annual report 2011 - biicl

ANNUAL REPORT2011

www.biicl.org

Annual Report 2011 Prelims 14/6/12 11:29 am Page i

The British Institute of International and Comparative LawCharles Clore House17 Russell Square

LondonWC1B 5JP

Telephone: +44 (0)20 7862 5151Fax: +44 (0)20 7862 5152

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Contents

GOVERNANCE v

ADVISORY COUNCIL vi

INSTITUTE STAFF vii

INTERNATIONAL AND COMPARATIVE LAW QUARTERLY BOARD OF EDITORS x

DIRECTOR’S ANNUAL REPORT 2011 1

REPORT BY THE CHAIR OF THE BOARD OF TRUSTEES 3

SOME IMPACTS OF BIICL RESEARCH IN 2011 5

BIICL RESEARCH STAFF PROFILES 8

BINGHAM CENTRE FOR THE RULE OF LAW 20

INSTITUTE FORUMS

Competition Law Forum 24Investment Treaty Forum 28Product Liability Forum 34

RESEARCH PROJECTS

Armed Conflicts, Peacekeeping, Transitional Justice: Law as Solution (ATLAS) 38

Training and Research on Treaty Law and Practice 39Comparative Study on Sensitive Information in Civil

Proceedings 40European Contract Law Briefing Notes 40Climate Change and its Impact on Security and Survival 41Collective Redress Web Resources 42Conflict of Laws Rules on Assignment and Subrogation—

Article 14 Rome I Regulation 43Human Rights and Pre-Trial Procedures: Requirements for

Police and Prison Authorities 44Human Rights Responsibilities in Oil and Gas Operations:

Applying the UN Guiding Principles 45Iraqi Government Lawyers Investment Law Training 46

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Reparation for Education-Related Violations of International Law 47International Law and Education in Situations of Insecurity and

Conflict 48

PUBLICATIONS 49

CONFERENCES, LECTURES, SEMINARS AND OTHER EVENTS 51

INSTITUTE DEVELOPMENT 53

FINANCIAL STATEMENTS 57

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GovernancePresident of the Institute

Dame Rosalyn Higgins DBE QC

Vice-Presidents of the InstituteThe Rt Hon Lord Collins of Mapesbury

The Rt Hon Sir David Edward KCMG QCSir Christopher Greenwood CMG QC

Board of TrusteesChairman of the Board of Trustees

Sir Franklin Berman KCMG QC (from September 2011)Alexander Layton QC (until September 2011)

TrusteesClare Algar

Mr Justice William BlairGary B BornSusan Bright

Lord Justice Stanley Burnton (from September 2011)Michael Hutchings OBE (until September 2011)

Ian Hobbs FCA, CEDR AccProfessor Sir Francis Jacobs KCMG, QC

Adam JohnsonProfessor Rosa Lastra (from September 2011)

Paul LomasProfessor Dawn Oliver (from September 2011)

Timothy Otty QC (from September 2011)Martin Paisner CBE (until September 2011)

Lord Justice Bernard Rix (until September 2011)Keith Ruddock

Professor Malcolm Shaw QCMr Justice Rabinder Singh (from September 2011)

Professor Stephen WeatherillDame Juliet Wheldon DCB QC

Advisors to the Board of TrusteesLady Justice Mary Arden DBE

Martin Paisner CBE (from September 2011)

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Advisory CouncilDapo Akande

Judge David Anderson CMGSir Christopher Bellamy QC

Sir Daniel Bethlehem KCMG QCProfessor Alan Boyle

The Hon Sir Nicolas BratzaThe Rt Hon Lord Justice Carnwath CVO

Victoria CochraneTim Cowen

The Hon Mr Justice CranstonProfessor James Crawford SC FBA

Clare DyerProfessor Piet Eeckhout

Professor Malcolm Evans CBEHelen Fletcher Rogers

Lady Fox CMG QCDr David Freestone

Professor Sir Roy Goode CBE LLD FBA QCThe Rt Hon Baroness Hale of Richmond

Professor Jonathan HarrisThe Rt Hon Lord Hoffmann PC

The Rt Hon Lord Hope of CraigheadAlan Jenkins

Judge Koen LenaertsSir Elihu Lauterpacht CBE QC

Mr Justice Lloyd JonesJohn Louth

The Rt Hon Chief Justice Beverley McLachlinThe Rt Hon Lord Mance

HE Judge Thomas MensahThe Rt Hon Lord Neill of Bladen QCSir Peter North CBE DCL FBA QC

The Rt Hon Lord Phillips of Worth MatraversThe Rt Hon Lord Justice RichardsProfessor Jonathan Rickford CBE

Joshua RozenbergThe Rt Hon Sir Konrad Schiemann

The Rt Hon Lord Justice SedleyAdvocate-General Eleanor Sharpston QC

Judge Bruno SimmaJudge Christiaan Timmermans

Andrew Trollope QCStephen Walzer

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Institute StaffProfessor Robert McCorquodaleDirector of the Institute

Professor Sir Jeffrey Jowell KCMG QCDirector of the Bingham Centre for the Rule of Law

Jill BarrettDorset Senior Research Fellow in Public International Law

Dr Jonathan BonnitchaResearch Fellow in Business and Human Rights (from July 2011)

N Jansen CalamitaSenior Research Fellow in International Investment and Trade Law,Director of the Investment Treaty Forum

Diane DennyDevelopment Director

Rosie DickinsonDevelopment Administrator and Reception (from April 2011)

Katherine Eden-HaigMarketing and Events Manager (maternity cover from July 2011)

Dr Duncan FairgrieveSenior Research Fellow in Comparative Law, Director of the ProductLiability Forum

Michael HallDatabase Manager

Kristin HauslerResearch Fellow in Public International Law

Sandra HomewoodExecutive Assistant to the Institute and Bingham Centre Administrator

Bart KolerskiIT Support

Hayk KupelyantsResearch Fellow in Private International Law (from June 2011)

Dr Eva LeinHerbert Smith Senior Research Fellow in Private International Law

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Faria MedjoubaResearch Fellow on the ATLAS Project

Dr Philip MarsdenSenior Research Fellow in Competition Law, Director of the CompetitionLaw Forum

Jane Nicholson-BissMarketing and Events Manager

Liz OsbornePublications Coordinator (from July 2011)

Geoffrey SautnerGeneral Manager

Darryl SeamanDirector of Finance

Jayantha SivanathanFinance Officer

Justine StefanelliMaurice Wohl Research Fellow in European Law

Nicole UrbanResearch Fellow in International Humanitarian Law (from August 2011)

Alexa van SicklePublications Coordinator (until June 2011)

Danielle WrightEvents Coordinator

Bingham Centre FellowsJonathan CooperDirector of Training and Education (part-time)

Professor Adam Tomkins

Tom Hickman

Michael Fordham QC

Naina Patel

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Visiting FellowsProf Margot Horspool Marco RizziJane Welch Montserrat Abad CastelosJoseph Perkovich Dr Armin KammelDr Robert Schuetze Eunyoung KimOliver Jones Dr Conor McCarthyDr Ali Abrishami Ben MilliganStefano Cherti Dr Heli AskolaPaul Barnett Dr Marta RequejoDr George Barker Sahib SinghAlex Bates Dr Santiago Alvarez-GonzalezTim Cowen Prof Matthias LehmannAndrew Dickinson Dr Justyna BazylinskaDr Ferdinando Franceschelli Annabel LeeRaphael Heffron Prof Franco Silvano Toni di CigoliHugh Hollman Prof Jane StapletonVincent Smith Chulsoo KimThiago Lins Daesoo SonSunil Rao Jeremy Gauntlett SCDr Barbara Woodward Frank PelserProf Beatriz Campuzano Diaz Prof Anton Cooray

InternsBahar Hatami Alamdari Kati Kaarlehto Rhonson SalimNatalya Barylko Stephanie Law Victoria SementsovaAnna Blachura Nadia Syed Sarah SheppardSam Bright Annabel Lee Kirsten SjovollClara Cesar Polly Wen-Hui Lee Linda StrazdinaDodo Chochitaichvili Felix-Anselm van Lier Olivia WybraniecAlexis Cooke Oliver Linch Elena Mirela UrsacheCamille Dropsy Giovanna Lojacono Lina VitoloJasmine Fisher Caroline Mair Ruth WainwrightRebecca Francis Veronika Minkova Daniel WandMathilde Groppo Hemeeni Mistry Camilla WeeJenny Hartmann Sophie Pattison Charlotte YanWilla Huang Cristina-Raluca Racota Charles YuLouise Hubert Catalina Rojas Maria Zaveta

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International andComparative Law Quarterly

Board of Editors

General EditorsProfessor Catherine Redgwell, University College London

Professor Robert McCorquodale, Institute Director

Board of EditorsProfessor Malcolm Evans, University of Bristol

Christine Chinkin, London School of EconomicsProfessor James Fawcett, University of NottinghamProfessor Christine Gray, University of Cambridge

Professor Paula Giliker, University of BristolProfessor Jo Shaw, University of Edinburgh

Assistant EditorLiz Osborne

Editors of Current Developments Sections

Public International LawProfessor Dominic McGoldrick, University of Liverpool

Dr Sarah Williams, University of New South Wales

European Union LawProfessor Joe McMahon, University of Dublin

Decisions of International Courts and TribunalsProfessor Craig Barker, University of Sussex

Private International LawProfessor Peter McEleavy, University of Dundee

Book Review EditorsProfessor Francesco Giglio, University of Manchester

Dr Andrew Lang, London School of EconomicsTherese O’Donnell, University of Strathclyde

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Director’s Annual Report2011

2011 was a momentous year in international events, with the Arab Springleading to changes of government, financial turmoil in Europeaneconomies and the creation of a new State (of South Sudan), being justsome events that had global impacts. International and comparative legalissues were relevant to these events and the Institute responded withinteresting and engaging seminars and discussions. At the same time, theInstitute worked on a range of matters that were not always at the fore-front of the media but which have deep impact on the daily lives of people,companies, governments and organisations. These included research oneducation-related violations in insecurity and conflicts, events on changesto competition law processes, investigations into comparative collectiveredress measures, reports on security measures, and studies on harmon-isation of private international law. We also celebrated 60 years of theInternational and Comparative Law Quarterly. These, and other activities,are dealt with throughout this Report.

Indeed, 2011 was a very good year for the Institute in terms of the vari-ety and breadth of its research, events and publications, and its outreachto the public. We also maintained our positive financial position, which isvery commendable in a continuing tough global financial situation. This isa credit to our hardworking staff, and to those who have donated gener-ously to the work of the Institute, sponsored our events and funded ourresearch. It has also enabled the work of the Bingham Centre for the Ruleof Law, led by its Director, Professor Sir Jeffrey Jowell, to continue toexpand and to meet someof the increasing and visi-ble demands about the ruleof law, as well as the fund-ing of the new Arthur WattsSenior Research Fellow inPublic International Law.

In terms of staff andgovernance of the Institute,there were exciting devel-opments in 2011. We were honoured that DameRosalyn Higgins, with asuperb record as a leading

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Professor Robert McCorquodale at the BinghamCentre Donor Event

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scholar and international judge, became our President, with Lord(Laurence) Collins and Sir Christopher Greenwood joining Sir DavidEdward as Vice-Presidents. Sir Franklin Berman QC succeededAlexander Layton QC as Chair of the Board of Trustees, and we thankAlex for all his devoted work to make the Institute a much better governedbody. We have had some new Trustees, being Lord Justice StanleyBurnton, Prof Rosa Lastra, Prof Dawn Oliver, Timothy Otty QC and MrJustice Rabinder Singh, and Martin Paisner became an Adviser to theBoard. We give sincere thanks to Michael Hutchings, Alexander Laytonand Lord Justice Bernard Rix for all that they contributed to the Board ofTrustees for many years. We also appointed outstanding ResearchFellows and administrative staff during the year.

The Institute continues to do exceedingly well in all its activities despitethe difficult economic context, while the interest in international andcomparative issues grows. I am proud to be its Director and I greatlyappreciate all the support of its many members, participants, funders andothers who recognise the real need for the Institute, as an independentapplied research body, in these times.

Professor Robert McCorquodaleInstitute Director

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Report by the Chair of The Board of Trustees

This is my first opportunity to introduce the Institute’s Annual Report, aparticularly pleasant task for any Chairman of Trustees because of thestimulus it provides to review the Institute’s activities in the round.

Robert McCorquodale, our highly esteemed Director, remarks in hisAnnual Report that 2011 was a momentous year internationally. But Ithink we may say much the same for this year and last year in the life ofthe Institute as it moves into its second half-century, except that, wherethe world has experienced waves of emergency and disaster, the Institutehas chalked up a series of successes and achievements.

First amongst them is the Bingham Centre for the Rule of Law, thelaunch of which was reported last year, butwhich, in a very short space of time sincethen, has established itself—in exactly theway that had been hoped—as unique in theworld, and immediately a leading player inthis increasingly important field. Hand inhand with that has come the very gratifyingaward of a knighthood to its founding direc-tor, Jeffrey Jowell, marking his personaldistinction in this area, and hearteningprogress, on the basis of widespreadgenerosity from within the legal sector,towards the achievement of the first phase ofthe Appeal for the Bingham Centre—whichin turn led to the unaccustomed nominationfor a fundraising award to the Institute itself!

