO law, investment law and EC law, with additionalinterests in international commercial law and litigation.

Together with Dr Susan Breau, Dr Ortino coordinates the InternationalLaw Research Programme at the British Institute. He is specificallyresponsible for overseeing the activities of the Investment Treaty Forum,the research project on Damages in International Law and the researchactivities on International Economic Law and the WTO.

Career

Dr Federico Ortino holds a law degree from the University of Florence,School of Law (1996, magna cum laude), a Master of Laws fromGeorgetown University Law Center (1997, with distinction) and a doctor-ate from the European University Institute, Florence (2002). Before join-ing the British Institute in January 2005, he was Emile Noël Fellow andFulbright Scholar at the NYU Jean Monnet Center in New York. He hasworked as legal consultant for law firms in Florence, London and Brusselsas well as for the United Nations Conference on Trade and Developmentand the World Trade Organization in Geneva. He has lectured universitystudents in London, Florence, Rotterdam, Edinburgh, Trento, Siena, andVerona.

RECENT PUBLICATIONS

‘Treaty Interpretation and the WTO Appellate Body Report in US—Gambling: A Critique’ (2006) 9(1) Journal of International Economic Law.

‘The Social Dimension of International Investment Agreements: Drafting aNew BIT/MIT Model?’ (2005) 7(4) International Law FORUM du droitinternational.

‘From Non-Discrimination to Reasonableness: A Paradigm Shift inInternational Economic Law?’ (2005) Jean Monnet Working Paper No1/05, pp 1–59.

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Basic Legal Instruments for the Liberalisation of Trade: a ComparativeAnalysis of EC and WTO Law (Hart Publishing Oxford 2004).

WTO Dispute Settlement System: 1995–2003 (Kluwer The Hague 2004)(co-edited with EU Petersmann).

Anna Riddell

Anna Riddell joined BIICL as a Research Fellow in Public InternationalLaw in October 2005. Prior to that, she completed the Bar VocationalCourse at the Inns of Court School of Law, and was called to the Bar byLincoln’s Inn in July 2005.

She holds an LLM in European Law with Distinction from the Universityof Exeter (Dissertation—‘The Rule of Reason in EC Competition Law—Isthe Debate Really Over?’ Summer 2004). As an undergraduate she stud-ied law at Brasenose College Oxford, spending one summer as an Internat the Brussels Office of the Law Society.

Anna Riddell works on two of the Institute’s major projects: Evidence inInternational Courts and Tribunals, and Human Rights andDemocratization in Iran. She is also involved in several other Instituteinitiatives, such as an Antarctic Treaty Regime Conference in June.

She has recently attended the International Court of Justice in TheHague to hear witness testimony in the Bosnia Herzegovina v Serbia andMontenegro Genocide case, which has been carefully followed for theEvidence Project. Interviews with the President of the ICJ and the FirstLegal Secretary of the Court also proved fruitful and she will be making asecond visit to interview the Judges of the Court on the issue of the rulesof evidence.

Anna Riddell is working on publications for both projects which areexpected to be published in early 2007 and has also contributed a chapterfor the forthcoming edition of the Max Planck Encyclopaedia of PublicInternational Law: ‘Administrative Boards, Commissions and Tribunals inInternational Organisations’ in the Max Planck Encyclopedia of InternationalLaw (3rd edn forthcoming 2006). She writes regularly for the Bulletin ofLegal Developments on competition and public international law.

Professor Gillian Triggs

(LLB (Melbourne1968), LLM (SMU 1972), PhD (Melbourne 1982))Professor Triggs was appointed Director of the British Institute ofInternational and Comparative Law in July 2005. Before taking up herappointment, she was the Director of the Institute for Comparative andInternational Law at the University of Melbourne where she held a Chairin Law. Professor Triggs is an international lawyer with publications on

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WTO dispute resolution, energy and resources law, law of the sea, terri-torial sovereignty, jurisdiction and immunity, international criminal law,international environmental law and human rights.

Professor Triggs has maintained an international commercial practiceas a Consultant (International Law) to Mallesons Stephen Jaques and hasadvised governments in the Asia Pacific region on questions relating tosovereignty and jurisdiction. Professor Triggs has also directed severalprojects for the Asian Development Bank on legal capacity-building inVietnam, Mongolia and Indonesia.

Her current activities include:

• Joint General Editor, International and Comparative Law Quarterly.• Australian Representative, Council of Jurists, Asia Pacific Forum for

National Human Rights Institutions.• Member, Editorial Boards of the Melbourne Journal of International Law

and the Journal of Energy & Natural Resources Law.

Professor Triggs’ most recent publication is:

International Law: Contemporary Principles and Practices (LexisNexis/Butterworths 2006).

She is currently collaborating with Professor Emeritus Victor Prescott on:

Territorial Boundaries: Political and Legal Dimensions (Brill USA forth-coming July 2007)

Filiberto Trione

Dr Filiberto Trione is a visiting researcher at the Institute. In Italy he is aqualified attorney and honorary Prosecutor in the Court, and in 2002 wasnominated ‘Expert for European Union law’ (SFERA) by the ItalianForeign Ministry. He is a contributor to the International Law Institutes ofthe University Federico II and of the University L’Orientale di Napoli.

At the Institute Dr Trione is carrying out a research programme for theItalian National Council of Researchers. The research project aims to focuson the most important issues of the ‘Constitution’ of the European Union.In particular the research aims to analyse and address the legal implica-tions resulting from the development of the ‘Constitutional structure’ of theEuropean Union. Of particular interest is the exploration of the legal inter-pretation and development of fundamental rights in the European Union.

Career

Dr Filiberto Trione holds a law degree from the University of NaplesFederico II School of Law, a High Master in Italian and international

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administrative law, a Master of European Union laws from University ofNaples, School of Political Science, and a doctorate (Phd) from theSecond University of Naples, in international criminal law. Before startinghis work at the Institute in August 2005, he was a consultant for theDiplomatic Ministry of the Government of the Regione Campania (Italy),and carried out research programmes at the Institute of InternationalStudies of the National Research Council (CNR) in Napoli. He works aslegal consultant for law firms in Naples and Rome.

RECENT PUBLICATIONS

‘L’evoluzione della tortura nel diritto internazionale’ monografia CNR –ISGI di Napoli – in via di pubblicazione.

‘Il diritto all’informazione nel diritto internazionale dell’ambiente’ (2006), in‘Collettanea sull’Ambiente’, CNR – ISGI- Napoli (alle stampe).

‘“La tutela dei diritti fondamentali in ambito comunitario: dal silenzio deiTrattati istitutivi alla Carta di Nizza’, Editoriale scientifica, Napoli, 2004.

Jacob van de Velden

Jacob van de Velden became a researcher at the Institute in March2005. He has two principal areas of responsibility at the Institute: in theInstitute’s European Law Programme and in the Institute’s Project on theLegalization of Public Documents conducted for the EuropeanCommission.

Prior to his engagement by the Institute he was engaged at GroningenUniversity (NL) and the TMC Asser Institute (NL) as a research fellow,conducting a PhD research project in the field of private international lawwhich focuses on the influence of EC Directives on party autonomy ininternational contract law (2003– ). This research project is continuedunder the supervision of Professor Mathijs ten Wolde, Professor of PrivateLaw and in particular private international law at Groningen University andDirector of the Ulrik Huber Institute of Private International Law (NL).

Other prior engagements were at the European Commission, trainee atDG Freedom, Security and Justice (2005) and the European Parliament,assistant of John Bowis OBE Member of the European Parliament forLondon (UK 2005). In the Commission he has worked on Commissionproposals and instruments such as Rome I, Rome II and Brussels I. In theParliament he has worked on the Commission’s proposal regarding theregistration, evaluation and authorization of chemical substances REACH.

He has lectured in the field of private international law, internationalcontract law and international jurisdiction, at Groningen University, andgiven general lectures and seminars on PIL and legal practice at the TMCAsser Institute (the Asser College Europe LLM Programme).

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Other fields of interest include international tort law and internationalprocedure.

Dr Maria Vogiatzi

Dr Maria Vogiatzi joined the Institute as a Research Fellow in PublicInternational Law in January 2005 and is the project manager for thePromotion of Democratization and Human Rights in Iran project.

She received her PhD in 2003 from Queen Mary College, University ofLondon, on the subject of peaceful dispute settlement (thesis title: ‘TheLegal Character of Optional Clause Declarations in the Jurisprudence ofthe World Court and in Doctrine’) and also holds the degrees of LLM(University of London) and LLB (Aristotle University, Thessaloniki,Greece). Between 1998 and 2002 she was an IKY scholar in public inter-national law, funded by the Greek State Scholarships Foundation. Sheteaches international law at the University of London and is a barristeradmitted to the Thessaloniki Bar Association since 1998.

Dr Vogiatzi’s main research interests are sources of law and in partic-ular the law of treaties, dispute settlement, international courts andtribunals, human rights and indigenous people.

Her most recent publications are Time, History and International Law(co-editor with M Craven and M Fitzmaurice (BRILL/Martinus Nijhoffforthcoming spring 2006); and The Legal Character of Optional ClauseDeclarations (BRILL/Martinus Nijhoff forthcoming 2006).

Hugo Warner

Hugo Warner became a researcher at the Institute in January 2003. Hehas two principal areas of responsibility at the Institute: in the Institute’swork in law and development and in its Investment Treaty Forum.

He has had substantial involvement in the Institute’s training and consul-tancy activities, having first participated in the Institute’s study for the UKDepartment for International Development on access to Justice in Sudan inearly 2003. He is currently engaged in the Armenian Public Sector ReformProgramme (APSREP), together with PricewaterhouseCoopers; theInstitute’s contribution to DFID’s Afghanistan Programme; and the SenlisCouncil’s Feasibility Study on Opium Licensing in Afghanistan. Theseprojects have involved the drafting of reports on wide-ranging areas ofreform and the delivering of training and presentations to varied audiences.

