Welcome, my scholarship covers many aspects of international law and organization, with the corpus of work focusing on public and private international dispute resolution, international courts and tribunals, the United Nations, the law of the sea, international environmental law, climate change and general theory of international law.
Books
THE OCEANS IN THE NUCLEAR AGE (with Harry N. Scheiber) (2010)
There are few moments which may be said to fundamentally alter the course of human...
THE UNCITRAL ARBITRATION RULES: A COMMENTARY (with Lee Caplan and Matti Pellonpää) (2006)
This commentary takes a unique approach. In addition to the authors’ commentary on the Rules...
BRINGING NEW LAW TO OCEAN WATERS (2004)
The history of ocean law and policy suggests that it is naive to think that...
THE IRAN UNITED STATES CLAIMS TRIBUNAL: ITS CONTRIBUTION TO THE PROCESS OF INTERNATIONAL CLAIMS RESOLUTION (2000)
A review of the book by Melissa E. Crow in 97 American Journal of International...
Contributions to Books
Climate Change and the Oceans, Regions, Institutions, and the Law of the Sea: Studies in Ocean Governance (2013)
The social, political and legal implications of climate change for the oceans, for ocean law...
Climate Change and Arctic Governance: Three Images of a Changing Arctic, The World Oceans in Globalization: Climate Change, Sustainable Fisheries, Biodiversity, Shipping, Regional Issues (2011)
Negotiating Our Future with the Oceans, A PLANET FOR LIFE 2011 – OCEANS: THE NEW FRONTIER (2011)
For several centuries, nations have negotiated arrangements for their mutual interests in the oceans. These...
The Interpretation of National Foreign Investment Laws as Unilateral Acts Under International Law, Looking to the Future: Essays on International Law in Honor of W. Michael Reisman (2011)
To encourage foreign investment, governments not infrequently adopt a national foreign investment law that sets...
The Profound Significance of the UNCC for the Environment, GULF WAR REPARATIONS AND THE UN COMPENSATION COMMISSION: ENVIRONMENTAL LIABILITY (2011)
In this Chapter, the experience of the UNCC with claims regarding the environment is told...
Articles
Confronting Complexity, Valuing Elegance, Proceedings of the 106th Annual Meeting of the American Society of International Law (2013)
These opening remarks to 106th Annual Meeting for the American Society of International Law, first,...
Framing the Work of ICSID Annulment Committees, World Arbitration & Mediation Review (2012)
This article summarizes what we know of the performance of the annulment mechanism and examines...
Introduction and Dedication to Liber Amicorum Jose Maria Abascal, World Arbitration & Mediation Review (2012)
A record of oral remarks given on June 21, 2012 at the Annual Workshop of...
ICSID in the Twenty-First Century: An Interview with Meg Kinnear, PROCEEDINGS, 105TH ANNUAL MEETING OF THE AMERICAN SOCIETY OF INTERNATIONAL LAW (2011)
This publication is the transcript of an interview of Meg Kinnear which took place on...
International Courts and Tribunals: Their Roles amidst a World of Courts, ICSID Foreign Investment law Journal (2011)
Awards - Opinions
Cargill, Incorporated v. United Mexican States (ICSID Case No. ARB(AF)/05/2) (A NAFTA Chapter 11 Arbitration under the UNCITRAL Arbitration Rules before the ICSID Additional Facility) Final Award of September 18, 2009 (Michael Pryles, President; David D. Caron, member; Donald McCrae, member). (2009)
A press release notes that in an award issued on 18 September 2009, the NAFTA...
Presentations, Conferences, Interviews
Images of the Arctic and the Directions in Leadership They Suggest, Leadership for the Arctic -- A Joint U.S. Coast Guard Academy and University of California Berkeley Law Conference (2012)
The following speech was delivered in Mystic on the evening of April 21, 2012 as...
Introductory Remarks to the Panel entitled "New Horizons and Mechanisms: International Law, Trade and Investment", 60 Years in International Law: Seminar in Honour of Sir Elihu Lauterpacht CBE QC LLD (2011)
International Courts and Tribunals: Their Roles Amidst a World of Courts, The 2011 Lalive Lecture -- The Lalive Firm and the Graduate Institute (2011)
Contemporary International Law Issues in the Asia Pacific: The Importance and Challenge of the Difference Between Principles and Rules in International Law, 2011 International Law Association Asia-Pacific Regional Conference Contemporary International Law Issues in the Asia Pacific: Opportunities and Challenges (2011)
Images of the Arctic and the Futures They Suggest, A Law Library of Congress Lecture (2011)
Given as a lecture at the Library of Congress, my main theme is that the...
Popular Press
The Claims of Two Gulfs, The Huffington Post (2010)
Kenneth Feinberg, the "claims czar" for the BP catastrophe in the Gulf, reportedly looks to...
Book Reviews and Libel Proceedings (with Lori F. Damrosch, Bernard H. Oxman, and Richard B. Bilder), American Journal of International Law (2010)
By Prohibiting Foreign Lawyers from Participating, California is Missing Out (with Leah D. Harhay), Arbitration & Mediation: A Special Edition of the The Recorder (2010)
California Code of Civil Procedure §1282.4 and Local Rule 9.43 govern the ability of attorneys...
A Pre-emptive Pardon for Those Who Tortured Could Backfire (with Ariel Meyerstein), LOS ANGELES DAILY JOURNAL and SAN FRANCISCO DAILY JOURNAL (2009)
Other
Five Insights, The American Society of International Law (2012)
In this note, I offer five insights about the American Society of International Law gained...
9/11 and the Tail of Historic Events, The American Society of International Law (2011)
The continuing influence (the “tail”) of historic events such as 9/11 has numerous dimensions. In...