We can also celebrate the completion ofthe first phase of the Institute’s other

appeal, to found the Arthur Watts Senior Fellowship in Public InternationalLaw, and the appointment from January 2012 as first Watts Fellow of JillBarrett, herself a former colleague of Sir Arthur’s in the Foreign &Commonwealth Office, as well as the establishment of what we hope willbe fruitful collaborative arrangements with the Melbourne University LawSchool and the Centre for International Law in Singapore. Much of this isdue to an exceptionally munificent personal gift by Allan Myers OA QC towhom the Institute is deeply grateful.

Both campaigns will continue.

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Sir Franklin Berman at theBingham Centre Donor Event


I express my particular appreciation to my fellow Trustees (includingthose whose terms came to an end) for their collegial support since I tookover my functions in the course of the year, and above all to my prede-cessor as Chairman, Alex Layton QC, whose tirelessly energetic tenure ofthe chairmanship steered the Institute safely around numerous rocks andreefs, leaving its external standing and internal organization in very goodshape as I took over. The financial climate is, to say the least, challeng-ing, but the Institute has been able to budget for a modest runningsurplus, with some confidence on the basis of recent past experience ofkeeping to that forecast in the actual outturn.

I’ve been struck, in my short time as chairman, by how deeply depen-dent the Institute is for its reputation and success on its staff and on itsmembers. On its staff, for the quality of their intellectual output and theircontribution to an important segment of our public life, and on itsmembers, whose enthusiastic engagement in the Institute’s activities andlonger-term projects is every bit as vital as their financial contribution to itsresources. The mix of our members, from undergraduate students to themost senior judges, national and international, is quite different from anyother organization I’m aware of in this country, and is a source of enor-mous strength. My fellow Trustees and I are very impressed by the spiritand atmosphere we sense amongst our talented research staff and theiradministrative colleagues (itself a tribute to the current state of the inter-nal management), and we hope that the same both communicates itselfto our members and draws on their response.

Sir Franklin Berman KCMG QCChairman of the Board of Trustees

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Some Impacts of BIICLResearch in 2011

International Engagement

Institute Director RobertMcCorquodale gave a week-long series of lectures at the Xiamen Academy ofInternational Law in Xiamen,China on “Non-State Actors inInternational Law”, helping toeducate Chinese studentsand scholars (see photo left).

N Jansen Calamita, aspart of his work with the

Investment Treaty Forum, provided a training forum for AfricanGovernment Lawyers in London in October 2011. The Forum partneredwith African International Legal Awareness (AILA) to provide an inten-sive program on the subject of international investment law. Overtwenty government lawyers from Egypt, Gambia, Ghana, Liberia, SouthAfrica and Uganda participated in the programme, increasing thecapacity and expertise of government lawyers in six different Africanstates.

The Investment Treaty Forum has also had high level consultationswith government ministers in both Armenia and Iraq. In July a week-longseries of consultations with Representatives of the Iraqi Government wasorganized with the support of the US Department of Commerce and incoordination with the International Centre for the Settlement of InvestmentDisputes. The twelve representatives included members of the Iraq StateCouncil, Iraqi National Oil Company, and Iraqi Ministry of Foreign Affairs,and the meetings helped to influence decision-makers in the IraqiGovernment with respect to Iraq’s international treaty obligations andnegotiating position.

In September the Investment Treaty Forum partnered GPartners ofYerevan, Armenia, to provide international perspective on Armenia’srevision of its law on international commercial arbitration. Funding wasprovided by the World Bank and the European Bank for Reconstructionand Development, and the discussions helped to increase the capacityof members of the Armenian bar with respect to international arbitration,

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and to influence decision-makers in the Armenian Government withrespect to Armenia’s international arbitration framework.

Philip Marsden, Director of the Competition Law Forum, has beenappointed to several bodies this year. These include OFWAT’s FutureRegulation Advisory Board; the Scientific Committee of the Law Faculty ofthe College of Europe in Bruges, and the Lithuanian Competition Councilas a Public Advisor.

Influence in International Fora

A BIICL project led by Justine Stefanelli and Sarah Williams, with theInternational Federation of the Red Cross (IFRC), evaluating the extent towhich the UK and the EU had the appropriate infrastructure and prepared-ness to be able to deal with major disasters (natural and man-made) andto facilitate and regulate international assistance, has had a significantimpact in the EU. The EU Commission’s Directorate-General forHumanitarian Aid & Civil Protection has approved Guidelines on HostNation Support, and expressly mentioned the importance of the IFRCstudy, drafted by the Institute, as a tool for the drafters of the guidelines.At the moment, the Guidelines are not publicly available, but more information is available here: http://www.ifrc.org/en/what-we-do/idrl/latest-news/disaster-law-newsletter-february-2012/host-nation-support-guidelines-approved-by-eu/.

In 2010 the Product Liability Forum was asked by the EuropeanCommission to participate in their Fourth Review of the European ProductLiability Directive. In February 2011 the PLF submitted a response to theirquestionnaire. Reference was made in the ensuing Report of theEuropean Commission to the work of the Product Liability Forum, includ-ing the Product Liability Database.

Institute research on Public International Law was also relied upon atthe Commonwealth Law Ministers and Senior Officials Meeting in Sydneyin July 2011. Robert McCorquodale and Kristin Hausler’s work both onpre-trial detention activities by police and prison authorities and climatechange and its impact on security and survival were referred to in theirrecommendations.

Philip Marsden has also been involved in projects in Africa, the firstassisting the Gambia Competition Commission in relation to advocacy toministries, and the second assisting ECOWAS with respect to the devel-opment of a regional competition authority.

The research Philip conducted in 2011 with Peter Whelan has alsobeen well received. Their work on selective distribution was citedfavourably by the Swiss Competition Commission in a recent case, andtheir research on price discrimination was used by the Australian Senatein a report into the dairy industry.

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Citations of Research in National Courts

Democratic Republic of Congo v. FG Hemisphere Associates, HongKong Final Court of Appeal, 8 June 2011 (Robert McCorquodale)In the Judgment by Mr Justice Bokhary PJ (at para 119) in this case aboutsovereign immunity he said: “of course, while a domestic court is by nomeans wholly unconcerned with international law, its jurisdiction isdomestic. And I would note two things said by Professor RobertMcCorquodale in his contribution “The Rule of Law Internationally” in TomBingham and the Transformation of the Law (2009) (eds Mads Andenasand Duncan Fairgrieve) (2009). He acknowledges (at p.141) that “[m]oststudies have tended to indicate that the rule of law cannot be applied tothe international legal system, as that system has not yet developed suffi-ciently to have the necessary frameworks and institutions to allow the ruleof law to operate in a meaningful way”. But then (at p.145) he makes theobservation that “[t]he rule of law remains an important aspect of allnational systems and would enable a better international legal system.”

Animal Science Products, Inc. v. China Nat. Metals & Minerals Import& Export Co., 702 F.Supp.2d 320, 391(D.N.J. 2010) (N Jansen Calamita)“The fluid concept [of comity], in turn: (a) indirectly provided theoreticalsupport to areas of law related to international interactions, e.g., bysupplying jurisprudential solutions for conflict of law problems, or basesfor enforcement of foreign judgments or for resolutions of forum nonconveniens challenges; and, in addition, (b) mushroomed into a panoplyof legal doctrines, all bearing the name ‘the doctrine of comity,’ eventhough each of these doctrines eventually developed its own distinct setof considerations ensuring application of the umbrella concept of comityto the particular issue tackled by the doctrine. See, e.g., David J.Bederman, International Law Frameworks 182 (Foundation Press 2006)(‘Comity has been construed by the Supreme Court to mean a number ofdifferent things’); N. Jansen Calamita, Rethinking Comity: Towards aCoherent Treatment of International Parallel Proceedings, 27 Pa. J. Int’lEcon. L. 601, 614 (2006) (same).”

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BIICL Research Staff Profiles

Robert McCorquodaleInstitute Director

In addition to supervisingand conducting researchon several Institute projects—as well as his administrative, managerial,financial and development responsibilities—Robert has also obtainedfunding for research projects, coordinated the Annual Conference andGrotius Lecture, and reviewed the Institute’s publications.

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Professor Robert McCorquodale has beenthe Director of the Institute since January2008. He is also a Professor of InternationalLaw and Human Rights at the University ofNottingham. He has considerable experi-ence as an academic and as a practitioner,as well as being an adviser on issues ofpublic international law around the world.

He supervises a number of the Institute’sresearch projects, and provides advice andsupport to others. In addition, he is the Co-General Editor of the International andComparative Law Quarterly.

2011 Publications

International Law Beyond the State (Cameron May, 2011).Cases and Materials on International Law (5th edn, OUP, 2011) (with Martin

Dixon and Sarah Williams).‘Climate Change and its Impact on Security and Survival’ 37 Commonwealth

Law Bulletin (2011) 617 (with Kristin Hausler).‘International Human Rights Law and Transnational Corporations:

Responsibilities and Cooperation’ in D. König (ed), Coexistence, Cooperationand Solidarity—Liber Amicorum Rüdiger Wolfrum (Nijhoff, 2011) 453.

FCO’s Advisory Panel on Human Rights and the Death Penalty; IALS SeniorAssociate Research Fellow; member of the Human Rights Consortium ofthe University of London’s School of Advanced Study; Expert adviser toCommonwealth Scholarship Commission in the UK; expert assessor forthe Australian Research Council; and PhD supervisor.


Jeffrey JowellDirector of the Bingham Centre for the Rule of Law

During the BinghamCentre’s first year,Jeffrey has led theCentre in a number of projects including Security and Secrecy in Trials,responding to the Government’s Green Paper on Security and Justice andConstitutional Options for Libya, in collaboration with the Libyan ProgressInitiative (a UK based organisation liaising with the TransitionalGovernment). Jeffrey has also been reviewing the Role of RegionalCourts in Africa and the Role of Government Lawyers in collaboration withthe Commonwealth Law Association (CLA).

2011 Lectures

Jeffrey has undertaken an extensive lecture programme during the year,including lectures on the rule of law at the University of St Petersburg, theRoyal College of Administration (Madrid), City University of Hong Kong,Tulane University and the Academy of Athens. During Jeffrey’s visit toAthens, he was awarded the honour of being made a Member of theAcademy.

He also addressed the inaugural meeting of the South AfricanAdministration Law Association and gave evidence to three UKParliamentary Committees.

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Professor Sir Jeffrey Jowell KCMG QC isthe inaugural Director of the BinghamCentre. A leading authority on public law,he has combined a distinguished academiccareer with legal practice. Previously Deanof the Faculty of Law and a Vice Provost ofUCL, he has assisted many national consti-tutions, has served on a number of publicbodies. From 2000–2011 he was the UK’smember of the Council of Europe’sCommission for Democracy through Law(“The Venice Commission”). Jeffrey wasknighted in 2011 for services to humanrights, democracy and the rule of law.

2011 Publications

The Changing Constitution (7th edn) (OUP, 2011) (with Professor DawnOliver).


Jill BarrettDorset Senior Research Fellow in Public International Law

In 2011 she initiatedcollaboration with theCentre for InternationalLaw in Singapore, and is working with the Centre on a new project on BestTreaty Practice focusing on national treaty practices including the drafting,processing, signing, ratification and implementation of treaties, depositaryfunctions and the management of treaty records and publications.

She is now developing a new collaborative relationship between theInstitute and Melbourne Law School, University of Melbourne, Australia.

Forthcoming publications include articles on secondary law-makingunder treaties and new developments in Antarctic and Arctic governance.

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Jill Barrett joined the Institute in 2010 fromthe Legal Adviser’s team at the Foreign &Commonwealth office where she was LegalCounsellor and from 2012 will be the firstArthur Watts Senior Research Fellow inPublic International Law. She leads theresearch and events programme in publicinternational law. She has developedseveral new funded research projects forthe Institute, including a review of theduties and powers of British consular offi-cers and a comparative study on the treat-ment of sensitive information in civillitigation.

2011 Publications

“The United Kingdom and Parliamentary Scrutiny of Treaties: RecentReforms” 60 ICLQ 1 (2011) 225.


Jonathan BonnitchaResearch Fellow in Business and Human Rights

Jonathan spent much of2011 working on aresearch paper on theimplementation of theUN Guiding Principleson Business and Human Rights in the oil and gas sector.

In parallel to this research project, Jonathan organised a conference onthe implementation of the UN Guiding Principles on Business and HumanRights. The conference was jointly convened by the Institute, the RaoulWallenberg Institute and the International Bar Association, and wassupported by Clifford Chance and the Söderberg Foundations. It was heldover one and a half days on 15–16 September 2011 at the offices ofClifford Chance LLP.