He is the coordinator of the Institute’s Investment Treaty Forum, and isalso responsible for devising the Institute’s other activities in internationalcommercial arbitration, and in private international law.

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HIS PUBLICATIONS AND REPORTS FOR 2005 INCLUDE:

‘An Amnesty Scheme for Afghanistan’ in the Senlis Council’s FeasibilityStudy on Opium Licensing in Afghanistan.

Enforcing Contracts in Transition Economies (ed BIICL & European Bankfor Reconstruction and Development London 2005).

‘The Relationship between Local Courts and Investment TreatyArbitration’ (2005) in A Sheppard & H Warner (eds) 2(4) TransnationalDispute Management.

‘Appeals from Investment Treaty Disputes’ (2005) in A Sheppard & HWarner (eds) Transnational Dispute Management (special edition).

Enforcement Agency Practice in Europe (BIICL London 2005) (ed with M Andenas, B Hess and P Oberhammer).

Investment Treaty Law: Current Issues Volume 1 (BIICL London 2006)(ed with F Ortino and A Sheppard).

Jane Welch

Jane Welch is Director of the European Financial Services and CorporateLaw Centre. She holds law degrees from Trinity College Dublin and theUniversity of London and has specialized in financial services regulation andcompany law throughout her career. After four years as the Law SocietySenior Research Fellow in Company and Commercial Law at the Institute ofAdvanced Legal Studies (IALS), she joined the newly-established UKSecurities and Investments Board (SIB) in 1986. While at IALS, she wasasked by the European Commission to write a report on the Regulation ofNon-Bank Financial Institutions in EC Member States. She was also invitedto advise the European Commission on UK company law during the negoti-ation of the Regulation for a European Cooperation Grouping.

Jane Welch became Head of the SIB’s Legal Advice Unit, responsiblenot only for advice on the Financial Services Act, but also on EC law. Shewas involved in the negotiation and implementation of the SecondBanking Directive and Investment Services Directive and other key finan-cial services directives.

She later became Head of European Law at the UK Financial ServicesAuthority (FSA), where she was responsible for advising on all aspects ofEuropean financial services law and its impact on domestic law.

After leaving the FSA, Jane Welch was involved in a number of consul-tancy projects, including advice to the Hungarian Ministry of Finance on anew securities law, and advice to the Czech Securities Commission onsecurities regulation and investors compensation. She also advised onchanges to the system of securities regulation in the former FederalRepublic of Yugoslavia.

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Peter Whelan

Peter Whelan joined the Competition Law Forum of the British Institute ofInternational and Comparative Law as an intern in January 2005; hebecame the Junior Research Fellow of the CLF in May of that year.

Since joining the Institute, Peter has worked on various competition lawprojects including:

• the CEPR Project on International Competition Cooperation;• the BT Project on the WTO Reference Paper on Telecommunications;• the Consumers International—DG Sanco Project; and• the Working Group on Private Actions (as rapporteur).

Peter Whelan holds both a Degree in Law and French (LLB (Ling Fran))and a Master of Laws (LLM) from Trinity College Dublin. In July 2004 hesat and passed the New York State Bar Exam. He will start his PhD in Lawin September 2006; his chosen topic is ‘Competition and the Criminal Law’.

RECENT PUBLICATIONS INCLUDE:

Articles/Chapters‘The Contribution of Bilateral Trade or Competition Agreements to

Competition Law Enforcement Cooperation between the EU andMexico; Canada and Chile; and Canada and Costa Rica’ (CEPRLondon 2005) (with Dr P Marsden).

‘Examining National Compliance with “Pro-Competitive” RegulatoryCommitments Made at the WTO in the Telecoms Sector: The UnitedKingdom’, BIICL Report commissioned by British Telecom (BT),January 2006.

‘Submission to the European Commission in Response to its Green Paperon Damages Actions for Breach of the EC Antitrust Rules’ (21 April2006), with the members of CLF Working Group on Private Actions.

‘The Concept of Price Discrimination under EC and UK Law’ paperpresented to the American Bar Association Antitrust TeleseminarSeries 27 February 2006 (with Dr P Marsden).

Presentations‘Competition Provisions in Bilateral Trade Agreements’ CEPR Conference

(Paris October 2005).‘Introduction to EC Competition Law’ DG Sanco—Consumers

International Competition Project, First Regional Workshop (LondonMarch 2006).

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Bibliography

The following bibliography provides details of all publications edited, written, or contributed to, by research staff at the Institute over the pastyear.

Dr Susan C Breau

Books

Humanitarian Intervention: The United Nations and CollectiveResponsibility (Cameron May 2005).

Testing the Boundaries of International Humanitarian Law (edited with AJachec-Neale) (BIICL London 2006).

Articles

‘The Humanitarian Law Implications of the Advisory Opinion on the LegalConsequences of the Construction of a Wall in the OccupiedPalestinian Territories’ in SC Breau and A Jachec-Neale (eds) Testingthe Boundaries of International Humanitarian Law (BIICL London2006).

‘The International Legal Framework’ in D Last and B Horn (eds) Choiceof Force: Special Operations for Canada (McGill Queen’s Press2005).

‘International Court of Justice Advisory Opinion on the LegalConsequences of the Construction of a Wall in the OccupiedPalestinian Territory’ (2005) 54 ICLQ 1003.

Theodora Christou

Human Rights Manual and Sourcebook for Africa (with Keir Starmer QC)(BIICL London 2005).

Agnieszka Jachec-Neale

Books

Testing the Boundaries of International Humanitarian Law (edited with SCBreau) (BIICL London 2006).

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Articles

‘International Humanitarian Law and Polish Involvement in StabilizingIraq’ in SC Breau and A Jachec-Neale (eds) Testing the Boundaries ofInternational Humanitarian Law (BIICL London 2006).

„Kilka uwag na marginesie pojêcia ‘zbrodnie przeciwko ludzkoœci” [Someremarks regarding a concept of crimes against humanity] GdañskieStudia Prawnicze, t. XIII, Gdañsk, April 2005.

Dr Philip Marsden

Books

Current Competition Law Volume III (Marsden and Hutchings eds) (BIICLLondon 2005).

Current Competition Law Volume IV (Marsden and Hutchings eds) (BIICLLondon 2005).

Exclusionary Business Practices and their Effects on Competition andDevelopment (United Nations Geneva 2005).

Articles

‘Stop Micro-Managing the European Economy—European Judges have aunique opportunity to free dominant companies from Uber-regulation’(2006) BLD 74–77.

‘The Article 82 Discussion Paper: A Missed Opportunity’ (Editorial) (April2005) 2/1 European Competition Journal (with Simon Bishop) 1.

‘A Review of International Perspectives on Price Discrimination: EC andUK’ paper presented at ABA tele-conference, 27 February 2006 (withP Whelan).

’European Competition Policy: the next phase’ Moving Europe Forward(UK Presidency London 2005) (with M Hutchings).

‘The Contribution of Bilateral Trade or Competition Agreements toCompetition Law Enforcement Cooperation between the EU andMexico; Canada and Chile; and Canada and Costa Rica’ (LondonCEPR 2005) (with P Whelan).

‘The Reform of Article 82: Recommendations on Underlying Objectives’(March 2005) 1/1 European Competition Journal, 179.

Stephen Mason

‘Electronic Signatures in Practice’ (Spring 2006) 6(2) The Journal of HighTechnology Law 148–164. On-line at <http://www.jhtl.org/publica-tions/V6N2/Mason.pdf>.

‘Digital Evidence’ LegalIT (April 2006) 15.

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‘Electronic Signatures in Practice’ (March 2006) 23(2) The British Journalof Healthcare Computing & Information Management 22–24.

‘Email and Compliance’ Computer Fraud & Security December 20058–11.

‘Mobile Telephone Vulnerabilities’ Bar News section of Counsel(November 2005) iii.

‘Signing a Name Without Using a Manuscript Signature’ The Ataxian(Autumn 2005) issue number 151, 15.

‘Trusted Computing and Forensic Investigations’ 2(2) Digital Investigation189–192

‘Web Site Design and the Disability Discrimination Act 1995’ (2005) 21(4)Computer Law and Security Report 298–309 with Catherine Casserley,Legal Officer, Disability Rights Commission.

‘Litigation Management: E is for E-disclosure’ 6(7) LegalIT (July/August2005) 24–25; <http://www.legalit.net/PrintItem.asp?id=25185>.

‘Elected Councillors and email’ Part One (July 2005) 2(7) Data ProtectionLaw & Policy 10–11, and Part 2 (August 2005) 2(8) Data ProtectionLaw & Policy 11–12.

‘The International Implications of Using Electronic Signatures’ (2005)11(3) Computer and Telecommunications Law Review 160–166.

‘Lawyers and Electronic Signatures’ Internet Newsletter for Lawyers(July/August 2005) 3–4.

‘Make Your Mark’ Legal Week Volume 7 Number 22 (16 June 2005) 25.‘Approaches to Electronic Signatures’ The Barrister Number 25 (10 June

2005) 14–15.‘Is There a Need for Identity Cards?’ (editorial) (January/February 2005)

Amicus Curiae (The Journal of the Society for Advanced Legal Studies)Issue 57, 3.

Book reviews

Information Technology Law Diane Rowland and Elizabeth Macdonald(3rd edn Cavendish Publishing Limited 2005) reviewed in Computers &Law February/March 2006 Volume 16 Issue 6, 36.

Human Rights in the Digital Age Mathias Klang and Andrew Murray (edsGlasshouse Press 2005) reviewed in Computers & Law April/May 2005Volume 16 Issue 1, 34–36.