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Dr Jonathan Bonnitcha joined the Instituteas Research Fellow in Business andHuman Rights in July 2011. He obtainedhis DPhil, MPhil and BCL in Law from theUniversity of Oxford, where he studied asa Rhodes Scholar. He also holds Bachelordegrees in both Economics and Law fromthe University of Sydney. He is admittedas a lawyer in Australia, and has workedon investment treaty arbitrations for aninternational law firm. In 2012, Jonathanwas awarded an £80,000 PostdoctoralFellowship by the UK Economic andSocial Research Council, which he hasnow taken up at the London School ofEconomics.

2011 Publications

‘A Framework for Understanding the Political Economy of InternationalInvestment Interpretation’ in C Brown & K Miles (eds) InternationalInvestment Law and Arbitration: Evolution and Revolution in Substanceand Procedure (Cambridge University Press, 2011).

‘Globalization and Inclusive Governance in China and India: ForeignInvestment, Land Rights, and Legal Empowerment of the Poor’ in MGehring, M-C Cordonier Segger & A Newcombe (eds) SustainableDevelopment in World Investment Law (Kluwer Law International, 2011)(with K Khoday).


N Jansen CalamitaSenior Research Fellow in International Investment and Trade LawDirector of the Investment Treaty Forum

Jansen’s work asDirector of the ITFdivides among thepublic, the practical andthe academic.

In 2011 Jansen hasworked with sovereigngovernments in formu-lating international investment policy and international dispute settlementstrategies and legislation, reviewing international investment treaty policy,revising domestic legislation on international commercial arbitration andconsidering accession to multilateral conventions.

Jansen balances his work in practice and public engagement withacademic research. In 2011 much of Jansen’s research has been consid-eration of the role of the principle of proportionality in international invest-ment law. Jansen also has conducted research on the development ofinternational investment policy with particular reference to the EuropeanUnion.

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Prior to joining the Institute in 2010, Jansenwas a member of the Faculty of Law at theUniversity of Oxford and the University ofVienna. He has also been an AdjunctProfessor at George Mason University inthe United States.

Prior to becoming a fulltime academic,Jansen served in the Office of the LegalAdviser in the US Department of State,representing the United States in bilateralinvestment matters and before the Iran–USClaims Tribunal, and in the Office of LegalAffairs at the United Nations in Vienna as amember of the UNCITRAL Secretariat.Prior to joining the UN, Jansen was inprivate practice in New York. He is a grad-uate of the Boston University Law School(JD summa cum laude) and the Universityof Oxford (BCL).

2011 Publications

‘Countermeasures and Jurisdiction: Between Effectiveness andFragmentation’, 42 Georgetown J. Int’l L. (2011) 233.


Duncan FairgrieveSenior Research Fellow in Comparative LawDirector of the Product Liability Forum

As well as his work with the Product LiabilityForum, Duncan hasworked on projects related to the issue of collective redress.

Duncan also continues to work with the UK medicines regulator, theMHRA, on a number of topics, in particular facilitating interdisciplinarythinking on the regulation of medicines by bringing together scientists,regulators and lawyers.

Duncan continues to work on broader comparative law issues. He hasbeen appointed as co-rapporteur for France for the Common Core project onProduct Liability (to be published by Cambridge University Press), as well asthe chapter on France for the State Liability project of the European Groupon Tort Law. He has also worked on comparative public law issues, present-ing a paper, with Mattias Guyomar of the French Conseil d’Etat, on the topicof the Rule of Law and Etat de Droit at a Bingham Centre event.

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Dr Duncan Fairgrieve is Maître deConférences at Sciences Po, Paris. He holdsdegrees from Oxford, London and Paris. DrFairgrieve’s research interests focus uponcomparative law, spanning both private andpublic law. In the sphere of public law, he hasa particular interest in the liability of publicauthorities in tort law. He also has an interestin the comparison of Anglo-French publiclaw. In the sphere of comparative private law,Dr Fairgrieve works on a variety of topics, inparticular tort law and product liability. He isthe founding Director of the Tort Law Centreat the Institute.

2011 Publications

Public Procurement Law: Damages as an Effective Remedy (ed. with F.Lichère) (Hart Publishing, 2011).

Tom Bingham and the Transformation of the Law: A Liber Amicorum (OUP,2011) (ed. with M. Andenas).

“Causation in French Law: pragmatism and policy” in R.Goldberg (ed),Perspectives on Causation (Hart, 2011) (with F. G’Sell).

Comparative Law Chapter in International Product Liability Manual (KluwerLaw, 2011) (with Professor G. Howells).


Kristin HauslerResearch Fellow in Public International Law

In 2011 Kristin’s workfocused on two projectsfor the Common-wealth Secretariat. Twopapers were preparedfor the July 2011Commonwealth Law Ministers and Senior Officials Meeting in Sydney.These were on the Commonwealth and international human rights legalstandards in relation to pre-trial detention activities by the police andprison authorities, and a briefing note on climate change and its impact onsecurity and survival. The papers and their recommendations were wellreceived, and the papers will be published in the Commonwealth LawBulletin.

Kristin has also been working with Education Above All (EAA), a Qatar-based policy research and advocacy organization, to draft a legalresource on international human rights law, international humanitarian lawand international criminal law applied to attacks against education.

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Kristin joined the Institute in 2007. Sincethen, she has undertaken a variety ofresearch projects in the area of public inter-national law, especially in human rights, andhas also organized many events on currentinterest topics. Over the last year, she hasmainly worked on climate change issuesand on a legal resource on the protection ofeducation under international law.Previously, Kristin worked for several yearsin Vancouver, Canada, on a repatriationproject involving indigenous communities.She is a member of the Cultural HeritageCommittee of the International LawAssociation. She has law degrees from theUniversity of Fribourg, Switzerland, and theUniversity of British Columbia, Canada.

2011 Publications

‘Climate change and its impact on security and survival’, 37 CommonwealthLaw Bulletin, 4 (2011) 617 (with R. McCorquodale).

‘Indigenous Perspectives in the Courtroom’, 16 International Journal ofHuman Rights, 1 (2012) 51.


Hayk KupelyantsResearch Fellow in Private International Law

During his time at the Institute, Hayk was theprimary researcher on the ‘Study on theQuestion of Effectiveness of an Assignment orSubrogation of a Claim against Third Partiesand the Priority of the Assigned or Subrogated

Claim over a Right of Another Person’, funded by the EuropeanCommission. This project was successfully completed and Hayk contin-ues to work on the process of submitting funding applications in thedomain of private international law.

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Hayk joined the Institute in 2011 as theResearch Fellow in Private InternationalLaw. He was educated in the UnitedKingdom, France and Armenia. Hayk isalso a Teaching Assistant at the School ofLaw at Queen Mary, University of London.


Eva LeinHerbert Smith Senior Research Fellow in Private International Law

Eva has been spending much of 2011 coordinating a multi-contributorstudy on assignment in the conflict of laws for the European Commission(415 pages) which will serve as a basis for future amendments of theRome I Regulation.

In addition she has been an expert on European Contract Law for theEuropean Parliament and presented a briefing note on the potential inter-action of an optional contract law instrument with EU private internationallaw in preparation of the recently published ‘Common EU Sales Law’(COM(2011) 635 final).

She has also been editing two multi-contributor publications: A book on theCommission Proposal for a recast of Regulation (EC) No 44/2001 (‘BrusselsI’), COM(2010) 748 final, and a publication providing a cross-border, compar-ative and European perspective on collective redress mechanisms.

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Since joining the Institute in 2009, Eva hasworked on a variety of projects in PrivateInternational Law. She has also beenteaching (including at Queen Mary,London) and lecturing abroad. Her recentwork includes the review process of theBrussels I Regulation, cross-border collec-tive redress and international successionsand also European contract law andcomparative law.

2011 Publications

‘Modern Art—the ECJ’s latest sketches of Art. 5(1) Brussels I Regulation’, inA. Bonomi and G.-P. Romano (ed.)Yearbook of Private International LawXII (2011) 571.

Book Review: ‘T. Thiede, Internationale Persönlichkeitsverletzungen durchMassenmedien’ (Jan Sramek Verlag 2010), Journal of European Tort Law(2011) 212.

Case Note CJEU, C-509/09; C-161/10—eDate Advertising/ Martinez, (2012)-1 Revista Española de Derecho Internacional LXIV 194.


Philip MarsdenSenior Research Fellow in Competition LawDirector of the Competition Law Forum

In 2011 Philip wasappointed to OFWAT’sFuture Regulation Advisory Board; to the Scientific Committee (of the LawFaculty of the College of Europe and as Public Advisor to the LithuanianCompetition Council.

Philip spoke at the International Competition Network conferencewhere he evaluated work by the International Development ResearchCentre to assist developing countries in their competition lawprogrammes.

He also spoke at OECD meetings in Paris, first on corporate compliancewith competition law and then to present a report reviewing the first fiveyears of the Egyptian competition regime and making recommendationsfor reform. He has also been involved in projects in Africa, assisting theGambia Competition Commission in advocacy to ministries, and alsoECOWAS with respect to development of a regional competition authority.

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Philip is a competition lawyer with researchinterests relating to consumer welfare,abuse of dominance, international enforce-ment cooperation, competition law in smalland developing economies, and aspects ofthe law of the World Trade Organisationrelating to competition policy, telecommuni-cations and dispute settlement proceed-ings. He is a frequent media commentatorand conference speaker on competitionand trade issues. He is the founder andeditor of the European Competition Journaland a Founding Director of World TradeInstitute Advisors.

2011 Publications

‘Online Search: “Antitrust”’ Competition Law Insight 26 (2011) 17.‘Acta Non Verba: Keep ‘Talking Shop’, Don’t Become Another Talking Shop’,

essay in The International Competition Network at Ten, ed. P. Lugard(Cambridge, 2011).


Justine StefanelliMaurice Wohl Fellow in European Law

Justine spent much of 2011 focused on the participation of the UK in theEU’s asylum system. In particular, Justine drafted a Working Paper on therule of law implications of the UK’s decision not to opt-in to proposals torecast the EU Asylum Reception Conditions (2003/9/EC) and Procedures(2005/85/EC) Directives. The Working Paper was read by representativesfrom the UK Home Office EU Asylum Policy Team, who were also invitedto come to the Bingham Centre to discuss the Working Paper.

The Working Paper was also highlighted at a Bingham Centre eventwhich focused on the constitutional and rule of law implications of theUK’s position towards the Common European Asylum System, and deci-sion not to opt-in to the recently amended EU Directives.

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Since joining the Institute in 2006, Justinehas worked on a variety of projects inEuropean law. Most recently, as part of theBingham Centre, she has focused her workon the systems for asylum and immigrationin Europe, with a particular emphasis onprocedures and immigration detention. Shewas also part of the ATLAS project, whichevaluated the EU’s international humanrights and humanitarian law policy, andconducted a study on the rights andresponsibilities of citizenship in the EU.

2011 Publications

‘Disaster Strikes: Overcoming barriers to the effective delivery of internationaldisaster assistance within the EU’, 2 Journal of International HumanitarianLaw 1 (2011) 53 (with Dr Sarah Williams).

‘Who’s Rule of Law? An Analysis of the UK’s Decision not to Opt-in to the EUAsylum Procedures and Reception Conditions Directives’, 60 ICLQ 4(2011) 1055.

‘The Negative Implications of EU Privilege Law Under Akzo Nobel at Homeand Abroad’, 60 ICLQ 2 (2011) 545.


Nicole UrbanResearch Fellow in International Humanitarian Law

In 2011 Nicole’s researchwas focused on the‘International Law andEducation in situations of Insecurity and Conflict’ project, looking at theaspects of International Humanitarian Law relevant to education-relatedviolations.

Building on her MPhil research, Nicole is organising an event on theprotection of journalists in conflict, which will take place in mid-March2012.

In addition to the Education Project Nicole is also working on a bookreview for the ICLQ and expects to publish an article based on herMasters research this year.

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Nicole joined the Institute in August 2011 asa Research Fellow in InternationalHumanitarian Law. She is currently a co-author on the Education Project. Herresearch focuses on the the extent to whichInternational Humanitarian Law recognizesand protects the right to education, civiliansinvolved in education, and educational facili-ties in armed conflict. Nicole recentlycompeted a Master of Philosophy in Law(MPhil) at the University of Oxford focusingon the International Humanitarian Lawprotection of journalists. Nicole is also a qual-ified solicitor in Australia and has practicedfor many years in a variety of legal fields.


Bingham Centre for the Rule of Law

The Bingham Centre for the Rule of Law is a part of the Institute dedicatedto the promotion of the rule of law in all its aspects nationally and interna-tionally. The Centre builds upon the work which formed the foundation ofLord Bingham’s distinguished career.

The maintenance and promotion of the rule of law is of fundamentalimportance for the human dignity and economic well-being of peopleeverywhere, providing the foundations for a functioning economy and ahumane society. Its relevance extends across a wide range in the affairsof people and states.

Report from the Director, Professor Sir Jeffrey Jowell KCMG QC

2011 marked the first year of the Bingham Centre’s existence. By the endof the year, the Centre was well and truly launched, having held 13 eventsand being engaged in a number of projects. Various key appointments tothe Centre were also made.

It has become clear from its first year, that the Bingham Centre fulfils apressing need and is uniquely qualified to make an identifiable differenceto the promotion and enhancement of the rule of law in the political, social,legal and economic spheres, nationally, regionally and internationally.