Dr Federico Ortino

Edited books

WTO Law and Process (ed with M Andenas) (BIICL London 2005).Investment Treaty Law: Current Issues Volume 1 (ed with A Sheppard &

H Warner) (BIICL London 2005).

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Articles

‘Treaty Interpretation and the WTO Appellate Body Report in US—Gambling: A Critique’ (2006) 9 Journal of International Economic Law 1,117–148‘The Social Dimension of International Investment Agreements: Drafting aNew BIT/MIT Model?’ (2005) 7 International Law FORUM du droit inter-national 4, 243–250‘From Non-Discrimination to Reasonableness: A Paradigm Shift inInternational Economic Law?’ Jean Monnet Working Paper No 01/05, pp1–59 <http://www.jeanmonnetprogram.org/papers/05/050101.html>.

Contributions to edited collections

‘Articles 43–48 on the Right of Establishment’ in P Herzog, G Zagel andC Campbell (eds) Law of the European Union—A Commentary(Matthew Bender/LexisNexis 2005)

Anna Riddell

‘UN High Commissioner for Human Rights—talk on Counter-TerrorismMeasures’ Bulletin of Legal Developments 4 (2006)

‘Genocide hearings in ICJ to open in February 2006’ Bulletin of LegalDevelopments 1 (2006)

‘Competition inquiry—preliminary results indicate that Energy Markets arenot yet functioning on a competitive basis’ Bulletin of LegalDevelopments 23 (2005)

‘Review of the Annual Competition Report 2004’ Bulletin of LegalDevelopments 13 (2005)

Professor Gillian Triggs

International Law: Contemporary Principles and Practices (LexisNexis/Butterworths 2006).

‘Challenges for the International Criminal Court: Terrorism, ImmunityAgreements and National Trials’, in U Dolgopol and J Gardam TheChallenge of Conflict: International Law Responds (Martinus Nijhoff2006).

Professor Cees Van Dam

‘Dutch Case Law on the EU Product Liability Directive’ in DuncanFairgrieve (ed) Product Liability in Comparative Perspective(Cambridge University Press Cambridge 2005) 126–137.

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Maria Vogiatzi

‘Optional Clause Declarations and the Law of Treaties’ (with MFitzmaurice), in M Fitzmaurice & O Elias (eds) Contemporary Trends ofthe Law of Treaties (Eleven International Publishing The Netherlands2005) 201–253.

Hugo Warner

Books

Enforcement Agency Practice in Europe (edited with M Andenas, B Hessand P Oberhammer) (BIICL London 2005)

Enforcing Contracts in Transition Economies (edited with M Andenas andG Sanders) (BIICL & European Bank for Reconstruction andDevelopment London 2005).

Investment Treaty Law: Current Issues Volume 1 (edited with F Ortinoand A Sheppard) (BIICL London 2006).

Articles

‘An Amnesty Scheme for Afghanistan’ in the Senlis Council’s FeasibilityStudy on Opium Licensing in Afghanistan.

‘The Relationship between Local Courts and Investment TreatyArbitration’ (2005) in A Sheppard & H Warner (eds) 2(4) TransnationalDispute Management.

‘Appeals from Investment Treaty Disputes’ (2005) in A Sheppard & HWarner (eds) Transnational Dispute Management (special edition).

Jane Welch

Annotated Guide to the Financial Services and Markets Act 2000 MichaelBlair QC (ed) (2nd edn LexisNexis/Butterworths London 2005).

‘European Financial Services Law’ in Michael Blair QC and GeorgeWalker (eds) Financial Services Law (OUP Oxford 2006).

Peter Whelan

‘The Concept of Price Discrimination under EC and UK Law’, paperpresented to the American Bar Association, Antitrust TeleseminarSeries, 27 February 2006 (with Dr P Marsden).

‘The Contribution of Bilateral Trade or Competition Agreements toCompetition Law Enforcement Cooperation between the EU andMexico; Canada and Chile; and Canada and Costa Rica’ (CEPRLondon 2005) (with Dr P Marsden).

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‘Examining National Compliance with “Pro-Competitive” RegulatoryCommitments Made at the WTO in the Telecoms Sector: The UnitedKingdom’ BIICL Report commissioned by British Telecom (BT)(January 2006).

‘Submission to the European Commission in Response to its Green Paperon Damages Actions for Breach of the EC Antitrust Rules’ (21 April2006) with the members of CLF Working Group on Private Actions.

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PublicationsPublisher: Orla Fee

Publications and Marketing Assistant: Gemma Parsons

International and Comparative Law Quarterly

The ICLQ is the principal publication of the Institute, and one of its majorsources of income. Published jointly with Oxford University Press, whichmanages marketing and distribution, the Quarterly is also one of OUP’skey law journals. The ICLQ accepts articles that deal with public interna-tional law, private international law, comparative law, international humanrights law and European Union law. It continues to attract scholarship ofa consistently high standard from leading scholars from around the world.The submission of innovative or original research whose theme or contentilluminate interconnections between these subject areas is particularlyencouraged. The Quarterly format also allows for some element of topi-cality, particularly in ‘Shorter Articles, Comments and Notes’ and in‘Current Developments’. During the past three years the legal implicationsof the invasion and occupation of Iraq have received strong coverage. Wehave, moreover, been fortunate to receive a remarkable series ofoutstanding lectures on public international law by a number of Law Lordsand other distinguished judges, a trend we plan to continue in 2006. TheICLQ also retains its reputation as the leading British academic journal forprivate international law and comparative law, thanks largely to the contin-uing efforts of editorial board members Lawrence Collins, John Bell andJames Fawcett. The submission of articles continues to increase, risingsteadily from 150 in 1999 to 190 in 2005. This is a healthy sign, and ithelps the editorial board maintain the overall quality of the journal.

Another healthy sign is the continued strong growth in subscriptions,particularly in electronic format. In common with other journals we areseeing a general decline in regular library subscriptions. However, theseare more than offset by the uptake of consortia and multi-site subscrip-tions, and the growth of the membership base. In 2005 to date, therehave been over 874 sites accessing the journal online via a consortialicence, and a further 683 institutions from developing countries haveregistered for free access, or at greatly discounted rates, through OUP’sdeveloping countries initiative. In addition to this the journal now has 893BIICL members with access to the journal (an increase of 87 per cent)The net result is that over the last five years the total circulation has morethan doubled to stand at about 3,700. Income growth has matched thisexpansion.

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The new Director of the Institute, Professor Gillian Triggs, joined theeditorial board during 2005, and she succeeds Mads Andenas as JointGeneral Editor with Professor Alan Boyle, who continues to chair theeditorial board. Professor Craig Barker has succeeded Malcolm Evans aseditor of the ‘Decisions of International Courts and Tribunals’ section. Weowe Dr Joe McMahon, Dr Peter McEleavy, and Professors Colin Warbrickand Dominic McGoldrick, our thanks for their unfailing industry and excel-lence in editing the other Current Developments sections. Professor MadsAndenas, Chanaka Wickremasinghe, and Dr Ralph Wilde ably shareresponsibility for the challenging range and diversity of the Book Reviewsection. Most importantly, we also welcomed Orla Fee as Assistant Editorin January 2005. She has continued to manage the smooth and timelyproduction of each issue, assisted by Gemma Parsons. The Quarterly isunique in maintaining a small working board of editors with collectiveresponsibility for the principal editorial decisions. It is largely their exper-tise, experience and judgment that have enabled the ICLQ to maintainand enhance its quality and high reputation.

Bulletin of Legal Developments

The Institute’s Bulletin of Legal Developments (BLD) continues to provideacademics, practitioners, government departments, law reform bodiesand worldwide university law libraries with concise reports on current legaldevelopments in international law. Topics covered include legislation,court decisions, international conventions, law reform proposals, treatyratifications, and major decisions of international courts and tribunals.Regular monitoring of government publications, press releases, the deci-sions of international courts and tribunals and the media, as well as offi-cial websites of organizations and governments, ensure that the BLDprovides its subscribers with coverage of key worldwide legal develop-ments.

The BLD is edited by Noreen O’Meara (with the assistance of DeputyEditor Bridget Palumbo until March 2006). Contributors comprise of bothcorrespondents from the national jurisdictions covered and research staffat the Institute.

There have been significant developments made to the BLD this year,with the notable launch of the electronic version of the Bulletin. Allmembers of the Institute now receive the BLD every fortnight via email aspart of their membership, a development that has been well received.

The printed version of the BLD continues to be a key resource enjoyedby numerous law libraries throughout the world. An initiative is currentlyunderway to raise the profile of the BLD internationally, and generateawareness amongst law libraries and legal institutions around the worldthat may currently be unaware of its usefulness as a research tool. This

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will allow the printed version of the BLD to develop and maintain its previ-ous success, alongside the new electronic format.

Most significantly, it has been decided that this publication will be re-named the Bulletin of International Legal Developments, to better reflectthe scope of its coverage and to emphasise its importance as an interna-tionally valuable legal publication.

Corporate members of the Institute continue to receive the printed BLDas part of their membership package.

The subscription rate in 2005 was £185 for 24 issues plus the annualindex.

Other Institute Publications

2005 saw the continuing development of the Institute’s publishingprogramme, with further steps being made towards the Institute becomingan increasingly competitive independent legal publisher. The ten newtitles published in 2005, along with the further six published at the begin-ning of 2006, are a welcome addition to the Institute’s catalogue and helpto enforce the Institute’s position as a publisher of titles encompassing awide range of contemporary legal issues. These new publications chartdevelopments in competition law, international humanitarian law, interna-tional financial and economic law, and human rights law, to name but afew.

The Institute continues to work with its distributor in the US,International Specialized Book Services (ISBS), and is currently looking toreplicate this partnership with other organizations in different parts of theworld. Talks are underway to establish a similar relationship with market-ing companies covering Europe, Australia and Asia, with the aim of rais-ing the profile of the Institute’s publishing programme in the wider globalmarket. The success of the relationship with ISBS allows the Institute tohave a presence at conferences and book fairs across the US, and it ishoped that the same will be the case for other parts of the world.

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Titles Published in 2005 and 2006

Invalidity and the Law of TreatiesDon Greig

The invalidity of treaties is a topic which is scarcely dealt with in legal liter-ature and much the same is said of the separability of invalid treaty provi-sions.

Invalidity and the Law of Treaties is designed to rectify this neglect. Itdeals with the consideration of the topics by the International LawCommission and how the Commission failed to pick up the defects in itsown recommendations, particularly with regard to the difficulty of applyingseparability to several of the invalidity provisions. It also includes a discus-sion of the powers of the Security Council as they might affect the validityof a treaty.

Investment Treaty Law: Current Issues Volume IFederico Ortino, Audley Sheppard and Hugo Warner (eds)

In 2004 the British Institute of International and Comparative Law estab-lished its Investment Treaty Forum with the principal objective of carryingout applied research, analysis and policy discussion in the field of invest-ment treaty law and arbitration. As part of its research activities, theForum held two major conferences in 2004: Appeals and Challenges toInvestment Treaty Awards: Is it Time for an International AppellateSystem? and The Relationship between Local Courts and InvestmentTreaty Arbitration.

The first conference addressed the feasibility and implications of theestablishment of a mechanism for the hearing of appeals from investmentawards. It focused in particular on the questions of whether there is anactual demand for an appellate mechanism in investment treaty arbitra-tion and, if so, how best to establish the necessary institution taking intoconsideration issues such as the role and nature of investment treaty arbi-tration and the legitimacy of investment awards.

The second conference dealt with issues arising in respect of the co-existence of local and international courts and remedies stemming out ofthe complex web of international investment agreements and the ever-growing number of legal proceedings—both at the national and interna-tional level—brought by foreign investors against host States.

This publication records the presentations given by some 40 experts inthe field as well as the ensuing debate on these two interesting andcomplex topics, making available an abundance of insights and ideas at

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a time when the need for addressing the systemic challenges of treatyinvestment law becomes ever more acute

Testing the Boundaries of International Humanitarian LawSusan C Breau and Agnieszka Jachec-Neale (eds)

This collection of essays comes as the first British Institute of Internationaland Comparative Law publication in the field of international humanitarianlaw in over a dozen years. It was inspired by the extensive work of LadyHazel Fox and Mr Michael Meyer as well as the Institute’s DiscussionGroup in the area of international humanitarian law, which resulted in thetwo books in this field in 1989 and 1993.

Contributors to this volume are Professors Charles Garraway, Leslie CGreen, Michael Newton, Michael N Schmitt, Col Kenneth Watkin, DrRoberta Arnold and Dr Robert Cryer. The Institute’s IHL team, Dr SusanC Breau and Agnieszka Jachec-Neale, also contributed to this publica-tion.

This new book explores the important and topical subject of 21st

century conflict and the implications for international humanitarian law.Areas covered include in-depth analyses of such topical issues as terror-ism and complex security situations, legal fault-lines, contemporarywarfare, post-conflict management and in particular problems relative tooccupation, interrelations between humanitarian law and human rights,and the Security Council use of IHL. A special part is dedicated to thecreation and role of the Iraqi Special Tribunal.

Current Competition Law Volume IVPhilip Marsden and Michael Hutchings (eds)

This book is a collection of papers and speeches given at the Institute’smain competition law events during 2004–2005, in particular:

• the Institute’s annual conference on merger control in December2004;

• a conference held on October 2004 on comparative issues in competi-tion litigation; and

• the two-day trans-Atlantic Antitrust Dialogue in May 2005.

Areas covered include in-depth analyses of such topical issues as cartels,pricing practices and mergers, and provide comparative perspectivesfrom European and North American experts, as well as important state-ments of policy by competition officials.

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Global Financial Sector DevelopmentJJ Norton and Christos Hadjiemmanuil (eds)

It is now axiomatic that a priority policy and practical goal of countries—developed and developing—is the creation and maintenance of viable,robust, yet stable financial markets (bank, capital, insurance, mortgage,and pension) for the purpose of fostering broader, sustainable economicgrowth and development. To achieve such financial markets requiressignificant financial infrastructure law reform and related technical assis-tance. This volume endeavours to capture a selection of the main devel-opments in the area on an international, regional, and major countrybasis.

On the international level, discussion is provided as to the evolving roleof international financial institutions in the area of legal development coop-eration (Dean Sandgren), the growing global trend of ‘privatization’ inmodern bank regulation, the role of the International Organization ofSecurities Commissions (IOSCO) in convergence and creating an ‘inter-national passport’ for securities offerings (Professor Arner), the interven-ing concerns of fighting the financing of terrorism (Gardella), and thetreatment of financial services under the WTO–GATS regime (Wang).

On the regional level, this volume presents critical perspectives fromAfrica (Dr Adesegun Akin-Olugbade), MERCOSUR Region (Dr Holz),and the European Union (Tagliamonte). With respect to selective keycountry financial sector reform and developments, consideration isgiven to the US (Restrepo), PRC (Wu), South Korea (Baik), and Iraq (Al-Nuwaiser).

The volume and its related Contemporary Studies Series is a jointpublication effort of the British Institute of International and ComparativeLaw (London), the SMU Institute of International Banking Finance (Dallas)at the SMU Dedman School of Law, and the London Forum forInternational Economic and Development Law, with the editorial assis-tance of the SMU International Law Review Association (Dallas). TheContemporary Studies Series is the successor to the former Kluwer LawInternational Yearbook on International Financial and Economic Law. TheGeneral Editors of the Studies Series are Professor Joseph J Norton ofthe SMU Dedman School of Law and Dr Christos Hadjiemmanuil of theLondon School of Economics and Political Science.

WTO Law and ProcessMads Andenas and Federico Ortino (eds)

The 10th anniversary of the WTO and of its successful dispute settle-ment mechanism in 2005, provides the opportunity for a review of howto improve the efficiency and legitimacy of WTO law and process. The

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present book collects the papers and discussion at the last three BritishInstitute Annual WTO Conferences (2002–2004), where judges, officialsand policy-makers meet with the established scholars and more recentrecruits to the discipline. Topics covered include the jurisprudential andprocedural features of the dispute settlement system, institutional issuessuch as the allocation of powers between different organs within theWTO as well as between the organization and its members, the rela-tionship between the WTO legal system and international law, compli-ance issues, the interrelation between trade liberalization and othernon-trade concerns such as environmental protection and labour stan-dards. This book makes available an abundance of insights and ideasat a time when the need for addressing the future institutional chal-lenges of the WTO has been brought to the fore.

Human Rights Manual and Sourcebook for AfricaKeir Starmer QC and Theodora Christou

This critical manual is the first of its kind for the African region and willprove an invaluable resource to human rights practitioners, academicsand interested parties. At a time when the issue of human rights in Africais making many advances, this publication introduces easy-to-usejurisprudence that turns a previously difficult research task into a simpleprocedure. The Africa section looks at 13 countries in depth while themanual and all the jurisprudence covers the whole region.

The first section covers key principles and human rights norms whichare detailed in straightforward language so as to ensure it is accessibleand comprehensible.

The second section is devoted to the death penalty, detailing the rele-vant provisions from both international and regional instruments and offer-ing a comparative commentary as to how the principles and relevantrights relate to the death penalty.

The third section summarizes key case law from international, regionaland domestic African courts and tribunals. The case summaries detail thefacts and decisions and for quick reference include a headnote of relevantconcepts.

The fourth section focuses on 13 African countries but the reports area useful comparative resource for all countries. From conducting theresearch and compiling the material for this final section, it is apparentthat nothing like this has been attempted before in Africa.

Much of the work emanates from primary research and investigationconducted by local research teams in the individual countries.Investigative research techniques varied from spending days outside offi-cial buildings to visiting prisons, physically counting the individuals ondeath row and interviewing the detainees to obtain their age and the

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length of time they had been on death row. These Country Files providean overview of each country’s criminal justice system and legal frame-work, applicable international standards and statistical information. Mostimportantly, the relevant constitutional provisions are quoted and, whereavailable, details of cases in which constitutional challenges have beenmade are summarized.

Enforcement Agency Practice in EuropeMads Andenas, Burkhard Hess and Paul Oberhammer (eds)

How far is Europe from an area of ‘free movement’ of judgments in thesame way that there is free movement of goods, persons, services andcapital? Just as the free movement of goods has required the harmoniza-tion of standards relating to the manufacture and distribution of goods, thefree movement of judgments will require the harmonization of proceduralstandards and the creation of new interfaces between systems. Focushas been on the mutual recognition of judgments. The next stage is theactual enforcement of a legally enforceable judgment, and this book is thefirst major contribution to comparative scholarship on this topic.

The differences between the systems of civil procedure in theEuropean Member States are deep-seated and relate in particular todifferent approaches to judicial organization. The development of appro-priate rules for the European Judicial Area is a complex task. Practitionerstypically do not have the time or the incentive to explore the reasons forthe difficulties they face in cross-border disputes. Policy-makers lack inputfrom practitioners. A framework needs to be created within which detailedcomparative information can be provided on subjects that are of interestto policy-makers so that structural differences can be properly taken intoaccount.

This book examines the structure, status and procedures of enforce-ment agencies in Europe and the implications for individuals and compa-nies in seeking to enforce a judgment in the European Judicial Area. Theproject is part of a more ambitious programme and a research network onEuropean civil procedure based at the British Institute of International andComparative Law.