The Centre has quickly established itself as a body of quality, with asharp and unique image and mission. Its initial contributions (e.g. theresponse to the Government’s Green Paper on Justice and Security) havebeen widely cited in the press and, in the report of Parliament’s JointCommittee for Human Rights.

The Centre has been approached by a wide variety of bodies to collab-orate with them in different ways and we were pleased to be the only NGOto be asked by the UK Government to participate in an event during itschairmanship of the Committee of Ministers of the Council of Europe at ameeting on the rule of law’s practical impact to be held at LancasterHouse in 2012.

As Centre Director, I have given a number of talks and been involvedin discussions on rule of law themes in the UK and abroad (in Russia,Greece, Spain, Bahrain and Hong Kong). I have assisted the Council ofEurope’s new paper on the Rule of Law and have given evidence to threeParliamentary Committees.

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Appointments

Justine Stefanelli, Maurice Wohl Fellow in European Law in the Institute,is assigned as a Fellow of the Bingham Centre.

Sandra Homewood is the Administrator of the Bingham Centre.Jonathan Cooper was appointed the Centre’s (part time) Director of

Training and Education.Jonathan Bonnitcha was appointed as a Research Fellow.In order to expand our

critical research capacity,we have sought to attractresearchers on second-ment from practice or theacademic profession:The following have beenappointed (visiting, parttime) Fellows: MichaelFordham QC, ProfessorAdam Tomkins, TomHickman and NainaPatel.

A number of internshave assisted the workof the Centre.

Projects

The Centre has commenced a number of projects in the first year whichinclude:

• The Cross-Border Regulation of Financial Institutions• The Role of Regional Courts in Africa: A collaboration with the

Commonwealth Law Association, this project will consider the role insetting standards and the composition, access to etc. of RegionalAfrican Courts.

• The Role of Government Lawyers: Another collaboration with theCommonwealth Law Association. This will result in a Code of Practicefor Lawyers in Public Service to reconcile their duty to the rule of lawwith their duty to effect the designs of their governments.

• Detention Without Trial: A study on remand prisoners and immigrationcentres. Michael Fordham QC is working with Justine Stefanelli, onImmigration Detention Centres.

• Business Responsibilities and Human Rights: With the Institute,Jonathan Bonnitcha has been looking at the application of the Ruggieprinciples in relation to the oil and gas industry.

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Some staff of the Bingham Centre


• Civil Penalties: Cheating the Criminal Law: Michael Fordham hasproduced a Bingham Centre Working Paper on this subject.

• Security and Secrecy in Trials: Fellows Professor Adam Tomkins andTom Hickman helped prepare a Working Paper which formed theCentre’s response to the Government’s Green Paper on this subject.

• Constitutional Options for Libya: The Bingham Centre was asked bythe Libyan Progress Initiative (a UK-based organisation liaising withthe Transitional Government) to prepare a paper on this subject. Asecond stage, including training, has been requested.

Events

A number of events have been held in the Centre’s inaugural year toexplore current issues about the rule of law and to scope possibleresearch projects:

• 15 March 2011: US Supreme Court Justice Stephen Breyer onCourts and Democracy (with discussants Prof. Ronald Dworkin,Lord Lester QC, and Lord Justice Sedley).

• 31 March 2011: Relationship between European Court of HumanRights (ECtHR) and Domestic Courts (Lord Hope, ProfessorJustice Malinverni of the ECtHR; Justice Paczolay, Chief Justiceof the Hungarian Constitutional Court; Judge Olivier Dutheillet deLamothe, (Constitutional Court/Council of State, France) (Jointevent with UCL).

• 24 May 2011: The Rule of Law in Southern Africa (ProfessorHugh Corder, University of Cape Town, discussant, Prof SandraFredman, Oxford).

• 2 June 2011: Lecture by US banking regulation expert RodginCohen on Insolvencies of International Financial Institutions(Joint event with QMUL).

• 3 June 2011: Cross-Border Resolutions of FinancialInstitutions—joint event with American Law Institute.Participants included leading figures from the US and UKincluding the central banks, the IMF, the Treasury of the US andUK, private lawyers and those representing leading financialinstitutions.

• 17 June 2011: Meeting on The Rule of Law, Etat de droit andRechststaat. at the UK Supreme Court with six members of theFrench Conseil d’Etat and some German representatives.

• 23/24 Sept 2011: The Scope & Universality of the Rule of Lawmeeting at All Souls Oxford, attended by practitioners, acade-mics, members of the French Conseil d’Etat, Venice Commission

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cont.


& ECtHR. Bingham Centre Working Papers to be produced fromthe meeting.

• 4 Oct 2011—Strasbourg and the UK—joint event with ALBA(chaired by Lord Justice Laws, with speakers Lord Pannick QCand Professor Philip Leach).

• 18 Nov 2011—National Security and the Rule of Law. The meet-ing presented our draft response to the Government’s Justiceand Security Green Paper to an invited audience of experts.

• 24 Nov 2011—The UK Opt-out to the EU Asylum Directive. Thediscussion raised the constitutional and rule of law implications ofthe UK’s position towards the Common European AsylumSystem (CEAS), concentrating on elements of the UK’s positionnot to opt-in to the amended EU directives.

• 1 Dec 2011—Constitutional Options for Libya for the LibyanProgress Initiative. Beamed via satellite to Benghazi and Tripoli.

• 7 Dec 2011—The Rule of Law in Conflict—Affected States incollaboration with Chatham House. The event focused onAfghanistan, Libya and Sudan, addressed by Naina Patel, Fellowof the Bingham Centre.

• 14 Dec 2011—A British Interpretation of Convention Rights, LordIrvine of Lairg, The Lord Chancellor 1997–2003.

Education and Training

The Centre was asked by the Consul General’s Office in StPetersburg to deliver a training programme in Russia in 2012 relat-ing to rule of law to police, officials, judges and students.

Jonathan Cooper, the Centre’s Director of Training and Educationis planning a series of training events in the UK and abroad and willseek funds to develop a progamme for education on the rule of lawmore generally.

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Competition Law ForumDirector: Dr Philip Marsden

www.biicl.org/clf

The Competition Law Forum (CLF) of the Institute is a centre of excel-lence for European competition policy. It provides a forum in which thepractical application of competition policy is considered by lawyers, econ-omists, senior business managers, public servants, consumer bodiesand other experts.

The CLF Advisory Board over-sees the activities of CLF andoffers guidance to the ForumDirector on programme develop-ment and research. It has the keyresponsibility of ensuring the qual-ity standards of the Forum activitiesare appropriate to a centre of excel-lence and commensurate with theInstitute’s other activities.

The CLF Advisory Boardcurrently comprises: Tim Cowen,Susan Bright, Adrian Majumdar,Gavin Robert, Michael Hutchings OBE, Peter-Carlo Lehrell, StephenWisking, Christopher Vajda, Oliver Bretz and Simon Pritchard.

In 2011, the Director organized several public workshops, conferencesand Forum meetings, on topics such as Quality decision-making;Predatory Pricing; Article 102 cases; State aid and Financial institutions;Online search and advertising; Competition and the Public Interest,International perspectives on information exchange and signalling; andthe Annual Merger Conference. As ever, assistance and support wasprovided by Forum members.

Funding for research came from the membership contributions of theCLF members, sponsorship and fees from events, and one funded projecthas been approved for 2012 involving the CLF director training nationaljudges in Bulgaria, under the auspices of the European Commission.

The Forum welcomed three new members: Cleary Gottlieb, CompassLexecon, and Procter & Gamble, and the chairman of the CompetitionCommission, as a consultative member.

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Philip Marsden, Forum Director, speakingin Zurich


Competition Law Forum Members

Law Firms

Phil McDonnell, AddleshawGoddard

Vincent Power, AL GoodbodySimon Pritchard, Allen & OveryNigel Parr, AshurstSamantha Mobley, Baker &

McKenzieDavid Harrison, Berwin Leighton

PaisnerMaurits Dolmans, Cleary GottliebAlex Nourry, Clifford ChanceIngrid Gubbay, HausfeldJohn Davies, Freshfields

Bruckhaus DeringerStephen Wisking, Herbert SmithBernard Amory, Jones DayGavin Robert, LinklatersSusan Bright, Hogan LovellsBrian Sher, NabarroMark Jones, Norton RoseRiccardo Celli, O’Melveny &

MyersKatherine Holmes, Reed Smith

Richards ButlerChris Bright, Shearman & SterlingElaine Gibson-Bolton, SJ BerwinPhilippe Chappatte, Slaughter &

MayBernadine Adkins, Wragge & Co.

Corporates

Chris Parker, MicrosoftAnne Riley, Shell International

LimitedCarol Walsh, Visa InternationalKarim Nath, BATEva Bishop, Coca-Cola

EnterprisesAndrew McCarthy, P&G UK

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Economists

Cristina Caffarra, CRAIHelen Jenkins, OXERAAdrian Majumdar, RBB

EconomicsDavid Squires, DeloitteMark Williams, NERAJorge Padilla, Compass

Lexecon

Barristers

Christopher Vajda QC,Monckton Chambers

Consultants

Peter Carlo Lehrell, FIPRA

Consultative Members

Sir Christopher Bellamy,Linklaters

Professor Margaret Bloom,Kings College London

Philip Collins, Office of FairTrading

John Fingleton, Office of FairTrading

Judge Frédéric Jenny, Cour deCassation

William Kovacic, GWU LawFaculty

Sir John Vickers, All SoulsCollege

Stephen Walzer, CompetitionCommission

Polly Weitzman, Office ofCommunications

Sir Derek Morris, Oriel CollegeRoger Witcomb, Competition

Commission


Competition Law Forum Events 2011

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The Chapter II Prohibition: WhereHave All the UK Cases Gone?8 February, 2011Chair: Alastair Mordaunt, Office of FairTradingSpeakers: Bojana Ignjatovic, RBB EconomicsMarc Israel, Macfarlanes LLP

Annual Conference 2011Financial Regulation in a GlobalMarket: Moving Beyond The State10 June 2011Competition Policy, State Aid &

Financial InstitutionsChair: Dirk Hudig, FIPRASpeakers:Diane Coyle OBE, Enlightenment

Economics and Former Advisor tothe UK Treasury

Christian Ahlborn, Linklaters LLPFod Barnes, Oxera

Online Search: “Antitrust”8 June 2011Chair: Philip MarsdenSpeakers:Jorge Padilla, Compass Lexecon

EuropeAndrea Lofaro, RBB EconomicsLars Kjølbye, Covington & Burling LLP

9th Annual Merger Conference17 March 2011Chair: Philip MarsdenCarole Begent, Competition

CommissionClive Maxwell, Executive Director,

Office of Fair TradingRaphael De Coninck, European

CommissionJoseph Farrell, US Federal Trade

CommissionAmelia Fletcher, Office of Fair TradingPeter Freeman CBE, QC, Chairman,

Competition CommissionJohannes Luebking, European

CommissionAdrian Majumdar, RBB EconomicsRob McLeod, MlexSheldon Mills, Office of Fair TradingAlison Oldale, Competition CommissionSimon Pritchard, Allen & Overy LLPMatthew Readings, Shearman and

Sterling LLPNicholas Scola, Office of Fair Trading

CLF: Procedural fairness and qualitydecision-making14 March, 2011Chair: Philip MarsdenSpeakers:Bill Allan, Competition Appeal TribunalRachel Brandenburger, United States,

Department of JusticeLaura Carstensen, Competition

CommissionJackie Holland, OFTTheofanis Christoforou, European

Commission, Legal Service

CLF: International perspectives oninformation exchange and signalling1 June 2011Chair: Gavin Robert, LinklatersSpeakers:Wayne Leach, Mallesons Stephen

JaquesAndreas von Bonin, Freshfields

Bruckhaus Deringer LLPJohn Kallaugher, Latham and Watkins

LLPMatthew Bennett, Office of Fair Trading

Come Fly with Me: Predatory Pricing19 April 2011Chair: Brian Sher, Nabarro LLPSpeakers:Simon Pilsbury, OxeraPeter Lukacs, Office of Fair TradingAl Mangan, Addleshaw Goddard LLP


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CLF: Competition and the PublicInterest26 October 2011Chair: Michael Hutchings OBESpeakers:Phillip Blond, ResPublicaNiamh Grogan, Lloyds Banking GroupChristopher Townley, Kings College

LondonPhil Evans, FIPRA and Competition

CommissionAndrew McCarthy, Procter & Gamble

Competition Damages Actions—practice and pitfalls16 November 2011Chair: Ted Henneberry, Orrick,

Herrington & SutcliffeSpeakers:Marie-Cécile Rameau, Bredin PratOnno Brouwer, Freshfields Bruckhaus

DeringerDouglas Lahnborg, Orrick, Herrington &

Sutcliffe

Criminal cartel prosecution and civilleniency: international perspectiveson irreconcilable differences?14 September 2011Chair: Nicole Kar, Linklaters LLPSpeakers:Marc Hansen, Latham & Watkins LLPGraham Reynolds, OslerAntoine Winckler, Cleary Gottlieb

CLF: Competition and the SingleMarket6 December 2011Chairs: Oliver Bretz and Johan Ysewyn,

Clifford ChanceSpeakers:Luc Peeperkorn, European CommissionMunesh Mahtani, GoogleJuan Rodriguez, Sullivan & CromwellGert-Jan Koopman, European

CommissionWouter de Vriendt, Ministry of Finance,

BelgiumFrançois-Charles Laprevote, Cleary

GottliebMichel Petite, Clifford Chance and

former Director General of theEuropean Commission’s LegalService

Graham Shuttleworth, NERAJerome Claeys, UBS


Investment Treaty ForumDirector: N Jansen Calamita

www.biicl.org/itf

The Investment Treaty Forum (ITF) at the Institute was founded in 2004.Its aim is to provide a global centre for serious, high-level debate in thefield of international investment law. The Forum is a membership-basedgroup, bringing together some of the most experienced and insightfullawyers, business managers, policy advisers, academics and governmentofficials working in the field. Like the Institute itself, the Forum shares areputation for independence, even-handedness and academic rigour.

The Director of the Forum is N Jansen Calamita, who is a practitioner-academic, coming from a background in private practice, governmentservice with the United Nations and the US Department of State, andacademic appointments at the University of Oxford and most recently theUniversity of Birmingham, where he continues to teach.

The activities of the Investment Treaty Forum are varied and may bedistinguished between Private Members’ Meetings and PublicConferences and Seminars.

Private Members’ Meetings

As the Investment Treaty Forum is a membership-based organisation,a principle focus of the Forum’s activities is bringing the Forum’smembership together with invited guests to participate in the freeexchange and debate of ideas on the most important issues in the fieldof international investment law. As a rule, the Forum holds betweenthree and four such meetings each year, conducted under the“Chatham House Rule.” These meetings provide a unique and valuableopportunity to discuss issues with colleagues, policy-makers and otherparticipants in international investment law in a less formal setting thana classic conference.

By way of example of the topics and participants involved in recentMembers’ Meetings:

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Public Conferences

Twice annually the Investment Treaty Forum conducts day-long publicconferences (May and September) during which it opens its discussionsto the public for the benefit of all of those interested in the field. The ITFpublic conferences in 2011 are listed below. Further details about theevents are available on the ITF website, www.biicl.org/itf.

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Investment Treaty Arbitration andContractual Arbitration: A Complementarity of Remedies?Baker Botts LLP; Volterra Fietta LLP,November 2011Speakers and Chairs: AlejandroEscobar (Baker Botts LLP); StephenFietta (Volterra Fietta LLP); DameRosalyn Higgins; Professor DanSarooshi (University of Oxford; EssexCourt Chambers).

Sixteenth Public Conference of the Investment Treaty Forum: Is There a Customary International Law of Investment?6 May 2011Speakers and Chairs: Professor Jose Alvarez (New York University Law), N JansenCalamita (BIICL), Professor David D. Caron (University of California, 20 Essex Street),Professor Rudolf Dolzer (University of Bonn), Gavan Griffith QC (Essex CourtChambers), Professor Kaj Hober (Mannheimer Swartling, Stockholm; University ofDundee), Loretta Malintoppi (Eversheds LLP, Paris), Professor Campbell McLachlanQC (Victoria University of Wellington; Essex Court Chambers), Federico Ortino (KingsCollege London), Gary Sampliner (US Department of the Treasury), Stephan Schill(Max Planck Institute, Heidelberg), Judge Stephen Schwebel, Laurence Shore (GibsonDunn, New York), Professor Hans van Houtte (University of Leuven, Iran–US ClaimsTribunal), Matthew Weiniger (Herbert Smith).

Costs in Investor-State Arbitration: Is a Consensus Emerging?Latham & Watkins, October 2011Speakers and Chairs: BernardHanotiau (Hanotiau & van den Berg,Brussels), Sebastian Seelmann-Eggbert (Latham & Watkins, Hamburg),Thomas H. Webster (Independent arbitrator, Paris).

EU Law and International Investment Law: Questions of Jurisdiction andApplicable LawHogan Lovells, March 2011Speakers and Chairs: Yas Banifatemi (Shearman & Sterling, Paris), Markus Burgstaller(Hogan Lovells, LLP), Stefan Hindelang (Humboldt University, Berlin) and JeffreySullivan (Allen & Overy).


Special Programmes

In addition to the twice-annual, day-long public conferences, the Forumalso organizes periodic special seminars and conferences, sometimes inLondon, sometimes elsewhere, which are also open to the public and freeto attend for ITF members. The ITF special programmes in 2011 are listedbelow. Further details about the events are available on the ITF website.

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Seventeenth Public Conference of the Investment Treaty Forum: InternationalInvestment Law and Its Intersections9 September 2011Speakers and Chairs: N Jansen Calamita (BIICL), Luis González García (MatrixChambers), Professor Robert Howse (New York University Law), Robert Hunter(Hogan Lovells, Frankfurt), Professor Catherine Kessedjian (University of Paris II), JanKleinheisterkamp (London School of Economics), Alexandra Koutoglidou (EuropeanCommission DG Trade), Professor Ursula Kriebaum (University of Vienna), ProfessorJurgen Kurtz (University of Melbourne), Nikos Lavranos (Dutch Ministry of EconomicAffairs), Professor Ernst-Ulrich Petersmann (European University Institute), AndreaShemberg (Office of UN Special Rapporteur John Ruggie), Audley Sheppard (CliffordChance), Professor Anna Viterbo (Università degli Studi di Torino), Robert Volterra(Volterra Fietta), Todd Weiler (NAFTAClaims.com).

Why Still ICSID? SummaryProcedures, Annulment, and theFuture of ICSID, sponsored by HoganLovells, 3 November 2011Speakers and Chairs: Professor Annevan Aaken (University of St. Gallen),Stanimir Alexandrov (Sidley Austin), SirFranklin Berman KCMG QC (EssexCourt Chambers), Stephen Bouwhuis(Commonwealth Secretariat), DrMarkus Burgstaller (Hogan Lovells,London), N Jansen Calamita (BIICL),Professor John Crook (GeorgeWashington University), JJ Gass(Freshfields, Paris), Laurent Gouiffès(Hogan Lovells, Paris), Gavan GriffithQC (Essex Court Chambers), SecretaryGeneral Meg Kinnear (ICSID), AntonioParra (ICSID), Professor Alain Pellet(University Paris Ouest, Nanterre-LaDéfense), Professor Christoph Schreuer(Wolf Theiss, Vienna), Professor BrigitteStern (Université de Paris I).

Europe’s New InvestmentCompetence, co-organized withUniversity of Liverpool inLiverpool, 12 September 2011Speakers and Chairs: MarkusBurgstaller (Hogan Lovells, London), NJansen Calamita (BIICL), AngelosDimopoulos (University of Tillburg),Steffen Hindelang (Humboldt University,Berlin), Professor James Mathis(University of Amsterdam), ProfessorAugust Reinisch (University of Vienna),Mavluda Sattorova (University ofLiverpool), Professor Surya Subedi(University of Leeds).


Other Seminars and Conferences

In addition to seminars and conferences specifically on the internationallaw of investment, the Institute also undertakes a number of other activi-ties within the areas of international trade law.

Annual WTO Conference

The Institute co-hosts the Annual WTO Conference with GeorgetownUniversity and the Society for International Economic Law (SIEL). In May2011, the Institute and Georgetown organized the 11th WTO Conference,featuring a two-day programme devoted to exploring both the most impor-tant developments at the WTO in the previous year and global trends. Thefocus of the two days was split between (a) WTO Dispute Settlement:Subsidies in Many Shapes and Sizes and (b) Broader WTO Issues: TheGlobal Financial Crisis and its Impact on International Regulation Insideand Outside the WTO. The event was kindly sponsored by Sidley AustinLLP and White & Case LLP.

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Current Issues in Investment TreatyArbitration: Treaty Shopping v.Treaty Planning and the EU as a NewActor, co-organized with Italian Forumfor ArbitrationRome, 6 June 2011Speakers and Chairs: N JansenCalamita (BIICL), Andrea Carlevaris(Bonelli Erede Pappalardo, Rome),Domenico Di Pietro (Chiomenti StudioLegale, Rome), Ferdinando Emanuele(Cleary Gottlieb Steen & Hamilton LLP,Rome), Luigi Fumagalli (Università degliStudi di Milano), Bart Legum (Salans,Paris), Vaughan Lowe QC (University ofOxford; Essex Court Chambers),Loretta Malintoppi (Eversheds, Paris),Federico Ortino (King’s CollegeLondon), Lluís Paradell (FreshfieldsBruckhaus Deringer, Rome), LeopoldoRubinacci (DG Trade, EU Commission),Giorgio Sacerdoti (Università Bocconi diMilano), Anthony Sinclair (Allen & OveryLLP, London), Edouard Soubry (GDFSUEZ, Brussels).

Investment Treaty Forum PublicMeeting—Standards ofCompensation and Measures ofValue in International InvestmentArbitration: Ships Passing in theNight? sponsored by FTI Consulting2 March 2011Speakers and Chairs: Mark Bezant (FTIConsulting, London); N JansenCalamita (BIICL); David Herlihy(Skadden, Arps, Slate, Meagher &Flom, London); Professor Mark Kantor(Georgetown University); ProfessorIrmgard Marboe (University of Vienna);James Nicholson (FTI Consutling,Paris); Noah Rubins (FreshfieldsBruckhaus Derringer, Paris); ThierrySenechal (International Chamber ofCommerce, Paris).


Arbitration-related Events

Over the past year, the Institute has held a number of other seminars andconferences addressing the matter of international arbitration generally,many of which are of considerable interested to members of the ITF.These events have included:

Government Training & Consultations

The ITF also provides training and consultations with national govern-ments on matters relating to international investment law. In 2011 the ITFDirector held a number of consultations with national governments inAfrica and Europe.

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The Ins and Outs of CIETACArbitration: Arbitrating under theRules of the China InternationalEconomic and Trade ArbitrationCommission & A Comparison ofCIETAC Arbitration with Arbitrationunder the Rules of otherInternational Arbitral Institutions,sponsored by Clifford Chance15 April 2011Speakers and Chairs: N. JansenCalamita (BIICL); Cao Lijun (Zhong LunLaw Firm, Beijing); Sir Anthony Colman(former Judge of the CommercialCourt); Anthony Connerty (LambChambers & IDR Group); JohanGernandt (Arbitration Institute of theStockholm Chamber of Commerce);Arthur Harverd (former Chairman of theBoard of Directors of the London Courtof International Arbitration); YuJianlong, (Secretary General, CIETAC);Chen Min (CIETAC Southwest Sub-Commission); Audley Sheppard (CliffordChance, London); Xing Xiusong (GlobalLaw Office, Beijing); Patrick Zhang(Clifford Chance, Beijing).

Impact of Bribery and Corruption onthe International Arbitral Process,sponsored by Freshfields Bruckhaus &Deringer18 January 2011Speakers and Chairs: Sir Mark Waller(ret. Judge of the Court of Appeal);Constantine Partasides (FreshfieldsBruckhaus & Deringer, London);Khawar Qureshi QC (Serle CourtChambers).


Investment Treaty Forum Advisory BoardNorah Gallagher, SingaporeProfessor Vaughan Lowe, All Souls College Oxford and Essex Court

ChambersLoretta Malintoppi, Eversheds, ParisLucy Reed, Freshfields Bruckhaus Deringer LLP, New YorkAudley Sheppard, Clifford Chance LLP, LondonRobert Volterra, Volterra Fietta LLP, London

Consultative Forum Members

Organisations

The United Kingdom Foreign and Commonwealth OfficeThe International Institute for Sustainable DevelopmentThe Organisation for Economic Cooperation and DevelopmentThe Permanent Court of ArbitrationThe International Law Programme, Chatham HouseThe United Nations Conference on Trade and Development

Individuals

Professor James Crawford SC, University of Cambridge and MatrixChambers

Judge Christopher Greenwood QC, International Court of JusticeProfessor Vaughan Lowe, All Souls College, Oxford, and Essex

Court ChambersProfessor Peter Muchlinski, School of Oriental and African Studies,

University of LondonDr Federico Ortino, School of Law, King’s College LondonAntonio Parra, Visiting Professor, University College London and

former Deputy Secretary General, ICSIDDr Karl P Sauvant, Columbia University Law SchoolProfessor Dr Christoph Schreuer, University of ViennaJudge Stephen SchwebelProfessor M Sornarajah, University of SingaporeAdrian Winstanley, London Court of International Arbitration

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Product Liability ForumDirector: Duncan Fairgrieve

Research Fellow (2010/2011): Faria Medjoubawww.biicl.org/plf

The Product Liability Forum (PLF) at the Institute allows the practical appli-cation of policy and developments in product liability and safety law to beconsidered by leading lawyers in private practice, industry, academia,regulatory bodies and senior business managers, consumer representa-tives, public servants, public affairs professionals and other specialist prac-titioners. Its role is to analyse and improve the conduct of policy andpractice in the spheres of product liability, product safety and mass torts.