Multilateralism v Unilateralism: Policy Choices in a Global SocietyJB Attansio and JJ Norton (eds)

This volume is a product of the Carrington Lecture Series Project at theSMU Dedman School, in cooperation with the British Institute ofInternational and Comparative Law. Its aim is to explore the nature andimplications of the fact that the major security, economic and environ-mental challenges facing our global society today can be addressed in

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either of two broad ways: unilateral mechanisms and multilateral mecha-nisms.

This volume, through its 19 comprehensive chapters, draws together amost distinguished group of policy-makers and academics to discuss andto debate the interaction in unilateral behaviour in the context of the mili-tary, economics, the environment, and international organizations. Whenthe tragedy of September 11 occurred, this volume was already well intothe planning stage. The focus of the volume was changed not so much tobe a critique of unilateralism, but a comparison of unilateral versus multi-lateral behaviour in the above four areas. The issues presented in thisvolume represent some of the momentous and historic challenges facingour global society as we embark upon the 21st century. As such, thisvolume should be of interest to all those in the public sector, private sectorand the Academy who are concerned with the future of our planet.

Tradition and Europeanization in Italian LawGuido Alpa

Guido Alpa’s Tradition and Europeanization in Italian Law provides afascinating insight into the interplay between the different European legaltraditions and the process of Europeanization. The book takes the readeron a voyage through the fundamental problems of European law, drawingon Professor Alpa’s learning in the laws of other countries, and also inEuropean Union and European Human Rights law.

Tradition and Europeanization in Italian Law is a great achievement ofscholarship. It assists us in understanding Italian law, but also our ownlaw, and what European law is and might become.(The Right Honourable Lord Slynn of Hadley, Lord of Appeal and former Advocate General and Judge of the European Court of Justice).

Current Competition Law Volume IIIMads Andenas, Michael Hutchings and Philip Marsden (eds)

This book is a collection of papers and speeches given at the Institute’smain competition law events during 2003–2004, in particular theInstitute’s annual conference on merger control in December 2003, andthe two-day Trans-Atlantic Antitrust Dialogue in May 2004. Areas coveredinclude in-depth analyses of such topical issues as cartels, pricing prac-tices and mergers, and provide comparative perspectives from Europeanand North American experts, as well as important statements of policy bycompetition officials.

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‘The quality of the speakers and their talks is comparable with those ofthe Fordham Corporate Law Institute. Many experts are in the audienceand the discussions after the talks are also perceptive… This newcomerto publications on competition law and policy is warmly welcome.’(Valentine Korah, Professor Emeritus of Competition Law, University College London).

European Court of Human Rights: Remedies and Execution of JudgmentsTheodora Christou and Juan Pablo Raymond

This publication combines several papers resulting from a conferenceheld at the British Institute of International and Comparative Law in 2003.Tom Barkhuysen and Michel van Emmerik provide a comparative view onthe implementation of judgments of the European Court of Human Rights(ECtHR) within the national legal orders of various Member States andassess what improvements are required. Murray Hunt outlines the State’sobligations flowing from a judgment of the EctHR within the context of thewider international law framework governing the legal consequences ofinternationally wrongful acts. Ed Bates charts the supervision of theexecution of judgments delivered by the EctHR and the challenges facingthe Committee of Ministers. Piet Hiem van Kempen discusses a frame-work for a national post-trial procedure for redressing violations of theEctHR in criminal cases. Piers Gardner considers the consequences of afinding by the European Court of Human Rights of an unfair trial in civilproceedings upon the re-opening of those proceedings by the Englishcourts.

Enforcing Contracts in Transition Economies: Contractual Rightsand Obligations in Central Europe and the Commonwealth ofIndependent StatesMads Andenas and Gerard Sanders (eds)

This important and incisive new book examines contractual enforce-ment mechanisms in central and south-eastern Europe and theCommonwealth of Independent States. The volume is an outcome ofthe cooperation between the European Bank for Reconstruction andDevelopment and the British Institute for International and ComparativeLaw.

The EBRD and BIICL have facilitated both formal and informal dialogueand cooperation on contract enforcement issues. The rich and informeddebate between practitioners and academics, together with the represen-tatives of international organizations, policy-makers and judges isreflected in this book.

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The book addresses four issues of crucial importance to the develop-ment of meaningful contract enforcement mechanisms in transitionnations:

• What has been the role of the rule of law in development and protectionof contractual rights in transition nations of central and south-easternEurope and the Commonwealth of Independent States?

• What is the role of courts in these countries, their structure, indepen-dence and integrity?

• Practical aspects of contract and obligations enforcement—what frame-work should they follow?

• When it comes to arbitration or alternative dispute resolution, who arethe main actors and what is the appropriate script?

The book highlights that after more than 13 years of transition, contractenforcement has not reached a stage where it provides the required basisfor economic development. It requires sustained attention from nationalgovernments, regional bodies and the international community. The bookconcludes by examining the appropriate way forward.

The enforcement of contractual rights and obligations is a condition foreconomic development, and this book should appeal to a wide readershipranging from academics and practitioners to policy-makers and the judi-ciary in both developed and developing economies.

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Forthcoming Titles

‘Towards an International Legal Community?’ The Sovereignty ofStates and the Sovereignty of International LawColin Warbrick and Stephen Tierney (eds)

In this collection of essays, a number of the UK’s leading internationallegal theorists consider whether, in light of contemporary legal, economicand political challenges which the state faces, state sovereignty cancontinue to be viewed meaningfully as a legal principle, the legitimacy ofwhich is generated merely by the factual condition of a state’s existence;or whether in fact the international legal system is now better viewed as aself-generating and increasingly sovereign force, founded upon an incipi-ent ‘international legal community’ which has in large measure redefinedstate sovereignty as a lower order principle both contingent upon andattenuated by the normative authority inherent in this nascent ‘commu-nity’. Can we now speak of international law as an embryonic ‘quasi-constitutional’ system, generated by an international legal community? Ifso, has this community, although finding its historical origins in the aggre-gated will of states, assumed a new and immanently-generated legitimacywhich is no longer dependent upon state consent for its validity andauthority?

The book brings together scholars from the ILA (British Branch)Committee on Theory and International Law and is the result of ongoingwork since 2002 involving seminars and conferences at EdinburghUniversity; Corpus Christi College, Oxford; and LSE. Contributors to thevolume include: Colin Warbrick; Stephen Tierney; Patrick Capps; AmandaPerreau-Saussine; Samantha Besson; Nicholas Tsagourias; Bill Bowring;Robert McCorquodale.

The Accountability of the JudiciaryGuy Canivet, Mads Andenas and Duncan Fairgrieve (eds)

This new book explores the important and topical subject of judicial inde-pendence and judicial accountability. Contributions from distinguishedpractitioners and academics place these twin issues within a comparativelaw perspective, showing how legal systems across the world haveadapted to recent developments in this field.

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European Banking Law: Policy and Programme Construction (Gold Series Volume Six)George Alexander Walker

This book is concerned with the nature and content of the underlyingpolicy that has been developed within Europe in the banking and financiallaw area. This publication attempts to understand the origin and evolutionof mutual integration and to explore its operational effectiveness andvalue.

Code CivilDuncan Fairgrieve (ed)

This new publication examines the French Civil Code following the cele-bration of its bicentenary.

Representational Fairness in WTO Rule-Making: Negotiating,Implementing and Disputing the TRIPS Pharmaceutical-RelatedProvisionsMohamed Omar Gad

This book examines representational fairness in WTO rule-making. Thecontext of examination is the pharmaceutical-related provisions of theTRIPS Agreement and the interests of developing countries and pharma-ceutical multinational enterprises therein. The book analyses the negotia-tion and implementation periods of the specified TRIPS provisions and thelegal disputes that arose, covering the period from the mid-1980s, until theadoption of the Doha Declaration on the TRIPS Agreement and PublicHealth in November 2001.

An imbalance reflected in the negotiated text in favour of pharmaceuti-cal MNEs’ interests during the negotiation process is characterized as‘top-down’ rule-making. Reacting to this, developing countries exertedpressure from the ‘bottom-up’ hindering the implementation of theseTRIPS provisions. This retorting action, while instilling a degree ofbalance, congests the TRIPS regime and the larger WTO system withadditional dispute proceedings leading to strains in North–South relations.The volume concludes with selective suggestions focusing on the rule-making process of the WTO and proposes measures to reduce the likeli-hood of a deficiency in representational fairness occurring in futurenegotiations.

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Corporate Governance Post-Enron: Comparative and International PerspectiveJoseph J Norton and Christos Hadjiemmanuil (eds)

This new title examines the issue of corporate governance post Enron.The publication explores approaches to corporate governance on aninternational scale in a range of countries. This book is a joint publicationbetween the British Institute of International and Comparative Law and theSMU Dedman School of Law, and comes as Volume VII in the Studies inInternational, Financial, Economic and Technology Law Series.

The Institute is always pleased to consider new proposals for publicationsand the Institute’s Publisher, Orla Fee, will be pleased to discuss newprojects with authors. She can be contacted via email: o.fee@biicl.org, orvia post.