The academic credentials of the Product Liability Forum set it apartfrom other bodies. It is not designed as a lobby group, nor is it to be iden-tified with any particular perspective or sector. Mr Justice Burton, whogave judgment in the leading decision on product liability in A v NationalBlood Authority, has written that:

‘The British Institute of International and Comparative Law has been inthe forefront of debate in the field of product liability, organizing confer-ences from which no self-respecting practitioner or academic in thearea could afford to be absent.’

(In Duncan Fairgrieve, Product Liability in Comparative Perspective(CUP, Cambridge, 2005)).

Product Liability Research

The status of the Product Liability Forum as a leader in the product liabil-ity and safety area has been recognized by the European Commissionwhich requested our participation in the review process of the ProductLiability Directive. In 2010, we were asked by the European Commissionto participate in their Fourth review of the Directive, and the PLF dulysubmitted, in February 2011, a response to the CommissionQuestionnaire. Reference was made in the ensuing report of theEuropean Commission to the database of the Product Liability Forum.

Product Liability Database

The Tort Law Centre continues to run an innovative web-based databaseof legislation and judicial decisions on product liability, aiming to bringtogether all judgments under the European Product Liability Directive in all

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the Member States. Each country report includes an analysis of domestictort and contract law, the relevant procedural background, as well as theimplementation of the Directive. This is then supplemented by casereports of all the major decisions in the country under the implementedDirective. Commentary on each decision is provided by a team of nationalexperts drawn from both academia and practice. This is a major researcheffort; no similar tool exists. We already have a number of countriesonline. This database is viewable from the PLF webpage (members’access only): www.biicl.org/plf.

Forum Events

Over the past year, a number of seminars have been organized under theaegis of the Forum, bringing together practitioners, academics and poli-cymakers to examine the practical application of policy and developmentsin product liability and safety law.

During 2011, we welcomed many guest speakers from the UK andabroad, including distinguished speakers from the public sector, as wellas other distinguished colleagues.

Our public events have also been well attended:

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Punitive Damages: Europe Strikes Back2 November 2011Professor Rachael Mulheron, Queen Mary, University of London; Professor MartaRequejo Isidro, University of Santiago de Compostela, Spain; Dr Maxi Scherer,WilmerHale, London and Sciences Po, Paris; Dr Francesco Quarta, University ofSalento, Lecce, Italy.

Reviewing the Application of the PLDirective; the Commission’s FourthReport20 January 2011This was an informal seminar at theInstitute to discuss the EuropeanCommission’s ongoing review of theeffectiveness of the PL Directive. ThePLF’s response to this Review was alsodiscussed.

Contingency Fees in ComparativePerspective: Update on the develop-ments in England & Wales comparedwith practice in Germany, Italy andSpain18 May 2011Iram Akhtar, Civil Litigation Funding andCost Issues team, Ministry of Justice,Stefan Lenze, Freshfields BruckhausDeringer LLP London, José Luis Prieto,Freshfields Bruckhaus Deringer LLPMadrid, Avv Daniele Vecchi, GianniOrigoni Grippo & Partners, Italy.


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Enforcement of Public ProcurementRules: Lessons from a ComparativePerspective11 April 2011Mark Clough QC, Brodies LLP, CiaraKennedy-Loest, Hogan Lovells,Professor Francois Lichère, Universityof Aix-Marseille III, Professor SteenTreumer, University of Copenhagen,Denmark, Michael Bowsher QC,Monckton Chambers, Professor Dr iurMartin Burgi, Ruhr-Universität Bochum,Professor Roberto Caranta, TurinUniversity, Italy, Professor MartinTrybus, University of Birmingham,Professor Fabrizio Cassella, TurinUniversity, Italy, Dr Dacian C Dragos,Babes Bolyai University, Romania,Professor Chris Yukins, GeorgeWashington University Law School.

Focus on Collective Redress—Whatnow, what next?27 June 2011Katia Lenzing, European Commission,Avv Massimo Todisco, CODACONS,Italy, Gerard McDermott QC, OuterTemple Chambers, Professor Dr AstridStadler, University of Konstanz,Germany, Rob Murray, Crowell & MoringLLP, David Burstyner, Omnibridgeway,Bert Foer, AAI, Christine O’Neill, BrodiesLLP, Edinburgh, Stijn Franken,NautaDutilh, the Netherlands.

The Litigation Aftermath of theGlobal Financial Crisis: FinancialServices Claims25 March 2011Professor Kern Alexander, University ofZurich, Dr David Chekroun, ESCPEurope London & Paris, ProfessorMichael Dempster, University ofCambridge, Anthony L. Paccione,Katten Muchin Rosenman LLP TBC, DrWolf-Georg Ringe, University of Oxford,Michael Swainston QC, Brick CourtChambers.

Celebrating 20 Years of Francovich inthe EU (full day conference)17 November 2011Paul Berman, Treasury Solicitors;Professor Roberto Caranta, TurinUniversity, Italy; Sir David EdwardKCMG; Jon Lawrence, FreshfieldsBruckhaus Deringer; Dr DorotaLeczykiewicz, Trinity College Oxford; DrTobias Lock, University of Surrey;Thomas de la Mare, BlackstoneChambers; Rob Murray, Crowell &Moring; Dr Renato Nazzini, University ofSouthampton; Michael Patchett-Joyce,Outer Temple Chambers; ProfessorNorbert Reich, Emeritus, University ofBremen; Professor Giuseppe Tesauro,Judge, Italian Constitutional Court, formerAdvocate General of the European Courtof Justice; Professor Takis Tridimas,Queen Mary, University of London;Professor Richard Whish, King’s CollegeLondon.


Product Liability Forum Members

Corporate Members

Four New SquareArnold & Porter LLP

AshurstBerrymans Lace Mawer LLP

British American TobaccoClifford Chance

Covington & Burling LLPDAC Beachcroft

Freshfields Bruckhaus Deringer LLPHenderson Chambers

Herbert Smith LLPHogan LovellsIrwin Mitchell

KennedysOld Square Chambers

Reynolds Porter Chamberlain LLPShook Hardy & Bacon LLP

Individual Members

Claire Andrews, Gough Square ChambersTripp Haston, Bradley, Arant, Boult, Cummings LLP

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Research ProjectsArmed Conflicts, Peacekeeping,

Transitional Justice: Law as Solution(ATLAS)

Project Director: Robert McCorquodaleResearch Fellows: Faria Medjouba and Justine Stefanelli

ATLAS is the result of a response to a call of the European Commissionon the topic ‘Articulation of the Rule of Law and Protection of HumanRights at National, European and International Levels’ which falls withinthe scope of ‘Conflicts, Peace and Human Rights’, within the 7th ECFramework Programme.

The overall objective was to contribute to the reinforcement of the ruleof law during and after armed conflicts and to review the current activity ofthe EU in promoting human rights and international humanitarian law bothduring and after armed conflicts, mainly through its peacekeeping opera-tions, and to offer recommendations for improvements and best practicein these activities.

The four-year long project drewto a close in February 2011 with itsfinal conference at BIICL on thesubject of ‘Building Peace in Post-Conflict Situations’. The full-dayconference was organised byBIICL and involved each of theeight consortium research part-ners. The event focused on severalsubjects including amnesties,apologies, truth and reconciliationcommissions, reparation of victimsand legal issues in internationalprosecutions. A panel was alsodevoted to the field missions toSierra Leone, Cambodia and Bosnia and Herzegovina, which were organ-ised by BIICL in 2010.

The results of this lengthy and important study were given to theCommission in June 2011 by the lead partner, CERDIN.

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Research PartnersCentre d’étude et de recherche en droit

international—CERDIN— Universitéde Paris 1 Panthéon-Sorbonne (Co-ordinator of the project)

Collège de FranceUniversitat Jaume I de Castellon—

Departamento de Derecho PúblicoUniversitatea din BucurestiMagna Carta—Human Rights Network

InternationalCentre Perelman de philosophie de

droit—Université Libre de BruxellesUniversitat de ValènciaUniversity Jaume I de Castellón


Training and Research on Treaty Lawand Practice

Project Director: Jill BarrettResearch Fellow: Paul Barnett, Visiting Fellow, formerly Head of

Treaty Section, Foreign & Commonwealth OfficeConsultant: Gerard Limburg, formerly Director of Treaties,

Ministry of Foreign Affairs of the Kingdom of the Netherlands

The Institute has established a collaborative project with the Centre forInternational Law at the University of Singapore, to provide training andcarry out research on treaty law and practice. The objective of the jointstudy is also to publish a book on best treaty practices with respect tonational treaty practices including the drafting, processing, signing, ratifi-cation and implementation of treaties, and the management of treatyrecords and publications.

Jill Barrett and Paul Barnett visited the Council of Europe in December2011 to discuss the project with the Director of Legal Advice and PublicInternational Law and the Treaty Office, and to collect information aboutCouncil of Europe treaty practice.

The Centre and the Institute jointly held an international workshop onTreaty Law and Practice in Singapore from 16–19 January 2012. Its aimwas to set out broad criteria on good treaty practice based on examina-tion of the treaty procedures and practices of selected governments andinternational organisations.

More than 35 participants from the 10 ASEAN member governmentsand the ASEAN Secretariat attended the Workshop. The speakers at theWorkshop were Jill Barrett, Paul Barnett, Gerard Limburg of the Institute’sresearch team, Professor Robert Beckman, Director of the Centre forInternational Law and Elise Cornu, Head of the Treaty Office of theCouncil of Europe.

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Comparative Study on Sensitive Information in Civil Proceedings

Project Directors: Jill Barrett and Jeffrey Jowell

A study commissioned in January 2011 considered the treatment of sensi-tive information in civil litigation in a number of European jurisdictions.Research was carried out by experts on the relevant jurisdictions underthe supervision of Jill Barrett and Jeffrey Jowell.

The Institute delivered its report in March 2011. Information from thisstudy has informed public debate on the UK Government’s proposals forreform in this area.

European Contract Law Briefing NotesProject Director: Eva Lein

The Institute is a framework contractor of the European Parliament onEuropean Contract Law. Within that context, it has given its expertise tothe European Parliament on the envisaged optional instrument for EUcontract law and its relation with rules of private international law includ-ing rules on jurisdiction, recognition and enforcement. The Institutedrafted a Briefing Note and presented it at the European Parliament LegalAffairs Committee workshop “An Optional Instrument for EU Contract law”in Brussels.

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Climate Change and its Impact onSecurity and SurvivalProject Director: Robert McCorquodale

Research Fellow: Kristin Hausler

This briefing paper on climate change and its impact on security andsurvival was commissioned by the Commonwealth Secretariat. It identi-fied key security issues for the populations of the Commonwealth, inparticular the risks of human rights violations. Inadequate legal frame-works with regard to both climate change induced migration and accessto natural resources, whether at the national, regional and internationallevel, pose significant threat to the security and stability of Member States.In addition to recommending continuing efforts within the UNFCCC frame-work, the paper contained other recommendations, such as the need todevelop cooperation mechanisms to respond to the existing inadequatelegal frameworks.

During its July 2011 Meeting in Sydney, Commonwealth Law Ministersand Senior Officials considered this briefing paper. All of the recommen-dations presented were well received by the Ministers. As a result, theyresolved, among other things, to “mandate the CommonwealthSecretariat to conduct a comprehensive assessment of the adequacy ofsuch legal frameworks as are currently applicable to populationsdisplaced due to climate change both within states and between statesand access to vital natural resources”, thus expanding the mandate of theCommonwealth Secretariat. The Institute carried out this research in2011.

The paper was published in the Commonwealth Law Bulletin, Volume37, Issue 4, December 2011.

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Collective Redress Web ResourcesProject Directors: Eva Lein and Duncan FairgrieveResearch Fellow: Vincent Smith (Visiting Fellow)

Collective redress has increasingly come to the forefront of the Europeanlegal arena through mass disasters where redress on an individual basisof the injured parties is subject to significant obstacles in terms of acces-sibility, effectiveness and affordability of court proceedings. Despite this,a common EU procedure for collective redress has still not been devel-oped and there is a lack of comprehensive, neutral and systematic infor-mation on this issue. To fill this gap, the Institute developed the project‘Focus on Collective Redress’ which aimed at developing a comprehen-sive European and cross-national study on collective redress, through aEuropean Network of academics, practitioners, policy-makers, consumersand SME representative bodies. The core of the project is a comprehen-sive website providing cross-national comparisons on collective redressmechanisms and case law in the EU, underlining issues of commonalityand difference, informing about progress on legislation at the EU and onfunding of collective actions. The project also comprises meetings, semi-nars and publications. The project will serve as a resource for practition-ers and academics, and also for European legislatures seeking to developappropriate laws on collective redress.