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Conferences, Lectures andOther EventsEvents Manager: Jane Nicholson

Events Coordinator: Felicity Nelson

Forthcoming Events

TBC ‘Illegality, the Vienna Convention on the Lawof Treaties and the Security Council’. Speaker:Professor Don Greig; Honorary Fellow of BIICL

13 October 2006 The Reform of the European Court of Justice24 November 2006 BIICL 5th Annual Merger ConferenceTBC The Annual Grotius Lecture. Speaker: Pieter

Hendrik Kooijmans22 November 2006 Liability of Safety Supervisors6 November 2006 30th Annual FA Mann Lecture8 September 2006 7th Investment Treaty Forum Public

Conference6 July 2006 The Sixth Annual Trans-Atlantic Antitrust

Dialogue. Kindly sponsored by Lovells; Freshfields26 June 2006 The Cross-Border Use of Public Documents

European Law Programme Experts’ Meeting24 June 2006 Leiden/London Meeting: Legal aspects of

EU–US relations. In association with theUniversity of Leiden

16 June 2006 British Institute of International andComparative Law Annual Conference. Keynotespeaker: The Rt Hon Sir Francis Jacobs KCMGQC, Former Advocate General at the Court ofJustice of the European Communities

Past Events

12 June 2006 Arbitrating Competition Law Issues: A European and US Perspective. Kindly sponsored by SJ Berwin LLP

10 June 2006 The Antarctic Treaty System: Legal andEnvironmental Issues. In association with the

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International Law Association (British Branch)and the Scottish Society of International law

1/2 June 2006 Testing the Boundaries of InternationalHumanitarian Law. In association with TheMcCoubrey Centre for International Law at TheUniversity of Hull. Kindly sponsored by BritishRed Cross and The British Academy

31 May 2006 The Law on Secured Transactions: The Needfor Reform

23/24 May 2006 Sixth Annual WTO Conference. Organized inassociation with the Institute of InternationalEconomic Law at Georgetown University LawCentre and the Journal of International EconomicLaw. Kindly sponsored by Sidley Austin LLP

22 May 2006 GATS and Financial Services Seminar12 May 2006 The Future For Takeovers in the EU—

Implementation of the Takeover Directive9th May 2006 Polemics and Persuasion—The Use of

International Law by NGOs. Speaker: PeterCarter QC

5th May 2006 Sixth Investment Treaty Forum PublicConference: Expropriation of InvestmentTreaty Law

4 May 2006 Digital Evidence Seminar27 April 2006 Chalfen Memorial Lecture

Speaker: Dr Karl P Sauvant26 April 2006 An Overview of the Data Protection

Legislation in the Channel Islands, Isle of Man and Gibraltar. Speaker: KevinBroadfoot

26 April 2006 Rome I: The Law Applicable to ContractualObligations

25 April 2006 The Future of Consumer Law. In associationwith CLAN

21 April 2006 Pharmaceutical Regulation and ProductLiability. Kindly sponsored by Lovells, 4 NewSquare; Institut droit et santé

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29 March 2006 ‘This House Has Seen the Collapse of Principlein the Tort of Negligence’. Kindly sponsored byIrwin Mitchell and Hailsham Chambers

24 March 2006 Regulatory and Corporate Reforms in Italy:How will they affect Europe? Speaker:Professor Luigi Spaventa. In association withKing’s college London

21 March 2006 International Law in the European Court ofHuman RightsSpeaker: Judge Luzius Wildhaber

20 March 2006 A Written Constitution For the UnitedKingdom?Chair: Justice Robert French. In association withIALS

4 March 2006 Institut de Droit International Meeting28 February 2006 International Law in the European Court of

JusticeKeynote speaker: Judge Allan Rosas Court ofJustice of the European Communities

24 February 2006 Reform of Article 82. Kindly sponsored byLinklaters

15 February 2006 ‘Counter-Terrorism and Compliance withHuman Rights’. Keynote speaker: Louise Arbour,UN High Commissioner for Human Rights

9 February 2006 India: An Up-Date on Data ProtectionLegislationKeynote speaker: Tejas Karia, Associate at thelaw firm of Amarchand & Mangaldas & Suresh AShroff (Advocates & Solicitors), New Delhi

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3 February 2006 Competition Litigation in the EU: Where Do WeStand? Kindly sponsored by SJ Berwin

24 January 2006 The Role of Domestic Courts in theImplementation of International Responsibility.Keynote speaker: Professor André Nollkaemper

20 January 2006 GE Honeywell. Kindly sponsored by CliffordChance

15 December 2005 International Terrorism and Human Rights.Chair: Dr George Letsas

5 December 2005 Annual Grotius Lecture. Keynote speaker:Professor Anne-Marie Slaughter. Kindly sponsored by Linklaters

29 November 2005 The Application of International Law by EnglishCourts—Doctrines of Restraint and Non-Justiciability. Keynote speaker: Dapo Akande

23 November 2005 Principles of European Tort Law: A Prelude toHarmonization? In association with PEOPIL

22 November 2005 Joint BIICL-CLA Practitioner Workshop:‘Reform of Article 82’

11 November 2005 4th Annual BIICL Merger Conference. Kindlysponsored by Shearman & Sterling LLP and RBBEconomics

10 November 2005 London Public International Lawyers’Discussion Group

9 November 2005 International Law in Domestic Courts—a USJudicial Perspective. Keynote speaker: TheHonourable M Margaret McKeown

8 November 2005 F A Mann Lecture. Keynote speaker: The Rt HonBaroness Hale of Richmond. The 29th of a seriesof annual lectures in honour of the late Dr F AMann QC (Hon). Arranged by the partners ofHerbert Smith

25 October 2005 Exclusivity Issues in Distribution18 October 2005 International Law and the Law of the United

Kingdom—An overview and some questions.Keynote speaker: Professor Colin Warbrick

7 October 2005 European Influences on Public Law: 5 years ofthe Human Rights Act 1998 in the UK andRecent Developments in France. Sponsored byBrick Court Chambers and Sweet and Maxwell

6 October 2005 Law of the Sea: Exploring the Boundaries16 September 2005 Franco-British Lawyers Society Colloquium. In

association with the Franco British LawyersAssociation. Sponsored by Veolia Environnementand Exxon Mobil

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9 September 2005 Fifth Investment Treaty Forum PublicConference: Fair and Equitable Treatment inInvestment Treaty Law

6 July 2005 Harmonization of Shareholder Rights on EUlevel: Implications for the UK

1 July 2005 44th Leiden-London Meeting. In associationwith The University of Leiden

27 June 2005 Multiparty Litigation in ComparativePerspective. Kindly sponsored by Dechert LLP

10 June 2005 2005 BIICL Annual Meeting. Keynote speakers:Lord Steyn, Judge Luzius Wildhaber, President ofthe European Court of Human Rights, Sir DavidEdward

2 June 2005 Launch of ‘Tradition and Europeanization inItalian Law’

26 May 2005 The Home Office, Civil Liberties and theConstitution: Recent and ForthcomingLegislation

23/24 May 2005 Market Abuse: National Responses to aGlobal Problem—The EU, USA, Hong Kongand China Compared. Kindly sponsored by theCity Corporation

17th/18th May 2005 Fifth Annual WTO Conference. In associationwith the Institute of International Economic Lawat Georgetown University Law Center. Kindlysponsored by Sidley Austin Brown LLP

16 May 2005 GATS and Financial Services11 May 2005 The EU Cross-Border Merger Directive—A

New Dimension in Company Restructuringand Employee Involvement

9 May 2005 International Human Rights Law—the State of the Art. In association with TheSociety of Legal Scholars Public InternationalLaw Group

9 May 2005 Loss of the Chance After Gregg v Scott:Reflections and Comparisons. Sponsored byAtlantic Chambers

9 May 2005 The Fifth Annual Trans-Atlantic AntitrustDialogue. Kindly sponsored by Freshfields;Lovells; Fipra; Oxera and Virgin

28 April 2005 Owusu v Jackson22–23 March 2005 Law of the Sea Symposium. In association with

The University of Hull and The Society of legalscholars

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22 March 2005 Rethinking US Antitrust and IntellectualProperty Rights

17 March 2005 Arbitration in Latin America. In association withCanning House

10 March 2005 Corporate Accountability for ForeignGovernment Actions under US Law. Kindlysponsored by Clifford Chance and DoughtyStreet Chambers

9 March 2005 Do We Need a Civil Service Act?2 March 2005 Pharmaceutical Conference—Pharmaceutical

Regulation and Product Liability. Kindly spon-sored by Davies Arnold Cooper and 4 NewSquare

1 March 2005 Religion, Human Rights and International Law22 February 2005 Cartel Agreements, Criminal Conspiracy and

the Statutory Cartel Offence16 February 2005 Reforming the Law of Royal Prerogative15 February 2005 Data Protection in the New EU Member States14 February 2005 The General Product Safety Regulations.

Kindly sponsored by Clifford Chance25 January 2005 Chilling Competition—Freezer and Cooler

Exclusivity Under European Competition Law21 January 2005 The Proposal for a New Capital Directive—

Towards a New Capital Regime?20 January 2005 Expert Evidence in Damages Actions: a

Comparative Perspective18 January 2005 Eighth Annual Review of the 1996 Arbitration

Act

For a list of forum events please see individual forum pages.

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Relations with Other Bodies

The Institute is always pleased to cooperate with individuals and institu-tions engaged in the study and development of the law within its area ofexpertise. Many events and research networks are based on variousforms of cooperation as documented in other parts of this report. Beloware details of some of those organizations with whom the Institute has setup relations or continued to work with over the past year. We would liketo thank them all.

Partner Institutions

Aarhus School of BusinessOn 21 January 2005 the European Company Law Centre at the Instituteheld a conference in conjunction with the Aarhus School of Business enti-tled The Proposal For A New Capital Directive—Towards A New CapitalRegime? The European Commission has recently presented a proposalto amend the Second EU Company Law Directive (SLIM-Plus). The aimof this conference was to explore these issues from a Scandinavian, UKand wider European perspective and reach some sort of consensus onthe best way forward.www.asb.dk

Association of Competition EconomistsA joint meeting with the Competition Law Forum was held on vertical andconglomerate mergers.