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Conflict of Laws Rules on Assignmentand Subrogation—Article 14

Rome I RegulationProject Director: Eva Lein

Research Fellow: Hayk Kupelyants

In 2011 BIICL undertook a comprehensive research study for theEuropean Commission on proprietary aspects of assignment in theconflicts of laws. At present, Regulation (EC) No 593/2008 of theEuropean Parliament and of the Council of 17 June 2008 on the lawapplicable to contractual obligations (‘Rome I Regulation’) does notcontain a conflict of laws provision on these aspects and the EU MemberStates have different approaches to these questions. The Institute Studyconsidered (among other questions) whether a harmonised conflict oflaws rule is necessary, whether any such rule should distinguish betweentransactions of different kinds and on the application of which law it shouldbest be based. The 415 page study consists of a legal, statistical and anempirical part, as well as recommendations and drafting proposals.Account was taken of the needs and views of operators of different kindswithin different market sectors. The study served as a basis for theEuropean Commission’s report on Article 14 of the Rome I Regulation(Art.27(2) Rome I Regulation).

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Human Rights and Pre-Trial Procedures:Requirements for Police and Prison

AuthoritiesProject Director: Robert McCorquodale

Research Fellow: Kristin Hausler

This study was commissioned by the Commonwealth Secretariat, settingout the Commonwealth and international human rights legal standards inrelation to pre-trial detention activities by the police and prison authorities.The scope of the research encompassed the key stages of the pre-trialpolice investigation and prison use, including police arrest and investiga-tion methods, and conditions of pre-trial detention. This enabled a clarifi-cation of the current minimum human rights standards in relation topre-trial procedures, and provided recommendations to be considered byMember States, including recommendations on international obligationsand national laws, as well as practical recommendations.

During its July 2011 Meeting in Sydney, Commonwealth Law Ministersand Senior Officials considered a paper prepared by the Institute as aresult of this study. The Ministers took note of the paper which wasdeemed suitable for publication in the Commonwealth.

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Human Rights Responsibilities in Oiland Gas Operations: Applying the UN

Guiding PrinciplesProject Director: Robert McCorquodale

Research Fellow in 2011: Jonathan Bonnitcha

On 16 June 2011 the Guiding Principles on Business and Human Rightswere unanimously endorsed by the United Nations Human RightsCouncil. The stated objective of the Guiding Principles is to enhance‘standards and practices with regard to business and human rights so asto achieve tangible results for affected individuals and communities’.These Guiding Principles are based on a framework developed by the UNSpecial Representative, John Ruggie, which has engendered a uniqueconsensus among States, the business community and some parts of civilsociety. This framework has three pillars:

• A government duty to protect human rights;• A business responsibility to respect human rights; and• Effective judicial and non-judicial remedies.

In 2011 the Institute—through the Bingham Centre for the Rule of Law—in partnership with Clifford Chance LLP, obtained a grant from theAssociation of International Petroleum Negotiators to study the implica-tions of the Guiding Principles for the international oil and gas industry.This research is to be conducted over nine months and will result in thepublication of the study in an oil and gas industry journal in 2012.

In addition to a legal perspective on the Guiding Principles and theirapplication to oil and gas companies, the study has included a survey of,and interviews with, oil and gas company representatives to assess whatcompanies are doing in practice to comply with the Guiding Principles.The research will provide recommendations for how to address chal-lenges arising from their implementation, in keeping with the Centre’sapproach to provide quality research with a practical application. It is alsoevident that, while the Framework and Guiding Principles purport not toimpose new legal obligations on States or businesses with respect tohuman rights, they have important legal implications, including in relationto its application to corporations in different industry sectors.

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Iraqi Government Lawyers InvestmentLaw Training

Director: N Jansen Calamita

In 2011 the Investment Treaty Forum partnered with the US Departmentsof Commerce and State to design and deliver a ten-day program ofconsultations in Washington with members of the Iraqi Government. Thefocus of the consultations were the Iraqi Government’s negotiation of new,post-war investment treaties, accession to the ICSID Convention, andconsideration of accession to the New York Convention.

The consultations were the product of a determination by the IraqiMinister of Justice to proceed with preparations for Iraq’s possible acces-sion to the ICSID Convention by seeking the advice of internationalexperts on the work of ICSID and the arbitration of international invest-ment disputes. Accordingly, the consultations involved senior officialsfrom Iraq’s State Council, the Ministry of Justice, the Ministry of ForeignAffairs and the National Investment Council. The work in this area is on-going.

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Reparation for Education-RelatedViolations of International Law

Project Director: Duncan FairgreaveResearch Fellow: Kristin Hausler

This project, commissioned by Education Above All, a Qatar-based inter-national NGO which focuses on the protection of education, consisted ofa short study aimed at providing an overview of reparation as a means ofremedying harm to education. It provided a schematic guide to the vari-ous institutions, procedures, processes and mechanisms which exist atthe international level capable of addressing questions of reparation inrespect of education. As necessary context for this, the analysis alsoexplained the scope and purpose of the concept of reparation as tradi-tionally understood within the international legal framework as well asexplaining how, within the framework of certain legal regimes, this posi-tion is evolving, with potential implications for educational forms of repa-ration. This briefing paper also discussed various modalities of reparationwhich are used in practice (or which could be used) to redress harm toeducational interests. The analysis concluded with a number of recom-mendations as to a variety of further avenues of research which couldusefully be considered or explored.

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International Law and Education inSituations of Insecurity and Conflict

Project Director: Robert McCorquodaleResearch Fellows: Kristin Hausler and Nicole Urban

In 2011, the Institute started to develop a legal resource on the protectionof education under international law in times of insecurity and armedconflict. This project is the result of a tender that was offered by EducationAbove All, a Qatar-based international NGO which focuses on the protec-tion of education during these challenging situations.

This study, which will be published in 2012, is timely as there has beenvery little examination of how the different strands of international lawapply to education-related violations during periods of insecurity andconflict. Such examination is essential for both the protection of educationitself and for the benefits that derive from it. It is also an essential contri-bution to education for all those involved in situations of insecurity andconflict with regard to the obligations to protect education and to reduceeducation-related violations.

This project pulls together those aspects of international law that maybe used to protect education from education-related violations in thesedifficult situations. Many of these matters of international law in this areafrequently overlap, are interwoven and are novel. The project considersthe most relevant aspects of International Humanitarian Law, InternationalCriminal Law, and International Human Rights Law. It explores the right toeducation and related rights, and the protection of students and educationstaff, and the protection of education facilities. Where possible, exampleswill be used to demonstrate how the law may apply to specific situations,especially where the materials themselves are inconclusive or incoherent.

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Publications

Criminal Law and the Rights ofthe Child in Muslim States: A Comparative and AnalyticalPerspective

Nisrine Abiad and Farkhanda ZiaMansoor

Published: January 2011

By analyzing legislative and judicialactions in a selection of Muslim andnon-Muslim States in relation to therights of the child in criminalmatters, this book aims to identifypossible harmonization betweenthe obligations of internationalhuman rights law (eg the UNConvention on the Rights of theChild) and the criminal justicesystems within each State, particu-larly Islamic law (Sharia).

This book features chapters onchild offenders in criminal law and Islamic law, and country reports (fromrapporteurs) on Afghanistan, Egypt, Lebanon, Iran, Malaysia, Nigeria,Pakistan, Spain, Turkey, the United Arab Emirates, and the UnitedKingdom. Among other issues, the authors discuss:

• The definition of ‘child’ in criminal law• Rights for child offenders under international law (UNCRC, the Beijing

Rules)• Rights of the child under Islamic regional instruments• Islamic law as it relates to child offenders• The age of criminal liability• The death penalty• The role of the judiciary in criminal cases within Muslim jurisdictions

Theoretical and comparative research methods highlight that the positionof Islamic law on the age of criminal liability and the legal rights of childoffenders is nuanced, both through the way various ways Islamic criminal

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law is implemented, and the role of the judiciary in expanding the protec-tion of juvenile offenders.

‘Inspiring … I found this treatise to be interesting and even enlight-ening. Its study by lawyers, judges, social scientists and academicswill broaden their outlook on these important aspects of our legalsystem.’—Justice Ejaz Afzal Khan, Peshawar High Court

Price:Member: £30Non-Member: £50

ICLQ Annual Lecture2011 was the inaugural year of the ICLQAnnual Lecture. When founded in 1952, theICLQ was the only journal which offered thereader coverage of comparative law as wellas public and private international law.Since then it has maintained its pre-eminence as one of the most importantjournals of its kind and it continues to offerpractitioners and academics wide topicalcoverage without compromising rigorouseditorial standards.

Under the general editorship of ProfessorCatherine Redgwell and Professor RobertMcCorquodale, the journal continues toattract scholarship of the highest standardfrom around the world. Articles are submitted

by both members and non-members of the Institute and the Editorscontinue to welcome contributions, which are selected on the basis of excel-lence, reflecting the independence of the ICLQ and the Institute as a whole.

The inaugural ICLQ lecture is a celebration of 60 years as the flagstonepublication of the British Institute of International and Comparative Law,and will continue as an Annual event from 2012 onwards.

The 2011 lecture was delivered by Professor Christine Bell of theUniversity of Ulster on ‘Peace negotiations and gender justice: Womanand UNSC 1325’.

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Conferences, Lectures,Seminars and Other Events

Throughout 2011 the Institute ran a busy calendar of events attractingexpert speakers and delegates from around the globe.

The January program opened with “Impact of Bribery and Corruptionon the International Arbitral Process”. This event examined the impactof the Bribery Act (2010) on the treatment of allegations of corruptionand bribery in international arbitration in the United Kingdom and thepractical issues involved in the proof of allegations of corruption in arbi-tration. WikiLeaks dominated much of the press on freedom of informa-tion this year and our January program closed with “Freedom ofInformation in the WikiLeaks Era”. Joshua Rozenberg chaired a panel ofexpert speakers.

In the spring our conference “Building Peace in Post-Conflict Situations”as a part of the ATLAS project (Armed Conflicts, Peacekeeping;Transitional Justice—Law as Solution) attracted a large group of interna-tional speakers and delegates. Our premier calendar event, the GrotiusLecture was held on 3 March. The topic for 2011 was “Foreign InvestmentArbitration: A Place for Human Rights?” with the speaker being JudgeBruno Simma of the International Court of Justice who addressed a fullhouse. This year also saw the launch of our inaugural ICLQ lecture “Peacenegotiations and Gender Justice: Women and UNSC 1325”.

The Institute’s annual conference was held on 10 June at GoodenoughCollege. The theme was “Financial Regulation in a Global Market: MovingBeyond the State”. A Keynote address was delivered by Professor RosaLastra of Queen Mary University of London. A number of highly respectedspeakers lent their voice to the theme in areas of Competition Law; IslamicLaw; European Law and Financial Services Law.

At the end of June the Institute hosted the “50th London-LeidenConference on European Law”carrying on this long standingtradition between LeidenUniversity and the Institute. Theevent was attended by some ofthe founding members of theexchange group.

The Institute remains ready torespond to current and topicalissues in International Law

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through Rapid Response events. In July the Institute hosted “EuropeanCourt Decisions on Human Rights in Iraq”, a rapid-response seminarpanel discussion on the decisions of the Grand Chamber of the EuropeanCourt in Al-Skeini and others v UK and Al-Jedda v UK.

During 2011 the Institute maintained and built on relationships with thelegal profession, universities and higher-learning institutions through co-sponsorship of events. This year the Institute was pleased to participate asa co-sponsor on several premier events including: “Business and HumanRights: Implementing the UN Guiding Principles” (co-sponsor CliffordChance); “60 years in International Law: honouring Sir Elihu LauterpachtQC” (co-sponsor 20 Essex Street chambers) and the Sir William DaleAnnual Memorial Lecture (co-sponsor Institute for Advanced Legal Studies).

European Law took the event team to Edinburgh this year for ourOctober event “European Convergence? The European Union’sParticipation in the European Convention on Human Rights”. ProfessorSir David Edward, Vice-President of the Institute and Professor Emeritus,University of Edinburgh, chaired a distinguished group of speakers includ-ing: Lord Hope of Craighead, Deputy President of the UK Supreme Court;Professor Alan Boyle, University of Edinburgh; Tim Eicke QC, EssexCourt Chambers; Patrick Layden QC TD, Scottish Law Commission andAdam Weiss, The AIRE Centre.

The Institute continued to support its annual program of meetings andevents for professional forum group members of the CLF (CompetitionLaw Forum), ITF (International Treaty Forum) and PLF (Product LiabilityForum). Building on their work during 2011, the Forums held a number ofpublic conferences and all were well attended. We thank members fortheir continued contribution to these expert professional groups.

Our event season for 2011 concluded with familiar annual events butalso new event topics. The 35th FA Mann lecture entitled “Judicial andPolitical Decision Making: The Uncertain Boundary” saw JonathanSumption QC address a full house at Lincoln’s Inn Old Hall. “Insolvency:Current Questions in Cross-Border Scenarios” in November examinedvarious topics, such as the interrelation of cross-border assignment andinsolvency law; the effects of insolvency on international arbitrationproceedings; current developments on the recognition in the UnitedKingdom of judgments entered in foreign insolvency proceedings; theshortcomings of the Insolvency Regulation and potential remedies, includ-ing an EU wide harmonisation of bankruptcy laws (this event was spon-sored by Herbert Smith as part of the Private International Law Series).

The Institute holds in excess of 65 public events annually and is recog-nised as a CPD training provider by the Solicitors Regulatory Authorityand Bar Standards Board for England and Wales. In 2011 our eventsattracted 3,359 delegates including legal professionals; academics andpost-graduate law students.