Atos OriginAfghanistan Framework Agreements: The Institute is working closely withAtos Origin on the framework agreements that the latter has establishedwith the UK Department for International Development (DFID) in order torespond rapidly and effectively to Afghanistan’s reconstruction needs.The two areas on which the Institute and Atos Origin are contributing aregovernance and political process and security sector reform.www.atosorigin.com

Bar Human Rights Committee of England and Wales (BHRC)Through the ‘Legal Tools for Commonwealth Africa’ Project, the Institutehas forged a close working relationship with BHRC. In partnership withBHRC, a Judicial Colloquium in Kenya was held as the final meeting of

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the project (April 2005). In addition a notable contribution was madetowards the Human Rights Manual and Sourcebook for Africa, publishedin June 2005.www.barhumanrights.org.uk

Canning HouseCanning House is the home of the Hispanic and Luso Brazilian Council, anon-political, non-profit-making organization that was founded in 1943 tostimulate understanding between Britain, Spain, Portugal and LatinAmerica. On 17 March 2005 Canning House hosted a highly successfuljoint conference with the Institute entitled Arbitration in Latin America.www.canninghouse.com

Chatham HouseThe Institute enjoys a highly cooperative relationship with Chatham House,particularly in its public international law activities. The Public InternationalLaw Programme is a consultative member of the Investment Treaty Forum.Chatham House co-hosted the event that the Institute held with the IISD oninvestment and sustainable development on 14 January 2005.www.chathamhouse.org

European Competition NetworkA joint meeting with the Competition Law Forum on Article 82 and theLisbon Agenda was held.

International Institute for Sustainable Development (IISD)The Institute has engaged in a number of activities in conjunction with theIISD in 2005. Amongst them the Institute, together with Chatham House,hosted a presentation by the IISD on 14 January 2005 entitled ‘Investmentand Sustainable Development: Towards a New Model InvestmentAgreement?’ The IISD is also a Consultative Member of the Institute’sInvestment Treaty Forum.www.iisd.org

International Law Association (ILA)The Institute continues its cooperation with the ILA and with its Britishbranch. Federico Ortino participated in the ILA British Branch 2005 SpringConference on Regional Trade Agreements and the WTO Legal Systemin Edinburgh, 27–28 May 2005. Dr Ortino is co-editing with Dr LorandBartels a publication collecting the papers delivered at the 2005Conference (Regional Trade Agreements and the WTO Legal System(OUP Oxford forthcoming 2006)).www.ila-hq.org

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London/LeidenThe British Institute has built strong links with the Europa Instituut ofLeiden University. The Annual London/Leiden conferences are organizedalternatively by the Europa Instituut in Leiden and the British Institute inLondon. They are usually held in late June or early July and bring togetherexperts from The Netherlands, the United Kingdom and across Europe todiscuss topical issues in the area of European law.

OxfamThe Institute supports and cooperates with Oxfam and the ‘Advocates forInternational Development’ project in building a network of practitionerswho will work together to support the eight Millennium DevelopmentGoals, including halving poverty by 2015.

The ‘Advocates for International Development’ project works withgovernmental and other agencies, and lawyers everywhere to identifyspecific projects and areas of activity where the legal training, skills andspecialisms of lawyers can best be used in support of the objectivesunderlying the Declaration and the Millennium Development Goals.

In particular, the Institute provides technical expertise in the field ofinternational economic law (and in particular WTO Law) through researchand training activities.www.oxfam.org.uk

PEOPILThe Pan European Organisation of Personal Injury Lawyers has workedwith the Tort Law Centre of the British Institute on numerous occasions.After a successful event on ‘Principles of European Tort Law’ we havedecided to start a closer cooperation. At the moment, PEOPIL is support-ing the research undertaken on the ‘compensation culture’ project andhelping to organize an international conference on the same topic. In thefuture, we are hoping to extend this cooperation to a series of seminarson personal injury topics.

PricewaterhouseCoopersThe Institute continues its long-standing partnership with Pricewaterhouse-Coopers. It has an ongoing role in the Armenian Public Sector ReformProgramme (APSREP). In addition, the Institute was one of the partnersin PwC’s major conference on 24 November 2005 entitled Public SectorReform: Achieving Effective Delivery of the Development Agenda—Lessons from the Front Line, at which it was represented by JeremyCarver and Gillian Triggs.www.pwc.com

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Queen Mary UniversityOn 17 January 2006 the Institute was involved, together with Evershedsand Oxford University Press, in a major conference organized by QueenMary University entitled Interpretation under the Vienna Convention onthe Law of Treaties—25 Years on. This conference brought togetherover 30 eminent international judges, arbitrators, academics and practi-tioners who spoke on the rules of treaty interpretation as applied bysome of the most important international courts and tribunals that func-tion today.www.qmul.ac.uk

The Senlis CouncilThe Institute has cooperated with the drugs policy research organiza-tion the Senlis Council on a number of past projects. In 2005 itcontributed to Phase I of the Senlis Council’s Feasibility Study onOpium Licensing in Afghanistan, examining the possibility of anamnesty scheme in Afghanistan as a measure through which licensedopium production can be successfully realized. The Institute has alsobuilt up a consortium to participate in Phase II of the Study, involvingboth the Max Planck Institute for Foreign and InternationalCriminal Law and University College London. This work is tocommence in 2006.www.senliscouncil.net

Competition Lawyers’ AssociationA joint meeting on Article 82, and speech by Professor Dr Roeller, DG-COMP Chief Economist was hosted.

The UK National Committee on Comparative Law (UKNCCL)The Institute continues to perform the secretariat functions of theCommittee. UKNCCL is the national branch of the International Academyof Comparative Law, and serves as a general coordinating body to facili-tate the study of comparative law in the United Kingdom.http://www.iel.bham.ac.uk/uknccl

University of Hull Law SchoolThe Law of the Sea Symposium of 22–23 March 2005 was hosted withthe cooperation of the University of Hull Law School.http://www.hull.ac.uk/law

The Union Internationale des AvocatsThe Union Internationale des Avocats (UIA) was created in 1927 by agroup of French-speaking European lawyers convinced of the need forlawyers to establish international contacts. Today, the UIA is an association

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open to all lawyers of the world, made up of both general and specialistpractitioners, counting more than 200 bar associations, organizations orfederations (representing nearly two million lawyers) as well as severalthousand individual members from over 110 countries.

The Institute is coordinating with the Private International andEuropean Law Commissions for its Study on the Legalization of PublicDocuments between EU Member States, and looking at areas for mutualcooperation in future.

Sponsorship

British AcademyKind sponsors of Testing the Boundaries of International HumanitarianLaw Conference on 1/2 June 2006.

British Red CrossThe British Red Cross has worked with the Institute as a sponsor of theTesting the Boundaries of International Humanitarian Law Conference on1/2 June 2006.http://www.redcross.org.uk

City CorporationSponsorship of the Institute’s conference entitled Market Abuse:National Responses to a Global Problem—the EU, USA, Hong Kongand China Compared, held on 23/24 May 2005.

Clifford Chance LLPSponsorship of the Institute’s seminar entitled Corporate Accountabilityfor Foreign Government Actions under US Law: The Alien Tort Statute—Recent Developments and Future Prospects, held on 10 March 2005.

Deloitte and Touche LLPMajor supporter of the Institute’s project on Damages in InternationalLaw.

Department of Constitutional AffairsKind funders of the ‘Legal Tools for Commonwealth Africa’ project.

Doughty Street ChambersSponsorship of the Institute’s seminar entitled Corporate Accountabilityfor Foreign Government Actions under US Law: The Alien Tort Statute—Recent Developments and Future Prospects, held on 10 March 2005.

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European CommissionFunders of the ‘Legal Tools for Commonwealth Africa’ project, under theEuropean Initiative for Democracy and Human Rights, Support for theAbolition of the Death Penalty (Budget-Line B7-7010).

EvershedsNinth Annual Review of the Arbitration Act: 31 January 2006.

Georgetown University Law Center (Institute of International andEconomic Law)Sponsorship and co-organization of the Annual WTO Conferences.

Hailsham ChambersSponsors of ‘This House Has Seen the Collapse of Principles in the Tortof Negligence’, an Oxford-style debate held on 29 March 2006.

Irwin MitchellSponsors of the debate of 29 March 2006: ‘This House Has Seen theCollapse of Principles in the Tort of Negligence’.

Linex LegalThe Product Liability Forum and Linex Legal joined forces to produce aProduct Liability email alerter: http://www.linexlegal.com/productliability/.

The service provides access to the Product Liability Forum’s extranetincluding valuable materials on Product Liability, Product Safety and MassTorts. The extranet also includes a comprehensive overview of productliability law in the form of a user-friendly database. For further informationvisit www.biicl.org/plf.

The new service also incorporates articles, legal reviews and commen-taries by leading product liability lawyers around the world.

LovellsInvestment Treaty Forum Seminar and Dinner with Professor AndreaMenaker, US Department of State: 8 December 2005. Major supporter ofthe Institute’s project on Damages in International Law.

International Bar AssociationFunders of the ‘Legal Tools for Commonwealth Africa’ Project.

Macquarie Bank FoundationMajor supporter of the Institute’s project on Damages in InternationalLaw.

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4 New SquareSponsors of Pharmaceutical Regulation and Product Liability, held on 2March 2005.

The Nuffield Foundation is a charitable trust established by LordNuffield. Its widest charitable object is ‘the advancement of social well-being’. The Foundation has long had an interest in social welfare and hasfunded the ‘Legal Tools for Commonwealth Africa’ project to stimulatepublic discussion and policy development.

Sidley Austin LLPSponsorship of the 2005 & 2006 Annual WTO Conferences

Skadden Arps Slate Meagher & Flom LLPHosting of the Institute’s Investment Treaty Forum Members’ Meeting on12 July 2006.