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Institute Development

The Development Appeal

The Institute’s Development Appeal was established with the principalobjective of raising funds for the Bingham Centre for the Rule of Law andthe Arthur Watts Senior Research Fellowship in Public International Law.A report on the progress of each Appeal is listed below.

We are also extremely fortunate to have had the continued support ofHerbert Smith LLP in relation to the Herbert Smith Senior ResearchFellow in Private International Law and of The Dorset Foundation, whosegenerosity over the years has provided the funding for the Dorset SeniorResearch Fellow in Public International Law, and the Institute’sDevelopment Director.

The Bingham Appeal

The year started with £1.6 million received or pledged against a target of£2.25 million. By the end of the year a further £420,000 has been raisedin donations and pledges bringing the current total to over £2,020,000.

This uplift is largely due to newsupport from law firms and compa-nies, including BP PLC, White &Case LLP, DLA Piper LLP, AshurstLLP and Berwin Leighton Paisner.The Bingham family have alsobeen very generous both in termsof personal donations and inensuring that the Bingham Centre for the Rule of Law was named as thebeneficiary of the retiring collection at Lord Bingham’s memorial service.These donations combined gave the Institute the confidence to recruitthe Centre’s Research Fellow posts who will be in place by January2012.

A further £250,000 needs to be raised to ensure adequate funding ofthe Centre for its first five years with additional funding sought for its longterm stability. More information on the activities of the Bingham Centreand its plans for the future can be found in this Annual Report.

We are extremely grateful to all of those donors listed below who havecontributed so much both in funds and in the giving of their time and effort.Space prohibits listing all of our donors but those who have given partic-ularly generously are listed below.

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In 2011 the Bingham Appealraised just over £2million, andthe Arthur Watts Appeal£395,000 in donations andpledges.


3 Verulam Buildings11 King’s Bench WalkThe Rt Hon Sir Richard AikensThe Hon Sir Robert AkenheadAllen & Overy LLPRobin Allen QCDavid Anderson QCClaire ArmstrongThe Hon Sir Richard ArnoldAshurst LLPThe Hon Sir David BeanThe Hon Sir Rodger BellSir Christopher Bellamy QCMichael Beloff QCBerwin Leighton Paisner LLPCatherine BinghamLady BinghamThe Rt Hon Lord Bingham of Cornhill KGThe Hon Sir William BlairBP PlcMichael Brindle QCThe Rt Hon Sir Henry BrookeThe Hon Charles N. BrowerLord and Lady Browne-WilkinsonThe Hon Sir Roger BuckleyThe Rt Hon Sir Richard BuxtonMonica Carss-Frisk QCThe Rt Hon Sir John ChadwickThe Rt Hon Sir Anthony ClarkeThe Hon Sir Christopher ClarkeClifford Chance LLPChristopher CoombeThe Hon Sir Ross CranstonPeter Cruddas FoundationRhodri Davies QCDLA Piper LLPBarbara Dohmann QCEamonn DoranThe Drapers’ CompanyThe Hon Sir Richard FieldMichael Fordham QCProf Malcolm ForsterFountain Court ChambersLady Fox CMG QCFreshfields Bruckhaus Deringer LLPThe Rt Hon Sir Peter GibsonThe Rt Hon Sir Iain GlidewellRichard GoddenThe Golden Bottle TrustProf Sir Roy Goode CBE LLD FBA QC

& Lady Goode

James Goudie QCThe Rt Hon Lord Griffiths MCThe Rt Hon Baroness Hale of

RichmondThe Hon Sir Launcelot HendersonHogan LovellsSir Christopher HoggThe Rt Hon Lord Hope of CraigheadMichael Hutchings OBEThe Rt Hon Sir Michael HutchisonThe Rt Hon Lord HuttonIBA Charitable TrustThe Rt Hon Robin JacobSir Francis Jacobs KCMG QCThe Hon Sir Edwin JowittThe Rt Hon Sir David KeeneThe Rt Hon Sir Paul KennedyThe Law SocietyAlexander Layton QCSir Jeremy Lever KCMG QCClive Lewis QCThe Hon Sir Kim LewisonLinklaters LLPLord Lloyd of Berwick DLThe Rt Hon Sir Andrew LongmoreMacfarlanes LLPThe Rt Hon Lord Mackay of Clashfern KTGavin Millar QCRichard Miller QCIain Milligan QCThe Rt Hon Sir Martin Moore-BickThe Rt Hon Sir John MummerySir Torquil NormanTimothy Otty QCThe Hon Sir Robert and Lady OwenTim Owen QCThe Rt Hon Sir Roger ParkerDavid Perry QCThe Estate of FA MannThe Rt Hon Lord Phillips of Worth

MatraversThe Pilgrim TrustThe Rt Hon Sir Mark PotterThe Rt Hon Sir Stephen RichardsThe Rt Hon Sir Bernard RixWSM RobinsonThe Hon Mr Justice Roth QCThe Salih FamilyPeter Scott CBE QCShell International LtdSidley Austin LLP cont.

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The Arthur Watts Appeal

The Institute’s appeal for the Arthur Watts Senior Research Fellowship inPublic International Law started the year at £228,332 and now stands at£395,000 of its initial £500K target to cover the running costs for theFellowship for five years. The most significant donation in this period wasa contribution from Allan Myers AO QC of Melbourne, to whom we arevery grateful. Other significant donors this year have been the Foreignand Commonwealth Office and a number of public international lawyerswho have been involved in the Institute and were close to Sir ArthurWatts. The Institute is delighted to announce the appointment of JillBarrett to be the inaugural Arthur Watts Senior Research Fellow in PublicInternational Law from January 2012.

The Institute wishes to thank Sir Franklin Berman KCMG QC, who hasled the fundraising for this Fellowship.

We are grateful to all of those donors listed below for their generoussupport.

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Simmons and SimmonsThe Hon Mr Justice SinghSlaughter and May (current and retired

partners)The Hon Sir Andrew SmithThe David & Elaine Potter FoundationRhodri Thompson QCVV Veeder QCVivmar Foundation

The Hon Sir Paul WalkerSir Timothy WalkerThe Rt Hon Sir Mark WallerDame Juliet Wheldon DCB QCWhite & Case LLPThe Rt Hon Sir Nicholas WilsonThe Hon Sir Roderic WoodThe Hon Sir Michael WrightTimothy Young QC

David BentleySir Franklin Berman KCMG QCThe Binks TrustThe Hon Charles N. BrowerHigh Commissioner of Brunei

DarussalamJeremy Carver CBEDavid M. Craig QCProf James Crawford SC LLD FBADavid M Edwards CMGSir Gerald ElliotSir Michael FayForeign & Commonwealth OfficeLady Fox CMG QCCecilia GillettHE Judge Sir Christopher Greenwood

CMG QCHE Ms Dell Higgie

Dame Rosalyn Higgins DBE FBA QCColin KeatingHSH Prince Hans-Adams II of

LiechtensteinProf Vaughan Lowe QCProf Maurice Mendelson QCAllan Myers AO QCThe Hon Sir Richard PlenderProf Philippe Sands QCR M TimpsonVV Veeder QCThe Watts FamilyProf Stephen WeatherillDavid Williams QCSir Michael Wood KCMGSamuel WordsworthAnonymous


Donations to the Institute

The Herbert Smith Fellow in Private International LawSupported by Herbert Smith LLP

The Dorset Fellow in Public International Law & Institute DevelopmentDirectorSupported by The Dorset Foundation

Susan BrightThe Estate of Lord Bingham of Cornhill KGLady BinghamThe Hon Sir William BlairSir Jeremy Lever KCMG QCSir Sydney Kentridge KCMG QC

Finally, we would like to thank all of those individuals and organizationswho have supported the Institute’s Development.

If you wish to support any aspect of the Institute’s work, please contactthe Institute on 020 7862 5151 or [email protected]. Donations mayalso be made on line by visiting http://www.biicl.org/development/support/

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Company Registration No. 615025Charity Registration No. 209425

Summarised Financial Statements

For the Year Ended31 December 2011

57

FundraisingResearchMember ServicesPublicationsEventsVoluntary IncomeOther

Fundraising

Research

Member Services

Publications

Events

Support Costs

Other

BIICL 2011 INCOME

BIICL 2011 EXPENDITURE

2.75%

25.27%

14.93%

13.84%

12.08%

28.57%

2.56%

1.37% 5.62%

41.87%

10.73%

4.54%

12.56%

23.31%


THE BRITISH INSTITUTE OF INTERNATIONAL ANDCOMPARATIVE LAW

SUMMARISED STATEMENT OF FINANCIAL ACTIVITIES(Incorporating an Income & Expenditure Account)

FOR THE YEAR ENDED 31 DECEMBER 2011

Unrestricted Restricted Endowment Total TotalFunds Funds Funds 2011 2010

£ £ £ £ £

INCOMING RESOURCESIncoming resources from generated funds:Voluntary Income 23,299 501,424 – 524,723 703,215Activities for generating funds:Fundraising grant income 50,000 – – 50,000 70,000Rental income 20,698 – – 20,698 24,100Investment and other income 21,832 4,646 – 26,478 16,551Incoming resources from charitable activities:Member services 274,269 – – 274,269 279,251Publications and journals 254,270 – – 254,270 233,337Conferences and seminars 221,895 – – 221,895 187,883Research programmes 476,539 (12,480) – 464,059 529,730

————– ————– ———— ————— —————Total incoming resources 1,342,802 493,590 – 1,836,392 2,044,067

———— ———— ———— ————— —————

RESOURCES EXPENDEDCosts of generating funds:Fundraising costs 51,742 32,674 – 84,416 77,564Charitable activities:Member services 160,621 – – 160,621 142,985Publications and journals 68,136 – – 68,136 61,355Conferences and seminars 188,445 – – 188,445 137,306Research programmes 375,982 252,195 – 628,177 446,145Support costs: Staff costs 193,757 – – 193,757 205,423Support costs: Premises & other costs 122,231 33,737 – 155,968 127,663Depreciation & loss on disposals 12,678 – – 12,678 13,851Governance costs 7,933 – – 7,933 9,402

————— ————— ————— ————— —————Total resources expended 1,181,525 318,606 – 1,500,131 1,221,694

————— ————— ————— ————— —————

Net incoming resources before 161,277 174,984 – 336,261 822,373other recognised gains and losses

Gross transfers between funds 6,607 (6,607) – – –

Other recognised gains and lossesUnrealised net gains on investments (7,219) – – (7,219) 5,275

————— ————— ————— ————— —————Net movement in funds 160,665 168,377 – 329,042 827,648

Reconciliation of fundsTotal funds brought forward 592,193 981,357 402,042 1,975,592 1,147,944

————— ————— ————— ————— —————Total funds carried forward 752,858 1,149,734 402,042 2,304,634 1,975,592

————— ————— ————— ————— —————

CONTINUING OPERATIONSNone of the charity’s activities were acquired or discontinued during the above two financial years.

TOTAL RECOGNISED GAINS AND LOSSESThe charity has no recognised gains or losses, other than the above movement in funds for the above two financial years.

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THE BRITISH INSTITUTE OF INTERNATIONAL ANDCOMPARATIVE LAW

SUMMARISED BALANCE SHEETAS AT 31 DECEMBER 2011

2011 2010FIXED ASSETS £ £ £

Tangible assets 73,580 54,362Investments 245,865 246,012

————— —————319,445 300,374

—————- —————CURRENT ASSETSStocks 6,588 19,533Debtors 305,814 215,559Cash at bank and in hand 2,274,384 1,821,529

————— —————2,586,786 2,056,621————— —————

CREDITORS: amounts falling due within one year (601,597) (381,403)————— —————

NET CURRENT ASSETS 1,985,189 1,675,218—————- —————

TOTAL ASSETS LESS CURRENT LIABILITIES 2,304,634 1,975,592—————- —————

ENDOWMENT FUNDSSunley – Percy Rugg Endowment Fund 140,255 140,255Sunley – Sebag Shaw Endowment Fund 140,255 140,255Barnett Shine Charitable Foundation Fund 121,532 121,532

————— —————402,042 402,042

RESTRICTED FUNDS 1,149,734 981,357

UNRESTRICTED FUNDSGeneral Fund 653,205 504,540Fixed Assets Fund 73,580 54,362Revaluation Reserve Fund 26,073 33,291

————— —————752,858 592,193

—————- —————2,304,634 1,975,592—————- —————

These summarised accounts have been prepared from the draft full annual accounts of theBritish Institute of International and Comparative Law. As such these accounts have notbeen extracted from the final full annual accounts and therefore have not been audited.

Their purpose is therefore to provide limited financial information as to the financial activ-ities and results of the Institute for the year ended 31 December 2011 together with its finan-cial position as at 31 December 2010. They may not contain sufficient information to allowfor a full understanding of the financial affairs of the charity.

For further information, copies of the full audited accounts can be obtained from theBritish Institute of International and Comparative Law, Charles Clore House, 17 RussellSquare, London WC1B 5JP.

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annual report 2011 - biicl

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