Society of Legal ScholarsThe Institute has organized two events in collaboration with the Society ofLegal Scholars: the Law of the Sea Symposium of 22 and 23 March 2005(which the Society sponsored) and the Public International Law InterestGroup conference ‘International Human Rights Law—The State of the Art’on 9 May 2005.http://www.legalscholars.ac.uk

University of UlsterThe Institute organized a conference entitled ‘Religion and Human Rights’which was kindly sponsored by the Transitional Justice Institute at theUniversity of Ulster on 1 March 2005.http://www.transitionaljustice.ulster.ac.uk

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International andComparative Law Quarterly

Volume 54 (2005)Table of Contents

JANUARY 2005 VOL 54 PART 1

ARTICLES

THE ALABAMA CLAIMS Tom BinghamTHE END OF OCCUPATION: IRAQ 2004 Adam RobertsMETHOD AND OBJECTIVITY IN FREE SPEECH ADJUDICATION:

LESSONS FROM AMERICA Ivan HareCOUNTRY OF ORIGIN REGULATION IN CROSS-BORDER MEDIA:

ONE STEP BEYOND THE FREEDOM TO PROVIDE SERVICES? Julia HornleACCENTUATING THE POSITIVE: THE ‘SELLING ARRANGEMENT’,

THE FIRST DECADE, AND BEYOND Tim ConnorREFRAMING SOVEREIGNTY? SUB-STATE NATIONAL SOCIETIES AND

CONTEMPORARY CHALLENGES TO THE NATION-STATE Stephen Tierney

SHORTER ARTICLES, COMMENTS, AND NOTES

‘CLEAR AND PRESENT DANGER’: RESPONSES TO

TERRORISM Vaughan LoweTHE UNITY OF THE COMMON LAW AND THE ENDING OF

APPEALS TO THE PRIVY COUNCIL KJ KeithUNCERTAINTIES IN THE FIRST LIMB OF THE SPILIADA TEST Louise MerrettSTORMS, FOXES, AND NEBULOUS LEGAL ARGUMENTS:

TWELVE YEARS OF FORCE AGAINST IRAQ

1991–2003 Sia Spiliopoulou Åkermark

CURRENT DEVELOPMENTS:

PUBLIC INTERNATIONAL LAW

I. THE IRAQI SPECIAL TRIBUNAL FOR CRIMES AGAINST

HUMANITY Ilias Bantekas

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II. PROBLEMS OF BELLIGERENT OCCUPATION: THE

SCOPE OF POWERS EXERCISED BY THE COALITION

PROVISIONAL AUTHORITY IN IRAQ, APRIL/MAY

2003–JUNE 2004 Kaiyan Homi Kaikobad

APRIL 2005 VOLUME 54 PART 2

ARTICLES

THE PRINCIPLE OF SYSTEMIC INTEGRATION AND

ARTICLE 31(3)(C) OF THE VIENNA CONVENTION Campbell McLachlanWARS ON TERROR. AND VICARIOUS HEGEMONS:

THE UK, INTERNATIONAL LAW, AND THE NORTHERN

IRELAND CONFLICT Colm CampbellINTERNATIONAL IMPRISONMENT Dirk van Zyl SmitMERCOSUR AND REGIONAL INTEGRATION IN SOUTH

AMERICA John AE VervaeleTARGETING AND CONTEMPORARY AERIAL BOMBARDMENT Marco Roscini

SHORTER ARTICLES, COMMENTS, AND NOTES

TRAFFICKING OF HUMAN BEINGS AS A CRIME AGAINST

HUMANITY: SOME IMPLICATIONS Tomoya ObokataMARGINS OF APPRECIATION: CULTURAL RELATIVITY

AND THE ECHR James A SweeneyTHE LAW APPLICABLE TO PRODUCT LIABILITY: THE PRESENT

STATE OF THE LAW IN EUROPE AND CURRENT PROPOSALS

FOR REFORM Thomas Kadner Graziano

CURRENT DEVELOPMENTS:

EUROPEAN UNION LAW

I. COMMUNITY COURTS IN THE AREA OF JUDICIAL

COOPERATION Bruno Nascimbene

CURRENT DEVELOPMENTS:

PRIVATE INTERNATIONAL LAW

I. THE CODIFICATION OF PRIVATE INTERNATIONAL LAW: THE BELGIAN EXPERIENCE Aude Fiorini

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JULY 2005 VOLUME 54 PART 3

ARTICLES

RULE, PRACTICE, AND PRAGMATISM IN TRANSNATIONAL

COMMERCIAL LAW Roy GoodeFURTHER DEVELOPMENT OF THE LAW OF THE SEA CONVENTION:

MECHANISMS FOR CHANGE Alan BoyleJURISDICTION OVER CROSS-BORDER WRONGS ON THE INTERNET Oren BigosREFORMING THE LAWS ON PUBLIC PROCUREMENT IN THE

DEVELOPING WORLD: THE EXAMPLE OF KENYA Victor MosotiCONTRACTING OUT WAR?: PRIVATE MILITARY COMPANIES,

LAW AND REGULATION IN THE UNITED KINGDOM Clive Walker and Dave Whyte

SHORTER ARTICLES, COMMENTS, AND NOTES

RECENT DEVELOPMENTS IN INTERNATIONAL CRIMINAL LAW; TRYING TO STAY AFLOAT BETWEEN SCYLLA AND

CHARYBDIS Olivia Swaak-GoldmanTHE PRECARIOUS POSITION OF EMBASSY AND CONSULAR

EMPLOYEES IN THE UNITED KINGDOM Richard GarnettFIXING THE BOUNDARIES OF THE CONCEPT OF CRIME:

THE CHALLENGE FOR HUMAN RIGHTS Audrey GuinchardFRENCH CONSTITUTIONAL COUNCIL AND EUROPEAN LAW John Bell

CURRENT DEVELOPMENTS:

PUBLIC INTERNATIONAL LAW

I. THE GILLON AFFAIR Jacques HartmannII. CONVENTIONAL WEAPONS: A CLUSTER OF

DEVELOPMENTS Justin McClellandIII. ATTORNEY GENERAL’S ADVICE ON THE IRAQ WAR: RESOLUTION

CURRENT DEVELOPMENTS:

DECISIONS OF INTERNATIONAL COURTS AND TRIBUNALS

I. AVENA AND OTHER MEXICAN NATIONALS (MEXICO V UNITED STATES

OF AMERICA), JUDGMENT OF 31 MARCH 2004 Sandy GhandhiII. LEGALITY OF USE OF FORCE (SERBIA AND MONTENEGRO V BELGIUM);

(SERBIA AND MONTENEGRO V CANADA); (SERBIA AND MONTENEGRO V

FRANCE); (SERBIA AND MONTENEGRO V GERMANY); (SERBIA AND

MONTENEGRO V ITALY); (SERBIA AND MONTENEGRO V NETHERLANDS);(SERBIA AND MONTENEGRO V PORTUGAL); AND (SERBIA AND

MONTENEGRO V UNITED KINGDOM), PRELIMINARY OBJECTIONS, JUDGMENT OF 15 DECEMBER 2004 Christine Gray

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III. CASES BEFORE THE COURT AS OF 4 FEBRUARY 2005IV. OTHER DEVELOPMENTS

OCTOBER 2005 VOL 54 PART 4

ARTICLES

THE EUROPEAN UNION AND THE SYSTEMATIC DISMANTLING OF

THE COMMON LAW OF CONFLICT OF LAWS Trevor C HartleyTHE USES OF PUTATIVITY AND NEGATIVITY IN THE CONFLICT

OF LAWS Elizabeth B CrawfordTHE COMMON LAW CHOICE OF LAW RULES FOR RESULTING

AND CONSTRUCTIVE TRUSTS Adeline ChongFREE MOVEMENT, EQUAL TREATMENT, AND CITIZENSHIP

OF THE UNION Robin CA WhiteTAKING THE STRASBOURG JURISPRUDENCE INTO ACCOUNT:

DEVELOPING A ‘MUNICIPAL LAW OF HUMAN RIGHTS’ UNDER THE HUMAN RIGHTS ACT Roger Masterman

SHORTER ARTICLES, COMMENTS, AND NOTES

STAYS OF PROCEEDINGS AND THE BRUSSELS CONVENTION Jonathan HarrisDENYING FOREIGN STATE IMMUNITY FOR COMMISSION OF

INTERNATIONAL CRIMES: THE FERRINI DECISION Carlo FocarelliTHE CONTINUING DEBATE ON A UN CONVENTION OF STATE

RESPONSIBILITY James Crawford and Simon Olleson

CURRENT DEVELOPMENTS:

PRIVATE INTERNATIONAL LAW

I. FORUM NON CONVENIENS AND THE BRUSSELS

CONVENTION Gilles Cuniberti

CURRENT DEVELOPMENTS:

EUROPEAN UNION LAW

I. SOCIAL POLICY Erika SzyszczakII. EXTERNAL RELATIONS Eileen Denza

DECISIONS OF INTERNATIONAL COURTS AND TRIBUNALS:

INTERNATIONAL COURT OF JUSTICE

I. LEGAL CONSEQUENCES OF THE CONSTRUCTION OF A WALL

IN OCCUPIED PALESTINIAN TERRITORY: ADVISORY OPINION, 9 JULY 2004 Susan C Breau

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II. APPLICATION FOR REVISION OF THE JUDGMENT OF

11 SEPTEMBER 1992 IN THE CASE CONCERNING THE LAND, ISLAND AND MARITIME FRONTIER DISPUTE (EL SALVADOR/HONDURAS: NICARAGUA INTERVENING), (EL SALVADOR V

HONDURAS). JUDGMENT OF 18 DECEMBER 2003. Malcolm N Shaw